COPY OF

Ref. No. 1489/54/89,                                                   Office of the Divl. Forest
Dated: 24-11-1994.                                                     Officer, Achampet.

From:
Sri. V.Kishan Reddy, B.Sc.,                                         To:
Divisional Forest Officer,                                              The Assistant Director,
Achampet.                                                                    Project Tiger.
                                                                                    Achampet.

Sir,

            Sub:-    Leasing out Forest tank in Rushulu cheruvu in
                        Achampet Range for fishing purpose - Regd.

            Ref:-     A/o Fisheries Union of Kondanagula.

* * *

            While enclosing a copy of the application submitted by fisheries union of Kondanagul, I am to inform you that, the said Rasoolcheru is located in comportment No.118, 115 of R.P. Amrabad. Sivar of Billakal, Range Achampet.  The fisherman society has requested for grant of permission rearing fish in the tank by the society numbers.

            Since the area falls in the R.F. and the buffer zone of Rajiv Tiger Project.  The giving permission for rearing the fish is not in my competency.  Moreover as per Forest Act fishing in R.F. is also prohibited.

            However since it is a fishermen cooperative society, and livelihood of weaker sections is involved, if the interest of Wildlife in general is not effected, recommendations may be made to the competent authority i.e., Government of Andhra Pradesh through proper channel, for according permission.

Yours faithfully,
Sd/- Divl. Forest Offiecer,
Achampet.       
//t.o.b.o.//

Sd/- Superintendent.

GOVERNMENT OF ANDHRA PRADESH
FOREST DEPARTMENT.

Rc.No.228/PT/A’pet/93,                                                          Office of the Asst. Director,
Dated: 25-01-1995.                                                                 Project Tiger, Achampet.

From:                                                                                       To:
Sri Siddiq Hassan Khan,                                                           The Field Director,
Assistant Director,                                                                    Project Tiger,
Project Tiger, Achampet.                                                          Srisailam.

Sir,

            Sub:-    Forest leasing of Fish Tank - request for
                        leasing out Rasool Cheru Tank for fishing – Regd.
            Ref:-     1).  AD., PT., Achampet __________,
                        dated 19-10-1994.
                        2). FD., PT., Sri_________________/PT/A’pet/94,
                        dated 23-10-1994.

* * * 

            With reference to above, I submit that the Fish production is nil in Rasool Cheru Tank  The fish production is not been harvested regularly in Rasool Cheru Tank.

            The matter was refered to Divisional Forest Officer, Achampet and he informed that, the area falls in Reserve Forest and Buffer Zone and giving permission for harvesting fish is not in his competency.  Further more he states that harvesting fish in Reserve Forest is prohibited.  He also states that since it is a fishermen co-operative society and lively hood of weaker sections is involved and if the Wild Life in general is not effected the case may be considered and necessary proposals may be submitted to government for according permission of fishing in the Rasool Cheru Tank.

            This is submitted for favour of information.  A copy of Divisional Forest Officer, Achampet is enclosed here for kind perusal.
 

Yours faithfully,
 
Assistant Direct,
Project Tiger, Achampet.

Proceedings of the Project Officer, Integrated Tribal Development Agency
(PTG-Chenchu) Srisailam Dam East – 518 102, Kurnool District.

Present : Sri M.Ramachandra, M.Sc.

Sr. No. H/4008/2000                                                               Dt. 16-8-2000

Sub:-    I.T.D.A. (PTG-Chenchu), Sundipenta – sanction of Rs.68,227.50 as advance to concerned VTDAs to start fishery units – reg.

            Ref:-     1. Representations from VTDAs.
2. Report of Assistant director of Horticulture of this office on his visit to Department of fisheries, Kurnool.

1. Note orders of the Project Officer dt. 16-7-2000
2. Rc.No.H/4008/2000 dt. 6-8-2000
3. Note Orders of the Project Officer, dt. 10-8-2000

x x x

            Throught the references 1 & 2 read above different VTDAs came forth to start fishery units.  Assistant Director of Horticulture of this office submitted a detail report indicating full details for starting fishery units in naturally existing ponds.

            With the references 3 & 4 read above instructions were given to concerned ADC/AEOs to inspect, verify and confirm the water level and feasibility of taking up fishery unit in proposed centers. It was also informed that required number of fingerlings as per the recommendation will be supplied to concerned VTDA only on submitting the agreement that the same amount will be reimbursed after the harvest and sale of the crop.

            With the reference 5 cited it was agreed to release the amount as loan to VTDAs and concerned field staff should assist in getting the fingerlings from fisheries department and be implemented properly.  The details are shown here under.

            Assistant accounts officer of this office is here by requested to the above mentioned total amounts to concerned VTDAs through ADC/AEO for taking up fishery units by meeting the expenditure from SCA funds.

            The concerned ADC/AEOs is consultation with the VTDA should with the Assistant Director Fisheries of concerned district and brought the fingerlings should see that they are safely dropped into the above tanks.  They are requested to the bills to this office within 10 days without fail.

Sd/- M.Ramachandra
PROJECT OFFICER

concerned VTDAs
the Concerned ADC/AEOs
the AAO of this for necessary action
the Bill/Stock File.

Vinod K Agrawal, I.A.S.                                                        Office of the
Commissioner                                                                        Commissioner of Tribal Welfare                                                                                   Government of Andhra Pradesh

.O.Lr.No.TRI/LTR/1450/01, Dt:5-01-02

It has been represented to me that the chenchu tribals have been prevented from dropping fish seed in Rasul Cheruvu situated in the scheduled area of your district by one fisherman Cooperative Society of Kondanagula.

            I wish to draw your attention towards the provisions of A.P.S.A.L.T.R. which specifically prohibit any transfer of interest on any immovable property or its usufructs to the non-tribals in the scheduled areas.  This Provision also applies to the government land and tanks in the scheduled areas and as such giving any right to any fishermen Cooperative Society, not fully consisting of tribals, will be violative of the LTR.

            I request you to please get the matter looked into immediately and restore the right to the tribal over the said Rasul Cheruvu.

Yours sincerely,           

           Sd/-                 
      (VINOD AGRAWAL)     

To
Sri K.Madhusudana Rao, I.A.S.,
District Collector,
MAHABOOBNAGAR.

Copy to Dr.P.Siva Rama Krishna, SAKTI, #105 & 411, Janapriya Paradise,
            opp. Syndicate Bank Lane, Ashoknagar-1. Hyderabad – 20.

(VINOD AGRAWAL)

Telugu Samkshema Bhavan, Masab Tank, Hyderabad – 500 028. Off.:040-3390487; Fax: 3315236; Res: 3413891
e-mail: <comtwd@hd2.dot.net.in> <vinodkagrawal@ap.gov.in>

T R A N S L A T I O N

To
The District Collector,
Mahaboobnagar District.

Sir,
Sub:     Representation given by the Tribal Chenchus of village near Billakal within the G.P. of Balmur Mandal, Mahaboobnagar District.
- - - 

We chenchus belonging to S.T. and we belong to Chenchu Community of Billakal.  There is Rushula Cheruvu Tank of nearly 1000 acres.  This tank is only water source for our cattle and wild live including the tiger etc.,  Our villagers as well as the Rushula Tank are is situated in the schedule area.  We are the local tribals and poor and landless.  Many of the tribal families in this area migrating to Rajasthan and Maharashtra for search of good.

            For the villagers of our area two to three months food is provided by fish from Rushula Cheruvu.

            Of late some of the non-tribals coming from plains which is not in the schedule area have coming into this tank and picking fish and adding chemicals polluting the water and they are converting this into commercial tank by abusing us.  In the month of rearing fish they are putting traps around the bank and killing the wild life..  In some occasions the wild life animals as well as our cattle are dying as they are consuming a polluted water.  Forest around the tank is shrinking as these non-tribals are cutting away the forests.  Therefore, we request you to take steps to see that the non-tribals interference in our schedule area is curbed.  The water is polluted. We request you to take steps to see that the tribals can take out their livelihood from this tanks.

6-2-2002.
                                                                                    sd: V.T.D.A. Ballakalu Chenchu.
                                                                                    sd: N. Krishnaiah President VTDA.
                                                                                    sd: N. Yerriah Secretary –do-
                                                                                    sd: V.Narasimlu President District
                                                                                     Chenchu Welfare Association.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : AT : HYDERABAD.

W.P. M.P. No.                        /2002
in
W.P.No. 3357 of 2002.

BETWEEN:

The Village Tribal Development Agency (VTDA) Billakal,
Barmur Mandal, Mahaboobnagar Dist
rep: by its President
Sri N. Krishnaiah                                              ....                    Petitioner

and

1. The District Collector

Mahaboobnagar Dist
Mahaboobnagar

and another                                                      ...                     Respondents.

AFFIDAVIT FILED ON BEHALF OF TRIBAL DEV. AGENCY

            I, Nimmala Krishnaiah son of Mallaiah aged about 35 years, resident of Billakal village, Balmur Mandal, Mahaboobnagar District having temporarily come down to Hyderabad to hereby solemnly and sincerely affirm and state as follows.

1. I respectively submit that I am the President of the Petitioner’s Village Tribal Development Agency (VTDA) and as such I am well acquainted with the facts of the case.

1. I respectively submit that the Writ Petition(No.3357 of 2002) was filed complaining that the District Administration has not taken any steps in pursuance to letter written by Commissioner, Tribal Welfare Department regarding the rights of the Tribals over the resources in the schedule area with specific reference to Rushula Cheruvu. In this Writ Petition status quo orders were passed.  Subsequently, some persons claiming to be President or Fishermen’s Co-operative Society filed an affidavit before this Honourable Court contending that the Forest Department had approved granting permission to the Fishermen’s Co-operative Society to rear fish in this (Rushula Cheruvu) Tank.  These proceedings are of 1994 and 1995.  However, the District Collector claimed that this tank falls within the Wild Life Sanctuary notified under Wild Life Protecti6on Act, 1972. The Divisional Forest Officer in the proceedings addressed to the District Collector claimed that way back in 1978 this area has been declared as Wild Life Sanctuary.  But the Fishermen’s Co-operative Society claimed that the same Divisional Forest Officer recommended for permission in 1994.

1. In respectfully submit that Section 18 of the Notification is only a preliminary notification and final notification has not been issued.  The rights of the residents of the Sanctuary area have to be ascertained and the final declaration has to be made after taking into3 consideration the inputs from the local residents and the Tribal Welfare Dept. etc.  Neither the District Collector nor the Fishermen’s Co-operative Society referred tot he core issue raised in W.P. i.e., rights of local tribals over the resources in the schedule area in harmony with nature.  The stand of the District Collector and the proceedings filed by the Fishermen’s Co-operative Society are contradictory and they exposed the nexus between the administration and the non-tribal powerful exploiters arrayed against the helpless tribals in the schedule area.  This Honourable Court opined that the forest department be impleaded as respondent.  It is proper and necessary that the Commissioner Tribal Welfare who is the custodian of the rights of the Tribals in the state of A.P. especially in the schedule areas also be made a party.  Hence this Petition is being filed praying to implead the Forest Department as party respondent along with the Commissioner, Tribal Welfare Department.  These two are necessary parties to adjudicate this matter as this case is going to decide the rights of the Tribals in the Schedule area vis – a –vis the non-tribals.

1. Hence, it is prayed that this Honourable Court may be pleased to implead the Prl. Secretary, Forest Department Government of Andhra Pradesh and the Commissioner, Tribal Welfare Government of A.P. as respondents 3 and 4 in the W.P.No.3357 of 2002 and pass such or further orders as may be deemed fit.

Solemnly and sincerely affirmed
on this the            day of April, 02
and signed his name before me.                                     DEPONENT.

                                                                                                Advocate.

IN THE HIGH COURT OF JUDICATURE : : ANDHRA PRADESH : HYDERABAD

W.P. NO.3357 OF 2002

BETWEEN:

The Village Tribal Development Agency (VTDA), Billakal,
Balmur Mandal, Mahaboobnagar District,
Rep. by its President N.Krishnaiah.
                                                                        ...                     Petitioner

AND:

The District Collector,
Mahaboobnagar District,
Mahaboobnagar and another.
                                                                        ...                     Respondents

COUNTER AFFIDAVIT FILED BY RESPONDENT NO.1

            I, K.Madhusudhana Rao, I.A.S., S/o.K.Venkateswarlu aged about 47 years, working as District Collector, Mahaboobnagar, R/o. Mahaboobnagar, do hereby solemnly and sincerely affirm and state as follows:-

1. I am the respondent No.1 herein and as such I am well acquainted with the facts of the case.  I have read the petitioner’s affidavit filed in support of writ petition and I submit that it does not disclose any valid or substantial grounds to issue any relief as prayed for.  The petitioner is put to strict proof of those allegations which are denied, except to the extent of specifically admitted hereunder.

1. It is respectfully submitted that the petitioner has filed the above writ petition seeking a writ of Mandamus, to declare the inaction on the part of the respondents, i.e., District Collector, Mahaboobnagar and the Superintendent of Police, Mahaboobnagar, is not taking appropriate action pursuant to the proceedings of the Commissioner of Tribal Welfare dated: 5-1-2002 as illegal and to direct the respondents to restore the rights of the local Tribal community over the Rusul Cheruvu near Billakal, Balmur Mandal, Mahaboobnagar District while denying any rights to all the non-tribals on this tank.  It is submitted that the petitioner is not entitled for the relief as sought for by it for the reasons herein after mentioned.

1. In reply to para 5 of the Petitioner’s affidavit, it is to submit that it is true that Billakal village consists of four hamlets with Chenchu habitants.  The Habitants eke out their livelihood by way of hunting and collection of forest product.  It is incorrect to say that their livelihood depends solely on fishing, particularly for five to six months.  It is to submit that the Government is providing lot of facilities to Chenchus by assigning lands purchased through Land Purchase Scheme, etc., even though they are migrating.  The Billakal village falls under the beat of Billakal range Achampet within the reserve forest of Amrabad block which is with in the Nagarjuna Sagar Tiger Reserve Sanctuary.  Since the area is a Wild Animal Sanctuary fishing in Rusul Cheruvu is prohibited.  Therefore, neither the Tribals nor the non-tribals are allowed fishing in the said Rusul Cheruvu.

1. In reply to para 6 of the Petitioner’s Affidavit , it is to submit that it is a fact that Project Officer, ITDA., Sundipenta accorded sanction of Rs.2,750/- as an advance to the writ petitioner towards the cost of finger lings and Rs.400/- towards transportation cost of taking up of the pisciculture. The amount was released as a loan only from S.C.A. funds to release 20,000/- finger lings in an area of 4 Hectors.  However the Divisional Forest Officer.  Wild Life Achampet had informed that the area of Rusul Cheruvu falls under Nagarjuna Sagar Tiger Reserved Sanctuary and therefore no one has got the right to catch the fish in the Rusul Cheruvu and fishing in it by anybody is an offence under the provisions of the Wild Life Protection Act, 1972.  The Project Officer, ITDA (PTG-Chenchu), Sundipenta through letter No.H/4008/2000 has informed to the Writ Petitioner that they do not have right to catch the fish in the Rasul Cheruvu and violation it by any one will be punished under Wild Life Protection Act, 1972.

1. In reply to para 7 of the Petitioner’s Affidavit it is to submit that neither the Tribals nor the non-tribals are allowed fishing in Rusul Cheruvu since the said activity is prohibited in view of the inclusion of the are in Wild Life Sanctuary.  However the riths and privileges of the Tribals are being protected and they are allowed to enjoy their rights conferred and guaranteed by the statutes of the State and Central Government.

Further it is to submit that the Rusul Cheruvu of Billakal village and other 7 Tanks were leased out to Fishermen Co-op. Society, Kondanagula upto the year 1982 by the Fisheries Department.  But from the year 1983 onwards, the Rusul Cheruvu is not being leased out to the Fishermen Co-Op. Society of Kondanagula because it falls under the Wild Life Sanctuary. Thus from 1983 onwards, the leasing of Rusul Cheruvu has been completely stopped.  But the Fishermen Co-op. Society of Kondanagula now and then have been representing to allow them for fishing in Rusul Cheruvu of Billakal village.  But in view of the sanctuary, the Fishermen Co-op. society, Kondanagula was informed even very recently also by the assistant Director, Fisheries, Mahabubnagar vide reference No.1638/C/2001 dated 30-6-2001 that their request for leasing out Rusul Cheruvu can not be granted since the Rusul Cheruvu is with in the area of Wild Life Sanctuary. In April 2001 the non-tribals have tried for fishing in Rusul Cheruvu, but they were not allowed in view of prohibition.  Both the Tribals and non-tribals were restrained from fishing in Rusul Cheruvu.

It is submit that it is a fact that the Commissioner, Tribal Welfare, wrote D.O. letter dated 5-1-2002 to the respondent No.1 herein that Chenchu Tribals represented that they have been prevented from dropping fish seed by Fishermen Co-op. Society of Kondanagula village.  it is also a fact that commissioner has requested the respondent No.1 herein to look into the mater immediately and restore the rights to the Tribals over the said Rusul Cheruvu.  AS already submitted in the pre paras, fishing in Rusul Cheruvu is prohibited as it falls within the Wild Life Sanctuary. Therefore the request of the petitioners to allow them for fishing in Rusul Cheruvu could not be considered. However a clarification has been sought on this aspect from the Govt. and further action would be taken on receipt of the same.

1. In reply to para 8 it is to submit that, as already submitted in the above para the non-tribals have no right, for fishing in Rusul Cheruvu.  No such representation was made on 6-2-2002 as per the record of Collectorate.  However the concerned authorities have been taking action and not allowing the non-tribals for fishing in Rusul Cheruvu.

1. In reply to paras 10,11 and 12, it is to submit that the Divisional Forest Officer, Wild Life Management, Achampet, Deputy Superintendent of Police, Nagarkurnool and Revenue Divisional Officer, Nagarkurnool have been addressed to see that non-tribals should not enter into Rusul Cheruvu and its vicinity for rearing and picking fish and adding chemicals in Rusul Cheruvu and putting traps around the bank and killing the wild life.  It is to further submit that all measures are being taken to preserve the nature in the area and also to safeguard the rights and privileges of the Tribals which are specifically guaranteed and protected under the statues of State and Central Government.

1. In reply to paras 13 and 14 it is to submit that the Rusul Cheruvu is within the area of Wild Life Reserve Sanctuary and therefore no permission can be given for fishing, hunting, etc, either to the tribals or non-tribals.

The concerned Authorities have already been addressed to see that non-tribals do not enter into the Rusul Cheruvu and its vicinity to fish, hunt etc., In so far as the prayer of the writ petitioner to restore the rights of local tribals over Rusul Cheruvu, it is to submit that, permission cannot be given to the writ petitioners for fishing in Rusul Cheruvu, since it is within Wild Life Sanctuary.  As already submitted at Para 5 a clarification has been sought for from the Govt. on the rights of Tribals in respect of Rusul Cheruvu which is within Wild life sanctuary area. However, action is being taken to safeguard and protect the other rights of the tribals as per the Agency Laws and other statutes.

In view the above, it is to submit that, the writ petition is devoid of any merits and weight and needs no directions as prayed for by the petitioner.  Therefore, it is prayed that the writ petition may be dismissed with costs.

Solemnly and sincerely affirmed                                                             Deponent.
on this 27th day of March 2002 and
signed his name in my presence.

IN THE HIGH COURT OF JUDICATURE : ANDHRA PRADESH : HYDERABAD

W.P. No.3357 of 2002.

INDEX FOR MATERIAL PAPERS
FILED BY RESPONDENT No.1

// true copies //

Hyderabad,
Dated: 2-4-2002                                                                      Govt. Pleader; Social Welfare
(2001).

Material Paper 1

Ref.No.353/S4/2002,                                                   Office of the Divl. Forest Officer,
Dated: 15-3-2002.                                                       Wildlife Management, Achampet.

From                                                                            To
Sri. V.V.Rajam, B.Sc.,                                     The District Collector & Magistrate,
Divl. Forest Officer,                                                      The District Collector & Magistrate,
Wildlife Management,                                       Mahabubnagar.
Achampet.

Sir,

Sub:-    High Court – Writ Petition No.3357/2002 filed by Tribal Development Agency, Billakal Village of Balmoor Mandal for stopping fishing by Non-tribals in Rasul Cheruvu – Regarding.

Ref:-     1. Dist. Collector, MBNR Ref.No.F3/837/2002, dt.2-3-2002 received on 9-3-2002.
            2. This Office Ref.No.2085/S4/2000, dt.4-4-2001 addressed to the P.D. ITDA. SSLM.
            3. This Office Ref. No.2085/S4/2000, dt. 4-4-2001 addressed to the police authorities.

* * *

            It is submitted that, Nagarjuna Sagar – Srisailam wildlife sanctuary has been declared under Section 18 of the Wildlife (protection) Act 1972 (Central Act 53 of 1972) and notification have been approved vide G.O.Ms.No.485 F & RO (For.III) Dept. dt.5-7-1978.  The boundary of Sanctuary mark constructed on the western bank of Yemulapaya vagu.  Then it runs along the said vagu and the western boundary of Amrabad Reserve Forests of Achampet Division passing through village Lingal, Billakal, Banal etc., upto a point where the southern limits of the state high way from Hyderabad to Srisailam crosses the said reserve Forests line South-East of Rangapur (Village)  and then the line crosses up to the Foot-path from Amrabad to Bommanpally and the line runs along this foot-path in sourthernly direction and joins Amrabad village.

            As discussed above the Rasul Cheruvu tank which falls in the beat of Billakal of Achampet Range under NSTR sanctuary and as per orders of Central Govt. no activities either by the Department or by any other agency is permissible in the sanctuary area irrespective tribal or non-tribal and the request of fisherman co-operative society Kondanagula can not be considered as per the provision of wildlife protection act 1972.

            As such the requests of villagers of Billankal may not be considered.

            The Amendment of gazette notification issued by the Government of India are enclosed for kind perusal.

    Yours faithfully,        

Sd/-                
Divisional Forest Officer,
Wildlife Management,
Achampet.       
 
// t.o.b.o.//

       Superintendent.     
Administrative Officer.

Material Paper 2

Ref. No.2085/S4/2000,                                                Office of the Divl. Forest Officer,
Dated: 4-4-2001.                                                         Wildlife management, Achampet.

From                                                                            To
Sri. K.Prakasa Rao                                                      The Station House Officer,
Divisional Management                                     Balmoor.
Wildlife Management,
Achampet.

Sir,

Sub:-    Dispute between Chenchus and Non-Chenchus community of Billakal Village of Balmoor Mandal, Mahaboobnagar Dist., harvest of  Fish from Rasool Cheru Tank situated in R.F. area – Regarding.

* * *

            I am to inform you that, the Central Government have issued strict instruction to stop all illegal activities in sanctuary areas without knowledge the facts and without consulting with Forest Department the Project Officer, I.T.D.A. Srisailam given assistance of Rs.3,150/- to VTDA Billakal to release 20,000 fingerlings in Rasool Cheru, Resulting dispute arose between Chenchus and Bastas of Billakal Village.

            The Rasool Cheru Tank is situated under N.S.T.R. for which no permission can be granted for fishing etc.,

            It is requested to take necessary action with the help of Forest Officials and see that low and Order Problem in the Village Billakal may not arise and prolong.

            To-day I have sent Range Officer, Achampet along with staff to the spot.  About 40 persons from both groups were present at Rasool Cheru.  The Range Officer has explained that none of the parties have right for fishing in the tank and asked them to go away to their Villages.  All of them went away.  But is likely that the situation may turn tense at any moment.  Hence I request you to have a close watch over the situation and be in touch with the on phone.

   Yours faithfully,         

Divisional Forest Officer,
Wildlife Management,
Achampet.       

Copy to the Circle Inspector, Achampet with a request to take necessary action to solve the problems.

Copy submitted to the Dist. Superintendent of Police for favour of kind information. Administrative Officer, Collectorate, Mahaboobnagar.

Material Paper 3

Ref. No.2085/S$/2000,                                                Office of the Divl. Forest Officer,
Date: 4-4-2001.                                                           Wildlife Management, Achampet.

From:                                                                           To:
Sri. K.Prakasa Rao,                                                     The Project Officer,
Divisional Forest Officer,                                              I.T.D.A. (P.T.G. – Chenchu)
Wildlife Management,                                       Sundipenta.
Achampet.

Sir,

Sub:-    I.T.D.A. (PTG-Chenchu) Sundipenta – dispute between Chenchus and Non-Chenchu Community – Billakal (Vilg), Tank situated in R.F. area Clarification of R.F. Act towards Tribals in sanctuary area – Regarding.

Ref:-     1. Lr.No. FDO-CS/2000 dt. 22-11-2000 from Fisheries Development Officer, Chandranagar, together with Dist. Collector, Mahaboobnagar.  Ref.No.D2/7593/2000, dated: 16-11-2000 with a copy of A/o Fisherman Co-operative Society, Kondanagula Village, dated 14-11-2000.
            2. This Office Ref.No.2085/S4/2000, dt.27-11-2000.
            3. Your Lr. No.H/4008/2000, dt.3-4-2001.

* * *

            With regard to your reference last cited above, I am to state that, the Fisherman Co-operative Society, Kondanagula Village submitted Application to the Honourable M.L.A., Achampet and District Collector, Mahaboobnagar requesting to permit them for fishing in “Rasool Cheru” Tank which falls in the beat Billankal of Range Achampet.  n response to reference 1st cited necessary reply was given stating that, the above Tank falls under N.S.T.R.(Sanctuary) and as per order of Central Government no permission can be accorded for fishing in the sanctuary area and the request to fisherman Co-operative Society Kondanagula was not considered.

            Now you have stated vide your reference last cited above, that on request of beneficiaries I.T.D.A. has given financial assistance to purchase finger lings and to release them in the Rasool Cheru Existing in R.F. area available to Chenchus of Billakal Village of Balmoor (Mandal).  The action of Project Government. Before giving financial assistance to Chenchu beneficiaries the Project Tiger, Srisailam to a certain the Rule position of Sanctuary.  You have given assistance from your and to chenchus to release the fingerlings in Rasool Cheru Tank. Because of this the situation in the Village has turned tense and Law and Order has become problem in the Village and as well as in the Forest at Rasool Cheru Large no. of people from either group gathered at Rasool Cheru and they are likely to right at any moment and likely to occur even casualties.  The assistance given by you to the Chenchus for release of fingerling.  In Rasool cheru has brought the situation to the present stage.  Releasing fingerlings in Rusool Cheru and fishing in it is an offence as per provisions of W.L. protection Act, 1972.  No one has got right to catch fish in Rasul Cheru.  Hence you are request to issue suitable instructions to your beneficiaries in order to avoid further complication.

   Yours faithfully,         

Divisional Forest Officer,
 (WLM) Achampet.     

Copy submitted to the Conservator of Forests & Field Director, Project Tiger, Srisailam for favor of kind information and necessary action.

Material Paper 4

GOVERNMENT OF INDIA                           WILDLIFE REGIONAL OFFICE (SOUTHERN REGION)
MINISTRY OF ENVIRONMENT & FORESTS                                              C-2A, BHALAJI BHAVAN
                                                                                                                BESANT NAGAR, CHENNAI – 600 090
                                                                                                                   TELEPHONE & FAX :  4 9 1 6 7 4 7.

No: 12-24/WSR/01.                                                    Dated: 4/9/2001.

To:
PCCF & Chief Wildlife Warden, Karnataka,
Addl. PCCF & Chief Wildlife Warden, Andhra Pradesh,
Addl. PCCF & Chief Wildlife Warden, Tamil Nadu,
Chief Wildlife Warden, Kerala,
Chief Wildlife Warden, Andaman & Nicobar Islands,
Chief Wildlife Warden, Lakshdeep.

Sir,
            Sub:-    Amendments to the Schedule I and II of Wildlife Protection Act 1972.

            Please find it enclosed the photocopy of the Gazette of India (Extraordinary) dated 11th July 2001 which contain the amendments made to the Schedule I and II of the Wildlife (Protection) Act 1972 for your information and necessary action.

            Thanking you,

Yours faithfully,

(R.Hemanth Kumar),   
Regl. Dy. Director (WLP),
S.Region, Chennai.      

Enclose:
            Endt.No.2393/2001-WL3.       O/o the Prl. Chief Conservator of Forests
            Dated: 25-9-2001                                Andhra Pradesh, Hyderabad.

Communicated for information and necessary action.

Sd/- B.Varaprasad,     
for Prl. Chief Conservator Forest.

To
All Conservators of Forests (Territorial) & (Wildlife).
Copy to stock file.
Spare-1.

// t.o.b.o.//

Superintendent.

Material Paper 5

THE GAZETTE OF INDIA : EXTRAORDINARY [PART –II Sec.3]

MINISTRY OF ENVIRONMENT AND FORESTS
NOTIFICATION

New Delhi, the 11th July, 2001

            S.O.665(E) – In exercise of the powers conferred by sub-section(1) of section 61 of the Wild Life (Protection) Act, 1972 (53 of 1972), the Central Government, being of the opinion that it is expedient so to do, hereby makes the following further amendments in Schedule I and Schedule III of the said Act with effect from the date of publication of this notification in the Official Gazette, namely:-

1. In Schedule I to the said Act:-

(a).       In Part II A relating to “Fishes”, after entry 1, the following entries shall be inserted, namely:-
           
            “2. Shark and Ray (All Elasmobranchii).
              3. Black Coral (All Antipatharians).
              4. Giant Grouper (Epinephelus lanccolatus).”;

(b).       After Part IV, relating to Crustacea & Insects, the following parts shall be inserted, namely:-
           
“Part IV A – Coelenterates

1. Reef Building Coral (All Seleractinians).
2. Black Coral (All Antipatharians).
3. Organ Pipe Coral (Tubipora musica).
4. Fire Coral (All Millipora Species).
5. Sea Fan (All Gorgonians).

Part IV B – Mollusca

1. Charonia triotonis.
2. Lambis truncata.
3. Lambis chiragra.
4. Lambis chiragra authitica.
5. Lambis millepeda.
6. Lambis crocea.
7. Lambis scorpius.
8. Conus bengalensis.
9. Conus malne-edwardsi.
10. Conus nobilis.
11. Conus nobilis.
12. Conus geographus.
13. Conus marmoreus.
14. Cypraea lamacina.
15. Cypraea cribraria.
16. Cypraea tigris.
17. Cypraea mappa.
18. Cypraea talpa.
19. Cypraea carneola.
20. Cypraea mauritiana.
21. Cypraea onyx.
22. Cypraea argus.
23. Cypraea testudinaria.
24. Cypraea moneta.
25. Ovula ovum.
26. Volva volva.
27. Turbo marmopiatus.
28. Trochus moloticus.
29. Xancus pyrum.
30. Harpulina lapponica.
31. Harpulina arausiaca.
32. Tudicla spiralis.
33. Cypracasis rufa.
34. Cassis cornuta.
35. Murex palmorosae.
36. Murex haustellum.
37. Murex ramosus.
38. Strombus plicatus sibbaldi.
39. Strombus listeris
40. Fasciolaria trapazium.
41. Fusinus longicaudus.
42. Mitra mitra.
43. Mitra papalis.
44. Cymatium pileare.
45. Nautilus pompilius.
46. Tridaena maxima.
47. Tridaena squamosa.
48. Hippopus hippopus.
49. Piter erycina.
50. Pteria brevilata.

Administrative Officer,
Collectorate, Mahaboobnagar.

THE GAZETTE OF INDIA :  EXTRAORDINARY [PART II – Sec. 3(ii)]

51.Placenta placenta

52.Paphia ala-pepilionis.”.

Part IV C-Echinodermata

            Sea Cucumber (All Holothurians).

1. In Schedule III to the said Act, after entry 19 relating to Wild pig, the following entry shall be inserted, namely:-

“20. Sponges (all Calcareans)”.

[F.No.1-4/95/WL-1]
S.C. SHARMA, Addl. Director General of Forests (WL).

Note:- The entries in various Schedule of the Wildlife (Protection) Act, 1972 have been amended from time to time.  The last notification this regards was issued vide S.O.474 (E) dated the 29th May, 2001.

    Administrative Officer,         
Collectorate, Mahaboobnagar.

Telegram: PARYAVARAN,
                                                                                                                                      NEW DELHI.
                                                                                                                Telephone:
                                                                                                                E-Mail Address:

        GOVERNMENT OF INDIA                       
    MINISTRY OF ENVIRONMENT & FORESTS           
PARYAVARAN BHAVAN, C.G.O. COMPLEX,
    LODHI ROAD, NEW DELHI-110 003.         
Lr.No.1-2/2001/WL-1
Dated 10.5.2001.

Sub:-    Gazette notification regarding inclusion of Whale Shark (Rhincodon typus) in Schedule-I of the Wildlife (Protection) Act, 1972. – distribution regarding.

Copy of the Gazette notification No.1-2/2001 WL-1 dated 28.5.2001 published in Part II Section___ Sub-section (ii).  Extraordinary of the Gazette of India is enclosed herewith for international necessary section.

(DR. ANMOL KUMAR)
DY. INSPECTOR GENERAL.(WL).

Distribution:

1. President’s Secretariat/Vice President’s Secretariat.
2. Prime Minister’s Office, South Block, New Delhi.
3. Cabinet Secretary/Chief Wildlife wardens of all States/UTs.
4. Forests Secretary/Chief Wildlife wardens of all States/UTs.
5. Regional Dy. Directors (Wildlife preservation).  NR/SR/WR/ER.
6. Director ZSI/Director BSI/Director. CMFRI/Director. WIL.
7. PS to AIEF/PS to Secretary(E&F)TS to DGF/PS to Addl. DGP(WL).
8. All Sections and Divisions of Ministry of Environment and Forests.

____No.23081/2001/WL-3,                                        Office of Prl. Chief Conservator
Dated: 8.6.2001.                                                          of Forests, A.P., Hyderabad.

            Communicated.

Sd/- K.Varaprasad,                 
for Prl. Chief Conservator of Forests.

All the conservators of Forests (Wildlife) & (Territorial).
// t.o.b.o.//

SUPERINTENDENT.

Administrative Officer,
Collectorate, Mahaboobnagar.

GOVERNMENT OF ANDHRA PRADESH
FOREST DEPARTMENT

Rc.No.4215/2001/PTS,                                               O/o. the Conservator of Forests/
Dated: 7.7.2001.                                                          Field Director, P.T. Srisailam.

Sr. M.Prudhvi Raju, IPS.,
Conservator of Forests / Field Director.

..  ..  ..

            Copy communicated to all the Divisional Forest Officers in this Circle for information.

Sd/- M.Prudhvi Raju,              
Conservator of Forests / Filed Director,
     Project Tiger Circle, Srisailam.        

To
The Divl. Forest Officers Wildlife Management, Atmakur,
Markapur, Achampet, N.Sagar and Flying Squads Party,
Srisailam.

Copy to Asst. Conservator of Forests (Bio-Div.), Srisailam.

// t.o.b.o.//

Superintendent
   Administrative Officer,
      Collectorate, Mahaboobnagar.

(TO BE PUBLISHED IN PART II SECTION-3 SUB SECTION(ii), EXTRAORDINARY OF THE GAZETTE OF INDIA)

MINISTRY OF ENVIRONMENT AND FORESTS
WILDLIFE SECTION-1

NOTIFICATION

NEW DELHI, THE 28 MAY, 2001

No.......................... dated the 28, May, 2001 In exercise of the powers conferred by Sub-section (1) of section 61 of the Wildlife (Protection) Act, 1972 (53 of 1972), the Central Government, being of the opinion that it is expedient so to do, hereby makes the following addition to the Schedule of the said Act with immediate effect.

In Schedule 1 to the said Act

After Part II. the following shall be added, namely:-

“Part II A – Fishes

1. Whale shark (Rhincodon typus)”

[No.1-2/2001 WL1]                           
(P.H. KHWAJA)                                
JOINT SECRETARY TO THE GOVT. OF INDIA.

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD.
THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY, TWO THOUSAND AND TWO
PRESENT
THE HON’BLE MR.JUSTICE :   N.V.RAMANA

W.P. M.P. No. 4128 of 2002
in
W.P.No. 3357 of 2002

Between:

The Village Tribal Development Agency (VTDA) Billakal,
Balmur Mandal, Mahaboobnagar Dist
rep: by its President                                                                  Petitioner
                                                                        (Petitioner in W.P.No. 3357 of 2002
                                                                              on the file of the High Court)

And

1. The District Collector

Mahaboobnagar Dist, Mahaboobnagar

1. The Superintendent of Police, Mahaboobnagar  Respondents

(Respondents in –do–)

COUNSEL FOR PETITIONERS                                Mr. K.S. MURTHY

            Petition under Section 151 of CPC praying the High Court to direct the Respondents to take steps and give appropriate instructions to the Respondent No.2 to see that no non-tribal enters into the Rushula Cheruvu and its vicinity to fish, hunt etc. pending W.P.No. 3357 of 2002 on the file of the High Court.

The Court while directing issue of notice to the Respondents herein to show cause why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:
            “The respondents are directed to maintain status quo as on today in respect of the scheduled area in the Mahaboobnagar district”.

                                                                                    Sd/- CH.VENKATACHARYULU
                                                                                       ASSISTANT REGISTRAR

// TRUE COPY //
                                                                                    For ASSISTANT REGISTRAR

To

1. The District Collector, Mahaboobnagar district, Mahaboobnagar.
2. The Superintendent of Police, Mahaboobnagar.

(Addressees 1 & 2 by RPAD)

One CC to Mr. K.S.Murthy, Advocate(OPUC)

• One spare copy

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : : AT HYDERABAD

W.P. No.3357 of 2002.

Between:-

The Village Tribal Development Agency,
Billakal village, Balmur Mandal,
Mahaboobnagar Dist.,
repted by its President,
N.Krishnaiah                                                    ...                     PETITIONER

A N D

The District Collector,
Mahaboobnagar Dist.,
and 2 others.                                                    ...                     Respondents /
                                                                                                Proposed 3rd Respondent.

COUNTER AFFIDAVIT FILED BY THE
PROPOSED 3rd RESPONDENT
- - -

I, K.Laxmaiah, S/o. Pentaiah, aged about 52 years, Occ: Fisherman and President of Fishermen’s Co-operative Society, Kondagaula village, Balmoor Mandal, Mahaboobnagar Dist., having come down to Hyderabad, do hereby solemnly affirm and sincerely state on oath as follows:-

1. I am the president of the proposed 3rd respondent fishermen Co-operative Society and as such, I am well acquainted with the facts of the case.  After going through the contents of the affidavit filed by the petitioner and after understanding the contents thereof, I do hereby submit my counter as follows.

1. It is submitted that, the 3rd respondent society was established in the year 1974 vide Regd.No.4.1974 and society is consisting 300 fisherman as its members and the proposed 3rd respondent society is having its bi-laws.  The proposed 3rd respondent society has been given Rasool cheru along with other tanks for fishing rights and since the date of registration, the 3rd respondent society has been exercising its fishing rights over Rasool Cheruvu and others and the petitioner agency has no rights or claims whatsoever over the Rasool Cheruvu.  However, during the year 1994, the forest department has objected the 3rd respondent society from harvesting the fish in Rasool cheruvu solely on the ground that, the said cheruvu is situated under the forest area and however, on making representation, the forest department has considered the request of the 3rd respondent society and recommended to the Government to continue Rasool cheruvu with the 3rd respondent society, subject to exercing fishing rights over the said cheruvu without effecting the lives of wild animals in the forest and the said proposals were sent by the forest department to the Government vide letter dt.24-11-1994 and 25-01-1995 and the Hon’ble Minister for forest, Government of A.P., by letter dt. 16-7-1994 to consider the request of the 3rd respondent society to exercise its fishing rights over the Rasool cheruvu and since then, the 3rd respondent society has been paying lease amounts to the Government and loosing the fish seeds in Rasool cheruvu and harvesting the same without effecting the lives of the wild animals.

1. I further submit that, for the present year also the 3rd respondent society have dropped fish seed in the Rasool cheruvu by purchasing the fish seeds from M/s Durga Narayana Fish Breeding Centre, Garuvupalem of Guntur Dist., vide receipt dt.4-10-2001 and also transported the said seed vide Lorry bearing No. AP 02 8283 by paying necessary market fee to the Agricultural Market Committee, Kronuru and it is the time to harvest the said fish from Rasool Cheruvu. However, the petitioner without objecting for dropping the fish seed by the 3rd respondent society, filed the present writ petition and obtained statue quo order dt.21-02-2002 and preventing the 3rd respondent society from harvesting the fish from Rasool cheruvu which the 3rd respondent society have brought up with its own expenditure.  The petitioner has no right to stop the 3rd respondent society from harvesting the fish from Rasool cheruvu.

1. I further submit that, though the Rasool cheruvu comes within the area of forest and still as per the bi-laws of the society, the 3rd respondent society still having fishing rights over the said cheruvu unless and until the said cheruvu is duly transferred to tribal agency and so far no tribal agency has come forward to take lease of Rasool cheruvu and thereby, the said cheruvu is continued to be with the 3rd respondent society and therefore, the petitioner society merely making a representation to the commissioner of Tribunal welfare cannot prevent the 3rd respondent society from harvesting the fish from Rasool cheruvu.

1. It is absolutely false to state that, the petitioner alone have got rights over the fishing rights of Rasool cheruvu. In fact, unless and until the said cheruvu is deleted from the jurisdiction of the 3rd respondent society to give any other tribal agency, the 3rd respondent society shall have the right to fish in Rasool cheruvu, particularly when the forest department itself has recommended to the Government to continue the fishing rights of the 3rd respondent society over the Rasool cheruvu.

1. I further submit that, as far as the present year is concerned, the 3rd respondent society itself have dropped the fish in Rasool cheruvu by spending huge amounts and reared them and therefore, the petitioners shall have no right to prevent the 3rd respondent society from harvesting the fish and therefore, the interim status quo order is liable to be vacated.  Otherwise, the 3rd respondent society will be suffered and put to great hardship.

1. I further submit that, the petitioner having knowledge that, the 3rd respondent society is itself have dropped the fish seed in the Rasool cheruvu for the present season and it is the time for harvest of the fish.  But the petitioner with ill-motive without impleading the fishermens co-operative society, Kondanagula, have fil3ed the present writ petition and obtained status quo order from this Hon’ble Court beyond back of the proposed 3rd respondent society and therefore, the 3rd respondent society and there is necessary and proper party to the above Writ Petition and accordingly, the 3rd respondent society in the above Writ Petition so and to enable the 3rd respondent society to get vacate the interim order.

It is therefore, prayed the Hon’ble Court may be pleased, to impleade the M/s Fuishermens Co-operative Society, Kondanagula, as 3rd respondent in W.P.No.3357/2001.

      it is also just and necessary to vacate the status quo order dt.21-2-2002 passed in W.P.M.P.No.4125/2002 in W.P.No.3357/2001 on the file of the Hon’ble Court, pending disposal of main Writ petition.

It is therefore, prayed the Hon’ble Court may be pleased, to dismiss the W.P.No.3357/2001 with costs.

Sworned and signed before me
on the 16th day of March,                                                               D E P O N E N T
2002.

Advocates/Hyderabad.

High Court Order

THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU
W.P.No.3357 of 2002
Date: 01.10.2007

Between:
The Village Tribal Development
Agency (VTDA) Billakal
Rep. By its President
N.Krishnaiah.                                                    …  Petitioner
                                And
1. The District Collector,
    Mahaboobnagar Dist.,      
     and others.   

List of All parties                                                … Respondents

THE HON’BLE SRI JUSTICE C.Y.SOMAYAJULU
W.P.No.3357 of 2002

O R D E R:
          1. The Village Tribal Development Agency of Billakal of Balmur Mandal filed this writ petition questioning the alleged inaction on the part of the Collector, Mahaboobnagar District and the Superintendent of Police, Mahaboobnagar District in protecting the interests of the tribal community over the Rushula Cheruvu near Billakal.

2. The case of the petitioner is that the Rushula Cheruvu is situated within a tribal area and that non-tribals are trying to catch fish in that tank and are preventing tribals from catching fish and thereby, interfering with their fishing rights in the rushula Cheruvu.  Subsequently petitioner filed W.P.MP.No.13652 of 2002 to impaled the Principal Secretary, Forest Department and the Commissioner, Tribal Welfare as parties to the writ petition and added as respondents 3 and 4 in the writ petition.  Thereafter, fifth respondent filed W.P.MP.No.6392 of 2002 to be brought on record as one of the respondents and that petitioner also was allowed on 21.10.2002.
3. First respondent (Collector) filed his counter-affidavit, on behalf of respondents 1 and 2, inter alia contending that Billakal village falls under the beat of Amrabad block of Achampet Reserve Forest within the Nagarjuna Sagar Tiger Reserve Sanctuary, fishing in Rushula Cheruvu is prohibited, and so neither tribals nor non-tribals are allowed to fish in the Rushula Cheruvu, and in fact the Project Officer, ITDA, Sundipenta had accorded advance sanction of Rs.2750/- towards the cost of finger lings and Rs.400/- towards costs transportation, to the petitioner for their taking up of pisciculture, but as the Divisional Forest Officer, Wild Life, Achampet, informed him that Rushula Cheruvu falls under the Nagarjuna Sagar Tiger Reserve Sanctuary, and as such fishing in it by anybody is an offence as per the provisions of the Wild Life Protection Act, 1972, the Project Officer, ITDA, Sundipenta through his letter No.H/4008/2000 informed the writ petitioner that they do not have right to catch the fish in the Rushula Cheruvu, and violation thereof would be punishable under the Wild Life Protection Act, 1972.  So instructions were issued to the Deputy Superintendent of Police, and the Revenue Divisional Officer, Nagarkurnool to see that no non-tribal should enter into Rushula Cheruvu and its vicinity for rearing ad picking of fish, as adding chemicals and putting traps around the bank and killing the wild life is an offence.  Inasmuch as all the rights and privileges of the tribals are being protected, petitioner is not entitled to any relief.

4. No counter-affidavit is filed by any of respondents 3 and 4.  But a counter-affidavit was filed on behalf of the 6th respondent (wrongly typed as 3rd respondent in the heading) inter alia alleging that the said society which was established in 1974 has been exercising fishing rights over Rushula Cheruvu and other tanks and that the petitioner has no right or claim over the Rushula Cheruvu.  During the year 1994, when the officials of the Forest Department objected to its members harvesting the fish in Rushula Cheruvu, on the ground that it is situated in forest area, on a representation made by the 6th respondent, Forest Department recommended to the Government to continue Rushula Cheruvu with the 6th respondent and therefore it is exercising fishing right therein without affecting the lives of wild animals.  After it dropped fish seed purchased from private agency in the Rushula Cheruvu, petitioner after obtaining orders of status quo is preventing it from harvesting the fish in Rushula Cheruvu,.  Inasmuch as 6th respondent has fishing rights over the said Cheruvu petitioner is not entitled to any relief.

5. It is well known that right of fishing can be acquired by a grant or easement, and so it would amount to a right in immovable property.  So in view of Regulation 3 of A.P.(Schedule Areas) Land Transfer Regulation, 1959 transfer of any right in immovable property in a tribal area to a non-tribal, is void and so question of any non-tribals fishing in Rushula Cheruvu, does not arise.

6. In para 7 of the counter-affidavit of the first respondent he stated the Divisional Forest Officer, Wild Life Manager, Achampet, Dy.Superintendent of Police and Revenue Divisional Officer, Nagar Kurnool were addressed to see that no non-tribal enters into Rushula Cheruvu and its vicinity for rearing and picking fish or adding chemical therein or for putting up traps and killing wild life.  So it cannot be said that first respondent is not taking any action in preventing non-tribals enters into or fishing in Rushula Cheruvu.

7. In para 5 of this counter-affidavit fifth respondent stated that inasmuch as fishing in Rushula Cheruvu is prohibited as it is in the Wild Life Sanctuary he sought a clarification from the Government and the request made by the petitioner to fish therein.  As Rushula Cheruvu is in Wild Life Sanctuary petitioner can have no right to fish in the Rushula Cheruvu.  From the averments in the affidavit filed in support of the grievance of the petitioner seems to be permitting third persons to fish in Rushula Cheruvu.  Since the counter-affidavit of the first respondent shows that nobody is allowed to fish in the Rushula Cheruvu, it is clear that respondents 1 and 2 are taking all the steps necessary to protect the area in the Wild Life Sanctuary.

8. Till the Government issues a clarification on the letter addressed by the first respondent relating to permitting Tribals to fish in Rushula Cheruvu, which is situated in a Wild Life Sanctuary, the right of petitioner to fish in that tank is doubtful.  So no relief can be granted to the petitioner in this petition.

9. Hence, the writ petition is dismissed.  No costs.

C.Y.SOMAYAJULU, J.
1st October, 2007.
PNV – list of parties

Proceedings of Asst. Director of Fisheries, Mahaboobnagar district forming the co-operative.

Proceedings of the asst. Director of fisheries/ ex-officio deputy registrar of co.op. Societies of fisheries, Mahaboobnagar.

Procd.No. 359/E/2007,                                                    Dated: 12.06.2008.

         Sub:-  FISHERIES – Registration of Scheduled Tribals (Chenchu) Fishermen Co. operative Society, Billakal Village of Balmoor Mandal of Mahabubnagar District – Orders – issued
        
         Ref:-  Commissioner of Fisheries Andhra Pradesh, Hyderabad Memo.No.2808/12/2008, Dt.13-05.2008.

$$$$$$

ORDER:
    
By virtue of powers vested in me under section 7 of the Andhra Pradesh Co-operative societies Act VII of 1964 (as amended with Act No.21 of 1985) amended to Andhra Pradesh Co-operative Societies Rules 1964 as per G.O.Ms.No.37 Agriculture and Co-operative – IV dated 28.01.2002. I do hereby register Schedule Tribal (Chenchu) Fishermen Co-operative Society at Billakal Village of Balmoor Mandal Mahabubnagar District with it Bye-Laws with Registered No.H-453

The Fisheries Development Officer, Chandrasagar is to send the following information, (1) Date of Starting (2) Number of members of the date of starting (3)paid up Share Capital and receipt of payment till the date of starting. The society is eligible for fishing rights after expiry of the lease period.

          He/She is also requested to see that the society should maintain the following books of accounts (1) Cash Book (2) Minutes Book (3) Admission Register (4) Shares Register and other registers as require in the society. Registration Certificate is enclosed to these proceedings.

          The-Adhoc Committee as proposed by the members or Schedule Tribal (Chenchu) Fishermen Cooperative Society, Billakal Village of Balmoor Mandal is approved. The term of Adhoc Committee will be one year from the date of registration or the date of conduct of elections, which ever is earlier. The members of Adhoc Committee are as detailed below:

1. Sri NImmala Edanna S/o. Anthaiah
2. Sri Nimmala Krishnaiah S/o. Muthaiah
3. Sri Katraju Mutyalu S/o. Lingaiah
4. Smt Balmoori Lingamma W/o. Ramulu
5. Sri Udthanori Narshimha S/o. Veeraiah
6. Smt Udthanori Anitha W/o. Kashanna
7. Sri Katraju Narayana S/o. Peddaiah
8. Sri Katraju Tirpathaiah S/o. Kashanna
9. Smt Katraju Alvelamma W/o. Lingaiah

   Asst. Director of Fisheries/Ex-Officio
     Dy. Registrar of Co-op., Societies (Fisheries),
Mahaboobnagar.

To:
Sri Nimmala Edanna S/o. Anthaiah,
Chief Promoter (President)  Schedule Tribal (Chenchu)
Fishermen Cooperative Society,
Billakal Village of Balmoor Mandal of Mahaboobnagar

District along with registration certificate and Register Bye-Laws of the Society.
Copy to Fisheries Development Officer, Chandrasagar.
Copy to Dist. Cooperative Audit Officer, Mahabubnagar.
Copy to Dist. Co.op., Officer, Mahabubnagar.
Copy to Surpanch, Billakal (V) of Balmoor(M).
Copy to Tahsildar, Balmoor.
Copy to Village Revenue Officer, Billakal (V), Balmoor(M).
Copy submitted to the Commissioner of Fisheries, Andhra Pradesh, Hyderabad for information.

OFFICE OF THE ASST. DIRECTOR OF FISHERIES, MAHABUBNAGAR
PRESENT: - SRI D. VENUGOPAL, M.Sc.,

No.359/E/2007.                                                               Date: 12-06-2008.

REGISTRATION CERTIFICATE

(Issue under section 8 of the Andhra Pradesh cooperative societies act 7 of 1964)

$$$$$$
By virtue of powers confirmed under section 7 of the Andhra Pradesh Co-operative Societies Act VII of 1964 (as amend with Act No.21 of 1985) amended to Andhra Pradesh Cooperative Societies Rules 1964 in G.O.Ms.No.37, Agriculture and Cooperative (coop.IV), Dated 28tha January, 2002.

I do hereby register Schedule Tribal (Chenchu) Fishermen Cooperative Society, Billakal Village of Balmoor Mandal of Mahabubnagar District with Registration No.453.

The Head quarters of the Society shall be at Billakal Village of Balmoor Mandal Mahaboobnagar District.

(Give under my hand seal this date 12th june 2008).

      Asst. Director of Fisheries/Ex-Officio
Dy. Registrar of Co-op., Societies (Fisheries),
          Mahaboobnagar.

Government of andhra pradesh
tahsil office :: Lingal
No. C/4018/2010                                                                              Dat: 25-10-2010

From                                                                                     To
Sri D.A.Gandhi, B.Sc                                                          The District Collector,
Tahsildar,                                                                              Mahabubnagar
Lingal
Sir,     
            Sub:-       ITDA/PTG - Yerra Penta, Lingal Mandal- Issue of Licenses to                        the Chenchu families residing at Yerra Penta and near by                                 Pentas-Requested -Reg.
         Ref:-           1) R/o Sri B. Bayyanna and other Chenchu families.
                            2) PO, ITDA/PTG (Chenchu), SSP, Kurnool Lr. No. D/495/2010,
                                 Dated : 14-6-2010.     
                                                ***
I Submit that one B.Bayyanna and huge gathering of the Chenchu families have took placed in the office and submited a representation and through the reference cited, Project Officer, ITDA/PTG (Chenchu), Srisailam Project, Kurnool Dist, has also requested to issue Licenses to Chenchu Families to catch Fishes as B.C. Telugu Fishermen's Community are obstructing by attacking.
In this regard I Submit that, I have enquired in the matter and it is to submit that the Chenchu families are residing in the Forest Area and are leading their lively hood only on sources available in the forest including catching fishes etc. The source is leads to stop migration and there are (1) Chinna Rayuni Cheruvi, (2) Papi Cheruvu, (3) Erla Cheruvu and (4) Karla Kunta are existing in the forest area comes under Chennampally Gram Panchayath, Lingal Mandal. the Chenchus are residing in the forest are depended  on available sources for their lively hocd provide works such a repair restoration and other minor work to the irrigation source.
I therfore request kindly arrange to issue Licenses to the Chenchu families residing in the forest area to catch fishes for sale and for food (eating) purpose. So, that the clashes occuring between Chenchu families and B.C. Telugu Fishermen's will be end (is better solution)                  
                                                                                                        Your faithfully
                                                                                                               Tahsilda
                                                                                                             Lingal
Copy submitted to the Revenue Divisional Officer, Nagarkurnool for favour of information and necessary action.
Copy to submitted to the Project Officer, ITDA/PTG (Chenchu), Srisailam Project, Kurnool Dist.
Copy to the A.D., Fisheries, Achampet/ Mahabubnagar for information and necessary action.

Government of andhra pradesh
tribal welfare department
 integrated tribal development  agency (PTG-Chenchu)
***

From                                                                                     To
Sri K. Aloke Kumar, M.Sc                                             The Assistant Director of Fisheries,
Project Officer,                                                                     Mahabubnagar
ITDA/PTG (Chenchu)
Srisailam Project,
Kurnool Distric.
Lr. Rc. No. D/A3/4100/10, Dated : 27-10-2010
Sir,     
            Sub:-       ITDA/PTG (Chenchu), Srisailam Project - Requested for allotment               of Pothapuram Tank to chenchus of Srirangapuram, Lingal Mandal,                    M.Nagar District to raising the fish seed and collection of Kaluva                                  dumpalu/Deva           Dumpalu for eating purpose - Reg.

           Ref:-         1) Lr. Rc. No.J/1354/2010, Dt: 28.9.2010 of Revenue Divisional                                                           offier, Nagarkurnool, Mahabubnagar District.
***
In the reference cited above, the Revenue Divisional offier, Nagarkurnool, Mahabubnagar District has stated that Santhosha Chenchu Grama Ikhya Sangham and VTDA Srirangapur village of Lingal Mandal, are living since 40 years in the village and they are having ayacut under the pothapuram tank. They are requested to give permission to raise the fish sheed in the said tank for chenchu families of srirangapur village.
At present Telugu people belongs to (BC Caste) are using the tank for fisheries development programme and they have not allowed chenchus to bring the fish and  not allowing chenchus even to collect Kaluva and deva Dempalu for their food purpose.
The Revenue Devisional Officer, Nagarkurnool, has already requested to Assistant Director of Fisheries, M.Nagar to give permission to chenchus of Sri Rangapuram to raise fish seed and collection of Kaluva and Deva Dumpalu for their food source.
Hence I request you to give premission to chenchus of Sri Rangapuram for adoption of fish seed and collection of Kaluva and Deva Dumpalu for their food source.
                                                                                           
                                                                                                        Your faithfully
                                                                                                                  
                                                                                                                  
                                                                                                 Project Officer
Copy submitted to the Collector & District Magistrate, M.Nagar for favour of kind information.
Copy to Santhosha Chenchu Grama Ikhya Sangham, Sri rangapur, Lingal Mandal