THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8385 of 2002 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in interfering with the fishery rights of the petitioners in respect of Sogadaballa Pedda Cheruvu and Sogadaballa Chinna Cheruvu, within the limits of Chenguballa Gram Panchayat, Santhipuram mandal, Chittoor district and Venkatepalli Cheruvu within the limits of Kannemakulapalli Gram Panchayat, Santhipuram mandal, Chittoor district and trying to auction the fishery rights of all the said three tanks as arbitrary and illegal and contrary to the Orders passed by this Court in W.P.No.6577 of 1997 dated 7.2.2001. According to the petitioners, their ancestors were conferred with fishery patta (rights) in respect of Sogadaballa Pedda Cheruvu, Sogadaballa Chinna Cheruvu and Venkatepalli Cheruvu as per Section 20 of A.P. Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short ‘the Act’) by original Inamdars Ramachandra Reddy and K.J.Srinivasulu Naidu under Saswatha Patta in the year 1943 and after their lifetime, petitioners have been enjoying the fishery rights of the said tanks uninterruptedly. It is the case of the petitioners that as the fishery rights were conveyed under Saswatha Patta prior to 1.7.1945, which is the notified date under the Act, by virtue of Section 20 of the said Act, they have enforceable right against the Government. While that being so, in the year 1982, the then Tahsildar, Kuppam, by mistake included the said tanks in the list of Minor Irrigation for the purpose of enabling the auctioning of fishery rights by the Gram Panchayats. When it was brought to the notice that petitioners have been enjoying the fishery rights in respect of the above tanks under Saswatha patta, the Tahsildar, Kuppam issued proceedings in L.Dis.No. 197/82 dated 23.1.1982 clarifying that as the fishery rights were granted by way of Saswatha pattas prior to 1.7.1945, the same were protected under Section 20 of the Act and the Gram Panchayats concerned have no right to auction fishery rights in respect of the said tanks. Further, in the year 1997, when the then Sarpanch of Chenugballa Gram Panchayat started interfering with the fishery rights of the petitioners in respect of Sogadaballa Pedda Cheruvu and Sogadaballa Chinna Cheruvu, petitioners filed W.P.No.6577 of 1997 before this Court and this Court, while disposing of the said writ petition on 7.2.2001, directed the petitioners to approach the District Collector, Chittoor by way of an application seeking fishery rights over the said tanks as per Section 20 of the Act and further directed that upon filing such application, the District Collector, should cause an enquiry, inspect the relevant record, including the material supplied by petitioners, hear the Gram Panchayat and pass appropriate orders within a period of three months thereafter and till such time, ordered to maintain statusquo with regard to fishery rights. Thereafter, as per the above orders, petitioners filed application before the District Collector and the same is pending. While the matter stood thus, the Presidents of Water Users Association of the above three tanks, started claiming fishery rights in respect of the above three tanks. According to the petitioners, all the three minor irrigation tanks were not vested with the concerned Gram Panchayats and they are continued to be maintained by the Government, therefore, the Gram Panchayats concerned have no fishery rights over the said three tanks. Even otherwise, petitioners were not issued with any notice or were given any opportunity. It appears, the Special Officer, Pilot Project, Kuppam has recommended to the District Collector that 9th respondent may be allowed to catch the fish in the tanks. Furthermore, respondents 7 and 8 are also asserting fishery rights in the above tanks. Hence this writ petition. A detailed counter affidavit has been filed by the respondents denying the allegations made by the petitioner stating that petitioners were not acquired with any rights from their original inamdars. On the advent of Panchayat Raj system, all these tanks vests with the Gram Panchayats and the Gram Panchayats concerned (Irrigation Department) have a right to catch the fish in the said tanks. Be that as it may, the learned counsel for petitioner states that the District Collector has no authority under Section 20(I) of the Act and it is only the Government, which can take an appropriate decision in the matter. Section 20 (I) of the Act reads as under: “In cases not governed by Sections 18 and 19, where before the notified date, a landholder has created any right in any land (whether by way of lease or otherwise) including rights in any forest, mines or minerals, quarries, fisheries or ferries, the transaction shall be deemed to be valid; and all rights and obligations arising thereunder, on or after the notified date shall be enforceable by or against the Government. Provided that the transaction was not void or illegal under any law in force at the time; Provided further that any such right created on or after the 1st day of July 1945, shall not be enforceable against the Government, unless it was created for a period not exceeding one year; Provided also that where such right was created for a period exceeding one year, unless it relates to the private land of the landholder within the meaning of section 3, clause 10 of the Estates Land Act, the Government may, if in their opinion, it is in the public interest to do so, by notice given to the person concerned, terminate the right with effect from such date as may be specified in the notice not being earlier than three months from the date thereof”. In view of the above, I am of the opinion that the order passed in Writ Petition No.6577 of 1997 dated 7.2.2001 may not work out in view of jurisdiction aspect. Under those circumstances, without expressing any opinion on merits, the petitioners are directed to file a fresh representation before the Government within a period of two months from the date of receipt of this order and on filing such representation, the Government shall entertain the same and pass appropriate orders, after causing a detailed enquiry into the matter and examine the records relating to pattas purported to have been granted to the petitioners as to fishing rights of the tanks viz. Sogadaballa Pedda Cheruvu and Sogadaballa Chinna Cheruvu, within the limits of Chenguballa Gram Panchayat, Santhipuram mandal, Chittoor district and Venkatepalli Cheruvu within the limits of Kannemakulapalli Gram Panchayat, Santhipuram mandal, Chittoor district and complete the exercise within a period of three months thereafter. Till such decision is taken, the rights of the petitioners shall not be disturbed. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 13.7.2009 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8385 of 2002 13.7.2009