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Judgment
This Writ Petition is filed seeking a Writ of Mandamus to declare the inaction of the respondents-police in providing protection to the members of the petitioner-society with regard to catching of fish in Pedda Cheruvu/Konarayani Cheruvu of Bavusaipeta Village, Konaraopet Mandal, Rajanna Sircilla District, in spite of the letter addressed by the 2nd respondent vide Lr.No.67/C/2020 dt.08.02.2022, followed by written complaint dt.14.03.2022, as illegal and arbitrary; and to direct the respondents to provide police bandobust to the members of the petitioner-society to conduct fishing operations in the said tank bed, without any hurdles.
Heard counsel for the petitioner-Society, learned Government Pleader for Fisheries appearing for respondent No.s 1 & 2, learned Government Pleader for Home appearing for respondent No.s 3 & 4, and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
Petitioner contends that vide proceedings dt.07.01.2022 of the 2nd respondent, it had been granted with fishing rights in respect of Konarayani Cheruvu of Bavusaipeta Village, Konaraopet Mandal, Rajanna Sircilla District; that in spite of the same, the members of the petitioner-society could not proceed with the fishing operations due to local disputes; that the petitioner-society had approached the 2nd respondent once-again requesting the said authority to address a letter to the 4th respondent to extend police bandobust for catching of fish by the members of the petitioner-society; that the 2nd respondent, taking note of the fact that petitioner-society is unable to catch fish due to local issues, had addressed a letter dt.08.02.2022 to the 4th respondent directing the said respondent to provide necessary bandobust on 10.02.2022 for conducting fishing operations in Pedda Cheruvu/Konarayani Cheruvu; and in spite of the said communication being addressed by the 2nd respondent, the 4th respondent did not provide bandobust on 10.02.2022.
Petitioner further contends that the petitioner-society once again approached the 4th respondent and submitted a representation on 14.03.2022 informing that fishing operations would be undertaken on 20.03.2022 and sought for deputing concerned police personnel to ensure that no law and order issue takes place, but the 4th respondent did not extend any police bandobust on the said date i.e., on 20.03.2022 in spite of grant of fishing rights by the 2nd respondent, as a result of which, the members of the petitioner-society are unable to eak out their livelihood, and therefore seeks a direction to the respondents to provide police bandobust at Pedda Cheruvu/Konarayani Cheruvu for carryout out fishing operations by the members of the petitioner-society.
Written instructions under the signature of the Sub-Inspector of Police, Konaraopet P.S., Rajanna Siricilla District, is placed before this Court and the same is taken on record.
By the said written instructions, it is stated that on receiving letter from the 2nd respondent dt.08.02.2022, the 4th respondent made a GD entry and deputed police personnel on 10.02.2022 at Konarayuni Cheruvu of Bavussaipet Village for bandobust, but on the said date, no fishing activities were conducted by the members of the petitioner-society. It is also stated that once again, on receiving letter dt.14.03.2022 from the petitioner-society seeking police protection on 20.03.2022 for conducting fishing operations, the 4th respondent made GD entry and deputed police personnel on 20.03.2022 at Konarayuni Cheruvu, but again on the said date also, no fishing activities were conducted thereat by the members of the petitioner-society.
Learned Government Pleader for Home appearing for the respondents, by the said written instructions, would submit that if this Court were to direct the respondents-authorities to provide police protection/bandobust at Konarayuni Cheruvu of Bavussaipet Village on any specific date, the respondents-authorities would comply with the said direction.
Having regard to the above submissions, and considering the fact that grant of fishing rights in favour of the petitioner-society vide proceedings dt.07.01.2022 is not in dispute, and a letter was also addressed by the 2nd respondent to the 4th respondent on 08.02.2022 to extend police protection, the 4th respondent is directed to provide necessary police protection/bandobust on 05.04.2022 to ensure that the members of the petitioner-society undertakes fishing activities in Pedda Cheruvu/Konarayani Cheruvu of Bavusaipeta Village, Konaraopet Mandal, Rajanna Sircilla District. Petitioner-society is also permitted to file a letter with the 4th respondent, well in advance, mentioning the time as to when the members of the petitioner-society would undertake fishing operations in the said tank bed on 05.04.2022.
Subject to the above, the Writ Petition is disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any, pending shall stand closed.