THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.27728 of 2007 ORDER: This Writ Petition is filed with the relief, which reads as under: “For all the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in not transferring the 50% share out of the income received out of the auction of operational rights of ferry in between Biyyaputhippa and Antharvedipalem Grampanchayat in favour of the Biyyaputhippa Grampanchayat as per the Sec. 57(4) of A.P. Panchayat Raj Act and Memo No. 10233/MDL/1/A2/2000 dt. 12.10.2001 as illegal, arbitrary and consequently direct the respondents to pay the said share with arrears and continue to pay the same.” Petitioner claims that she is the Sarpanch of Biyyaputhippa Village, Narsapuram Mandal, West Godavari District. Biyyaputhippa Gram Panchayat is situated on the western bank of River Vashishta Godavari at Narsapur Mandal, West Godavari District. The seventh respondent – Antharvedipalem Gram Panchayat is situated on the eastern bank of River Vashishta Godavari at Sakinetipalli Mandal, East Godavari District. There is a ferry being operated across Godavari River between Biyyaputhippa and Antharvedipalem Villages. It is the grievance of the petitioner that though the income, which they derive from auctioning the ferry point, is to be shared between the two Gram Panchayats, the seventh respondent Gram Panchayat is appropriating the entire sale proceeds to it without sharing the revenues to Biyyaputhippa Gram Panchayat. This Writ Petition is filed by impleading the Chief Executive Officers of Zilla Parishads of East and West Godavari Districts, as fourth and fifth respondents, respectively. In the counter-affidavit filed by the fourth respondent – Chief Executive Officer, Zilla Parishad, Kakinada, East Godavari District, it is stated that it is not a recognized ferry and auction is not being held by the Mandal Parishad or the Zilla Parishad. Whereas in the counter- affidavit filed by the fifth respondent – Chief Executive Officer, Zilla Parishad, West Godavari District, Eluru, while supporting the case of the petitioner, it is stated that as per the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the Rules issued in G.O.Ms.No.87, dated 13.03.2000, income so derived with regard to ferry points is to be shared with the local bodies. In the counter-affidavit filed by the first respondent – Secretary, Panchayat Raj Department, Secretariat, Hyderabad, it is stated that the averments made by the fourth and fifth respondents are contradictory and the same are being examined in detail. During the course of hearing, the learned Government Pleader for Panchayat Raj produced before this Court a copy of G.O.Ms.No.22, dated 13.01.1999, issued by the Government, recognizing some ferry points in Srikakulam, Visakhapatnam, East Godavari, West Godavari, Guntur and Khammam Districts. From a perusal of the provisions under the Andhra Pradesh Panchayat Raj Act and the Rules made there under, it appears, there is no distinction between recognized ferry and unrecognized ferry for the purpose of auctioning. In the instant case, undisputedly, the ferry point is in between the two Gram Panchayats, which are situated in the banks of River Godavari, one on eastern side and the other on western side. Further, on the one hand, the fifth respondent supports the case of the petitioner and on the other hand, the fourth respondent pleads that the ferry in question is not a recognized one as such the petitioner is not entitled to any share in the auction proceedings. As much as there is a contrary stand taken by the fourth and fifth respondents and as it is stated in the counter-affidavit filed by the first respondent that the matter is under examination, I deem it appropriate to permit the petitioner to submit a representation to the first respondent by giving details of the claim, within a period of eight (8) weeks from the date of receipt of a copy of this order. On filing such representation within the aforesaid period, I am sure, the first respondent shall issue notice and opportunity to Biyyaputhippa and Antharvedipalem Gram Panchayats, examine whether the Gram Panchayat, Biyyaputhippa is entitled to a share in the revenue being collected by auctioning the ferry point and issue appropriate directions in the matter with reference to the provisions under the Andhra Pradesh Panchayat Raj Act, 1994 and the Rules made there under, as expeditiously as possible, preferably, within a period of three (3) months thereafter. Subject to the above observations, the Writ Petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 5th SEPTEMBER, 2011. kvni