Telangana High Court
The Fishermen Cooperative Society ... vs The State Of Telangana on 5 August, 2025
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
W.P.NO. 6122 OF 2025
ORDER:
In this writ petition, the petitioner is seeking a direction to
the respondents No.3 and 4 to consider its representations
dated 24.01.2025, 03.02.2025 and 15.02.2025 and to take
steps to allow the members of the petitioner's society to fish in
Boda-Bonda Reservoir in proportion to their lands i.e., Ac.32.10
gts., of Vardarajpur Village, Markook Mandal, Siddipet District,
which were submerged for construction of the Boda-Bonda
Reservoir and to pass such other order or orders in the interest
of justice.
2. Brief facts leading to the filing of the present writ
petition are that the Boda-Bonda Reservoir is spread over
Ac.85.30 gts., and is situated adjacent to Vardarajpur and
Dharmaram Villages. It is stated that Ac.32.10 gts., of land
belonging to the members of Vardarajpur Village and Ac.53.20
gts., belonging to Dharmaram Village of Jagdevpur Mandal,
Siddipet District, were acquired for the Boda-Bonda Reservoir. It
is stated that the Government of Andhra Pradesh has acquired
the lands vide Award dated 04.06.1990 in the Proceedings
No.A/2693/87 by the Land Acquisition Officer/Revenue
Divisional Officer, Siddipet. It is stated that both Vardarajpur
Village and Dharmaram Village were part of Jagdevpur Mandal
before bifurcation and after bifurcation Vardarajpur Village is
falling under the jurisdiction of Markook Mandal of the same
District i.e., Siddipet District. Since the lands of the Vardarajpur
Village are also part of the Boda-Bonda Reservoir, the petitioner
society, which was registered in the year 2023, is seeking 50%
of fishing rights or to the extent of lands submerged in the said
reservoir. It is stated that only the members of the Fishermen
Cooperative Society of Dharamram Village were being allowed to
do fishing in the Boda-Bonda Reservoir, while the fishermen of
Vardarajpur Village were not being allowed to participate in the
auction and are not allowed for fishing in the said reservoir. It is
stated that the petitioner society consists of 80 members and all
are solely dependent upon fishing for eking out their livelihood.
It is stated that the petitioner society has made a representation
to the District Collector and the District Fisheries Officer,
Siddipet District on 24.01.2025, seeking fishing rights in the
Boda-Bonda Reservoir. Since no action was taken thereon, the
petitioner society has made two more representations dated
03.02.2025 and 15.02.2025, citing various judgments of the
High Court i.e., W.P.No.8205 of 2021 and W.P.No.43763 of 2022
and yet when no action was taken thereon, the petitioner
society filed the present writ petition.
3. Learned counsel appearing for the petitioner society
has drawn the attention of this Court to the Award of the Land
Acquisition Officer dated 04.06.1990, to demonstrate that
Ac.32.10 gts., of land of Vardarajpur Village has also been
acquired for the purpose of the Boda-Bonda Reservoir.
4. Learned Government Pleader for Fisheries,
appearing for the respondent No.3, has filed a counter affidavit
confirming that the total area of the Borbanda Project is 85
Acres, in which 53 Acres of land belong to Dharmaram Village
and 32 Acres of land belonging to Varadarjpur Village is
submerged. It is submitted that the rules and guidelines of the
Rehabilitation and Resettlement Act G.O.Ms.No.74 I&CAD (LAR
& R/A2) Department, dated 14.08.2018, Circular Memo
No.4376/C1/2018, dated 04.04.2019 and G.O.Ms.No.43
Irrigation & CAD (LA.R&R/A2) Department, dated 28.10.2019
are not applicable to this case since the Boda-Bonda Project was
constructed before 27.09.2013 and hence it is not possible to
consider the petitioner society's request to issue fishing rights to
Varadarajpur Villagers also. It is further stated that there are
six tanks existing in the area of operation of the petitioner
society with total water spread area to an extent of 80.76 Acres,
whereas the area of operation of Dharmaram Village consists of
three water bodies with total water spread area to an extent of
139.05 Acres. It is submitted that the total membership of the
respondent No.7 society is only 38. It is submitted that Boda-
Bonda Project is being leased out in favour of the Fishermen
Cooperative Society, Dharmaram Village, since it falls in the
area of operation of the society. Thus, according to respondent
No.3, the operational area of both the societies is specifically
prescribed and they can avail fishing rights in the respective
areas of operation and the bye-laws of the societies need to be
amended to extend or reduce the area of operation. The copies
of the relevant G.Os., are enclosed with the counter affidavit.
5. Learned counsel appearing for the respondent No.7
has also filed a counter affidavit admitting that 53 Acres of land
of Dharamram Village and 32 Acres of land of Vardarajpuram
Village are submerged in the Boda-Bonda Reservoir. However, it
is stated that its total membership of respondent No.7 society is
188 members and not 38 members as mentioned by the
respondent No.3 in his counter affidavit. It is further submitted
that the petitioner society has already filed W.P.No.7186/2021
before this Court, which was disposed of directing the
Commissioner, Fisheries, to dispose of the pending Arbitration
Petition under Section 61 of TSCS Act for the proper
adjudication and the same was decided by the Fisheries
Commissioner vide orders dated 13.02.2023, holding that the
petitioner therein is a resident of Vardarajpuram Village,
Markook Mandal, which was not included in the area of
operation of the respondent No.7 society and therefore, it was
not appropriate to entertain the Arbitration Petition to admit the
petitioner as members of the FCS, Dharmaram. It is submitted
that the petitioner was at liberty to submit a fresh application
before the competent authority seeking membership in the
respondent No.7 society under the provision of the TSCS Act,
and that this writ petition is not maintainable as the principle of
"Resjudicata" gets attracted to this case. It is further stated that
the petitioner society has not approached this Court with clean
hands and the entire affidavit is false. It is submitted that the
petitioner society is having three other tanks to the total extent
of 80 Acres and that it is sufficient for their livelihood and
further that the members of the petitioner society are not the
land losers but they are other members of Dharmaram Village.
It is further submitted that G.O.Ms.No.74, dated 14.08.2018
and G.O.Ms.No.43, dated 28.10.2019, clearly states that the
same is applicable to the reservoirs and storage tanks
constructed on or after 27.09.2013 and since Boda-Bonda
Reservoir was constructed in the year 1990, the same is not
applicable. It is further submitted that the land losers of
Ac.32.10 gts., have already been paid compensation as per the
Compensation Act of 2013 long back and therefore they are not
entitled to the benefits of G.O.Ms.No.74 and G.O.Ms.No.43.
6. Learned counsel for the petitioner society has also
filed a reply affidavit reiterating the submissions made in the
writ affidavit stating that the issue in W.P.No.7186/2021 is
different from the issue before this Court. It is submitted that in
the said writ petition, the members of the petitioner society had
sought enrollment of the members of the petitioner society who
are the residents of Vardarajpur Village as members of the
respondent No.7 society and this Court had disposed of the writ
petition directing the Commissioner of Fisheries to dispose of
the Arbitration Petition and the Arbitration Petition was decided
by holding that the dispute is between the residents of
Vardarajpuram Village of Markook Mandal, which was not
included in the area of operation of the respondent No.7 society
and therefore, the petitioner society does not have membership
as on date. It is in view thereof that the petitioner society has
registered a separate society on 14.08.2023 and is seeking
fishing rights over the extent of areas belonging to Varadarajpur
Village, which was submerged in the Boda-Bonda Reservoir and
therefore, according to him, it is not the case of "Resjudicata".
Further he placed reliance upon the judgment of the Division
Bench of this Court in the case of A.P.State Fishermen
Development and Welfare Association, Vizag District Vs.
District Collector, Visakhapatnam, Visakhapatnam District
and Others 1, for the proposition that Doctrine of public trust is
part of Constitutional Law of sovereign control over the property
of the people and that the title of the State held in the water
bodies is held in trust for the people of the State and it bound to
put them to any use to subserve public interest either by denying
the community rights or diluting human rights or infringing
fundamental rights guaranteed to the citizens, would be against
such trust.
7. Having regard to the rival contentions and the
material on record, this Court finds that the prayer in the writ
petition was only to dispose of the representations of the
petitioner society dated 24.01.2025, 03.02.2025 and
1 2010 (2) ALD 300 (DB)
15.02.2025 for allowing the petitioner society also to have
fishing rights to them in Boda-Bonda Reservoir. The undisputed
facts are that the lands of Dharmaram Village as well as
Vardarajpur Village were acquired by the Government in the
year 1990 and the reservoir was also constructed before 2013.
The land losers whose lands have been acquired were also paid
compensation in accordance with the Land Acquisition Act and
the dispute with regard to the adequacy of the compensation
has also been decided by the Division Bench in the first appeal
filed by them. The petitioner herein is a society formed with the
Fishermen of Vardarajpur Village. On the ground that the lands
belonging to the Vardarajpur Village also has been acquired and
submerged in the Boda-Bonda Reservoir, they are seeking
fishing rights. However, the said issue is covered by
G.O.Ms.No.74, dated 14.08.2018 and G.O.Ms.No.43, dated
28.10.2019. Vide G.O.Ms.No.74, the persons whose lands have
been acquired or the fishermen who were doing fishing in
smaller water bodies and the entire water bodies have been
subsumed in the reservoir or project, have been permitted to
seek fishing rights in the reservoir or project. However
G.O.Ms.No.43, has clarified that the benefits of G.O.Ms.No.74
would be available only to the projects which are constructed
after 27.09.2013. The petitioner society cannot therefore seek
the benefit of G.O.Ms.No.74. There is no challenge to the
G.O.Ms.No.74 in this writ petition. The decision of this Court in
W.P.No.8205 of 2021 strictly is not applicable to the case on
hand as in the said case, the issue of the project being
completed prior to 27.09.2013 is not mentioned. The decision
relied upon by the learned counsel for the petitioner i.e.,
A.P.State Fishermen Development and Welfare Association,
Vizag District (cited supra), is not applicable to the case on
hand as the said judgment is of 2009 wherein G.O.Ms.No.74,
dated 14.08.2018 and G.O.Ms.No.43, dated 28.10.2019, had
not even been issued and hence not discussed. Therefore, this
Court does not find any merit in the writ petition.
8. Accordingly, the writ petition is dismissed. There
shall be no order as to costs.
9. Miscellaneous petitions, if any, pending in this writ
petition, shall stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 05.08.2025
bak
