IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22678 of 2007 Between: M.Girirajulu S/o.Nagaiah R/o.Gurajada, Pamidimukkala Mandal Krishna District ..... PETITIONER AND 1 The District Panchayat officer, Krishna District Machilipatnam 2 The Gurajada Grampanchayath,Pamidimukkala Mandal Krishna District rep.by its Panchayath secretary 3 The District Collector, Krishna District, Machilipatnam 4 The K.C.P.Corporation Ltd., Vuyyuru , Krishna District rep.by its General manager .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to pass orders particularly one in thenature of mandamus declaring the inaction on the part of the respondents in not considering the request of the petitioner to extend the lease period of the and restoring to put the ﬁshing rights of 3 tanks belonging to the 2nd respondent for auction as arbitrary, illegal, violative of ARt.14 and 21 of the Constitution of India and the principles of natural justice and consequently set aside theauction notiﬁcation (tom tom) and direct the respondents to extent the lease period commensurate with the loss caused to the petitioner and grant such other relief as may be deemed just and proper in the circumstances of the case. Counsel for the Petitioner:MR.KASAJAGANMOHAN REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 22678 of 2007 ORDER: The Gram Panchayat, Vuyyuru, had certain tanks under its jurisdiction. The rights for undertaking aquaculture in those tanks were put to auction in the year 2004, for a period of three years. The petitioner emerged as the highest bidder, by oﬀering Rs.20,000/- per year. Accordingly, the petitioner was awarded the lease up to 30.06.2007. The conditions of lease were also incorporated. After the expiry of the lease, respondents 1 to 3 intended to conduct auction of the leasehold rights. The petitioner assails the said action of respondents 1 to 3. The petitioner urges that the lease commenced actually on 14.10.2005 and he is entitled to remain in possession of the tank for one more year. It is also urged that he sustained heavy losses on account of the pollution, due to the leakage of eﬄuents from the Factory of the 4th respondent. Reference is made to various proceedings, that were issued by the A.P. Pollution Control Board and the District Collector. The 2nd respondent ﬁled a counter aﬃdavit, opposing the claim of the petitioner. According to it, once the lease period had expired, the petitioner has no right to continue in the possession of the tank. Heard the learned counsel for the petitioner and the learned counsel for respondents. Though the petitioner makes an eﬀort to convince this Court that the lease commenced on 14.10.2005, the record clearly discloses that it commenced in the year 2004 itself. The petitioner is also a signatory to the proceedings, that were initiated, immediately after conducting the auction. It was clearly mentioned that the said proceedings would conclude by 30.06.2007. Therefore, the petitioner cannot be permitted to remain in possession of the tank beyond that period. If the petitioner has sustained any loss, on account of the pollution, due to leakage of eﬄuents from the 4th respondent, he has to work out his remedies in accordance with law. The lease cannot be extended on account of that factor, nor can the right of the Gram Panchayat, to put the lease hold rights to auction, be scuttled. Therefore, the writ petition is disposed of, leaving it open to the petitioner, to work out his remedies in accordance with law, in case, he has sustained any loss, due to any external factors. The petitioner is granted two (2) weeks’ time from today, to harvest the ﬁshes, if any, in the tank. There shall be no order as to costs. _________ 11.09.2008 Note: Issue operative portion of the order by wire at party’s costs. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO: 22678 of 2007 Date: 11.09.2008 JSU