HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.9970 OF 2010 ORDER: The petitioner, the Gram Panchayat, Udithyal, Balanagar Mandal, Mahabubnagar District, assails the proceedings dated 10.09.2009 and 01.12.2009 issued by the officers of the Fisheries Department of the State with regard to leasing of fishing rights in respect of “Thimmaraini Cheruvu” which falls within its control. As per the impugned proceedings, the petitioner/Gram Panchayat was directed to withdraw its proposal to hold an open auction of the leasehold fishing rights over the subject tank and to grant the same to the Fishermen Cooperative Society, Udithyal, the fifth respondent herein. It is not in dispute that the leasing of fishing rights in minor irrigation tanks vesting in the Gram Panchayats is governed by the Rules framed by the Government in G.O.Ms.No.343, Panchayat Raj, dated 10.04.1978. As per Rule 3 of the said Rules, the Gram Panchayat shall lease out the rights of fishing in minor irrigation tanks and other tanks vested in it without public auction to the Fishermen Cooperative Society of the local area. It is only if such a society does not communicate its acceptance for such leasing of fishing rights that the executive authority of the Gram Panchayat is empowered to lease out such rights by public auction, taking into account the upset price fixed by the Divisional Panchayat Officer (Rule 4(a) of the said Rules). In the present case, the material placed on record by the respondent-authorities reflects that the Divisional Panchayat Officer, Mahabubnagar District, has already fixed the upset price with regard to the subject tank under his proceedings dated 03.05.2010. The upset price for the year 2010-2011 was thereby fixed at Rs.3,600/-. In that view of the matter, without going into the issue as to whether the Fisheries Department of the State had any role to play in the matter, and as the petitioner/Gram Panchayat is bound to follow the rules framed in G.O.Ms.No.343, Panchayat Raj, dated 10.04.1978, the Writ Petition is disposed of permitting the petitioner/Gram Panchayat to grant the lease of fishing rights over the subject tank to the fifth respondent, the Fishermen Cooperative Society, Udithyal, in accordance with the due procedure laid down in the Rules. Needless to state, the delay on the part of the petitioner/Gram Panchayat is in fact damaging to its own interest as it would be denied the income from the grant of such leasehold fishing rights. In the circumstances, there shall be no order as to costs. SANJAY KUMAR, J. Date:06.04.2011 Usd