Maddipatla Chakravarthi vs The State Of Telangana
2022 Latest Caselaw 6311 Tel

           THE HON'BLE SMT. JUSTICE P.MADHAVI DEVI

                   WRIT PETITION No.43391 of 2022

ORDER:

This Writ Petition has been filed seeking a Writ of Mandamus

declaring that the petitioners being legal owners of property of

Bundikaunta Tank situated in Sy.No.114 of Peddakorukondi Village

Kalluru Mandal of Khammam District and therefore they alone are

having exclusive rights for fishing in their land and to pass such other

order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that

the petitioners claim to be the owners of the land in Sy.Nos.111 and 114

to an extent of Ac.9-34 gts. It is submitted that the said lands are low

lying lands and therefore their patta land is submerged and the

petitioners alone are the owners of the land and having fishing rights in

their land. It is submitted that they were contemplating to grant fishing

rights to 3rd party apprehending that the said action would be taken

denying fishing rights to the petitioners in their own lands, the

petitioners gave representations to the respondents on 15.03.2021 and

01.08.2022 and the grievance of the petitioners is that the said

representations have not been disposed of so far by the respondents.

PMD,J W.P.No.43391 of 2022

4. Learned Government Pleader for Fisheries is also heard.

5. Having regard to the fact that the subject land is the submerged

patta and shikam land of the petitioners as claimed by them and

therefore, they are the rightful owners of the land and alone are eligible

to do fishing in their land as held by this Court in Writ Petition No.17153

of 2020. The respondents are therefore directed to consider the

representations of the petitioners dated 15.03.2021 and 01.08.2022 and

to pass appropriate orders thereon within a period of three (03) weeks

from the date of receipt of a copy of this order by taking into

consideration the judgment of this Court in W.P.No.17153 of 2020 dated

02.03.2022.

6. Accordingly, this Writ Petition is disposed of. There shall be no

order as to costs.

Miscellaneous applications, if any pending, shall also stand closed.

_____________________________ JUSTICE P.MADHAVI DEVI Date:01.12.2022 Note: Furnish C.C in a Week.

TU/PRN PMD,J W.P.No.43391 of 2022

THE HON'BLE SMT. JUSTICE P. MADHAVI DEVI

WRIT PETITION No.43391 of 2022

Date:01.12.2022 Note: Furnish C.C in a Week.

TU/PRN