HON’BLE MR.JUSTICE R. SUBHASH REDDY Writ Petition No.12862 of 2009 Date: December 8, 2011 Between: Dwarampudi Samba Krishna Reddy and another … Petitioners And The Government of A.P., rep. by District Collector, West Godavari District at Eluru and others … Respondents Order: This writ petition is filed seeking mandamus declaring the action of the 3rd respondent-Gram Panchcyat in conducting auction of lease hold rights to exploit fish in Yellareddy Tank covered by Sy.No.784/1 of Penumantra village, West Godavari District, by issuing notification for a period of three years, as illegal and arbitrary. The 1st petitioner claims to be the owner of the land admeasuring Ac.1.08 cents covered by Sy.No.784/1 of Penumantra village, in which there is a tank called ‘Yellareddy Tank’ and the 2nd petitioner claims to be a small farmer. It is their grievance that when the 3rd respondent issued auction notice and conducted auction to lease out fishing rights, they made a representation objecting the same, but auction was conducted and confirmed in favour of the 6th respondent for a sum of Rs.2,06,000/-. Respondents have filed counter-affidavit. From the counter-affidavit, it is clear that one Mr. Datla Viswanatharaju and another have filed suit in O.S.No.350 of 2009 on the file of the Principal Junior Civil Judge, Tanuku, for declaration of the auction of lease hold rights to exploit fish in Yellareddy Tank as unlawful and obtained interim orders vide I.A.No.1018 of 2009, which was subsequently made absolute. In view of filing of the aforementioned civil suit, if the petitioners are aggrieved, they can as well seek impleadment in the said suit, but when the matter is pending before the civil court, no relief, as sought, can be granted in this writ petition. Writ petition is therefore closed, reserving liberty to the petitioners to approach the competent civil court for redressal of their grievance. ______________________ (R. SUBHASH REDDY, J) December 8, 2011 MRR