IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.12043 of 2007 AND Writ Petition No.13166 of 2007 WRIT PETITION NO : 12043 of 2007 Between: Sri Mahalakshmi Harijan Fishermen Co-op Society Ltd., E-45, Meduru Village, Pamidimukkala mandal, Krishna District repby its President Sri Kondaveeti Gandhi. ..... PETITIONER AND 1 The Sarpanch, Kapileswarapuram Gram Panchayat, Pamidimukkala Mandal, KrishnaDistrict. 2 The Divisional Panchayat Officer, Nuzvid, Krishna District. 3 The State of A.P., rep by its Principal Secretary, Fisheries Department, Secretariat buildings, Hyderabad. 4 The Assistant Director of Fisheries & Ex-Officio of Deputy Registrar of Fishermen Co-operative Societies Vijayawada, krishna District .....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 call for the connected records from the fitst respondent and issuean appropriate Writ, order or direction preferably inthe nature of writ of Mandamus declringthat the Resolution No. 28, dt 31-3-2007 of the first Respondent to lease out its water sources by Public auction is illegal and without Jurisdiction and to directthe first respondnet to lease out its water sources tot he petitioner societyas per the Rules in G.O.Ms. NO. 343, Panchayat Raj Department dt 10-4-1978 and pass such other order or orders as this Hon'ble Court may deem fita nd proper inthe circumstancesof the case. Counsel for the Petitioner:MR.K.RANGA RAO Counsel for the Respondent No.1: GP FOR GRAM PANCHAYAT Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ Counsel for the Respondent Nos.3 and 4: GP FOR FISHERIES WRIT PETITION NO : 13166 of 2007 Between: Rajaka Samkshema Sangam, ( Regd. No.156/89), 8/23, Kapileswaraapuram, Pamidimukkala Mandal, Krishna District, rep. by its Secretary Mr. K. Lakshminaryan S/o. Venkateshwara Rao, 35 Years. ..... PETITIONER AND 1 The District Collector, krishna District. 2 The District Panchayat Officer, Machilipatnam, Krishna District. 3 The Divisional Panchayat Officer, Nuzividu, Krishna District. 4 The Sarpanch, Kapileswarapuram Grampanchayat, Kapileswarapuram, Pamidimukkala Mandal, Krishna District. 5 Panchayat Secretary, Gramasachivalayam, Kapileswarapuram, Krishna District. .....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 issue an appropirate Writ, order or direction more particularly one in the nature of Writ of mandmaus declaring the 03-2007 as illegal, arbitrary, unconstitutional, void, without and power or authority or jurisdiction and consequently set aside the same by directing the respondents to lease out the tank Vooracheruvu to the petitioenr society on the payment of the upset price fixed by declaring thepetitioners society alone has got fishing rights in vooracheruru of Kapileswaram Village, Pamidimukkala Mandal, Krishna District, andpass. Counsel for the Petitioner:MR.T.RAJENDRA PRASAD Counsel for the Respondent Nos.1 to 3 & 5: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.4: GP FOR GRAM PANCHAYAT The Court made the following : COMMON ORDER: The petitioner in W.P.No.12043 of 2007 Sri Mahalakshmi Harijan Fishermen Co-op. Society Limited, Meduru, Pamidimukkala Mandal, Krishna District questions the resolution No.28, dated 31.03.2007 of the first respondent-Gram Panchayat, Kapileswarapuram to lease out its water sources by public auction instead of giving on lease to the existing fishermen co-operative society as per the usual practice. The petitioner in W.P.No.13166 of 2007 Rajaka Samkshema Sangam, Kapileswarapuram, Pamidimukkala Mandal, Krishna District questions the consequential proceedings dated 04.05.2007 pursuant to the resolution dated 31.03.2007 of the Gram Panchayat in deciding to auction all the existing water sources by way of public auction instead of giving on lease on upset price fixed by the Fisheries Department in favour of the Fishermen Co-operative Society. This Court while issuing notice before admission in W.P.No.12043 of 2007 by order dated 12.06.2007 directed that though the resolution was passed by the first respondent-Gram Panchayat on 31.03.2007,the resultant auction was not held as yet and pending further orders, the auction may go on and in case the petitioner-society offers to pay 3/4th of the amount that is fetched in the public auction, the bid shall not be finalized in favour of the highest bidder for a period of two weeks. It is stated that in all there are 10 tanks existing within the area of operation of the first respondent-Gram Panchayat and 9 tanks used to be leased out in favour of the petitioner in W.P.No.12043 of 2007 on the up set price fixed by the fisheries department and for one tank the fishing rights were used to be leased out in favour of the petitioner in W.P.No.13166 of 2007. In W.P.No.13166 of 2007 filed by Rajaka Samkshema Sangam, Kapileswarapuram, Pamidimukkala Mandal, Krishna District questioning the notice issued by the Gram Panchayat intimating that the leasehold rights of the fishing will be leased out by public auction, this Court while issuing notice before admission by order dated 07.09.2007, suspended the operation of the proceedings of the Gram Panchayat in deciding to auction the fishing rights of the said tanks. It is stated that before passing the interim orders dated 28.09.2007 by this Court in W.P.M.P.No.16468 of 2007 in W.P.No.13166 of 2007, this Court while issuing notice before admission in W.P.No.13166 of 2007 by order dated 07.09.2007 passed a similar order as was granted in the earlier W.P.No.12043 of 2007 stating that the auction may go on and in case the petitioner-Society offers to pay 3/4th of the amount that is fetched in the public auction, the bid shall not be finalized in favour of the highest bidder. It is stated that the auction was conducted and the third party offered the highest bid for an amount of Rs.7,10,000/-, but no fishing rights were granted in his favour. It is stated that the upset price was fixed at Rs.1,60,000/- for Uracheruvu. Insofar as Sri Mahalakshmi Harijan Fishermen Co-op. Society Limited is concerned, as against the upset price of Rs.1,75,000/- for 9 tanks, in the open auction the highest bid was Rs.6,23,000/-. It is stated that the petitioner in W.P.No.12043 of 2007 agreed to pay 3/4th of the bid amount as ordered by this Court and therefore, the highest bidder was not given any fishing rights. The question that arises for consideration is: Whether the Gram Panchayat is entitled to pass such a resolution in deviation of the usual practice for leasing out the fishing rights in favour of the existing fishermen co-operative societies? It is not in dispute that as per the orders of the Government in G.O.Ms.No.343, Panchayat Raj (Sam-I), dated 10.04.1978, the Gram Panchayat shall lease out the fishing rights in minor irrigation tanks and other tanks vested in it without conducting public auction to the Fishermen Co-operative Society of the local area. It is stated that the societies are bogus one and they are misusing the orders of the government and that they are not entitled for the benefit of the government and therefore, to raise revenue for development of village, the Gram Pachayat decided to auction the fishing rights in favour of the highest bidder. It is not in dispute that the said G.O. is binding on the Gram Panchayat. As long as the genuineness or otherwise of the Societies as to whether they are bogus or not is decided, and their registration is cancelled, I am of the opinion that the societies are entitled for fishing rights on the upset price fixed by the Divisional Panchayat Officer. Insofar as the petitioner in W.P.No.12043 of 2007 is concerned, the upset price fixed by the Divisional Panchayat Officer is Rs.1,75,000/- and therefore, the petitioner in W.P.No.12043 of 2007 is entitled for fishing rights of the tanks. Insofar as the petitioner in W.P.No.13166 of 2007 is concerned, the upset price for Vooracheruvu was fixed for Rs.1,60,000/- and therefore, the petitioner is entitled for fishing rights. Having regard to the facts and circumstances of the cases, the writ petitioners in both the writ petitions are entitled for fishing rights after depositing the upset price fixed by the authorities concerned, if not deposited. Accordingly, W.P.Nos.12043 of 2007 and 13166 of 2007 are allowed as prayed for keeping it open for the Gram Panchayat, Kapileswarapuram to take appropriate steps for cancellation of the registration of the petitioners’ Societies, if the said societies are found to be bogus and its members are not genuine and misusing the benefits given by the Government. As long as the registration of the societies is not cancelled or suspended by the authorities concerned, the petitioners are entitled for the benefit of the said G.O.Ms.No.343, dated 10.04.1978. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:24.03.2008 ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK} Form-NIC-OGS/WP{TRT}