IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 3518 of 2008 Between: Sri Venkateswara Fishermen Co-operative Society Ltd., Kaja Village Movva Mandal, Krishna District, rep. by its President Ch.China Venkateswarlu S/o. Seshaiah Age: 45 years R/o. Kaja Village, Movva Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector, Machilipatnam, Krishna District. 2 The District Panchayat Officer, Machilipatnam, Krishna District. 3 The Divisional Panchayat Officer, Machilipatnam, Krishna District. 4 The Secretary, Village Secretariat, Kaja village, Movva Mandal, 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of the 2nd respondent vide Proceedings No.115/2008, Pan-II, dated 23.1.2008 and consequential order of the 4th respondent vide ROC No.167/2008, dated 11.2.2008, as bad, arbitrary, contrary to G.O.Ms.No.343, dated 10.4.1998 and G.O.Ms.No.499, dt. 25.11.1990, respectively and to pass such other order or orders. Counsel for the Petitioner:MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 3518 of 2008 ORDER: The petitioner is a Fishermen Co-operative Society, Kaja Village, Movva Mandal, Krishna District (for short ‘the Society’), and its members are 54 in number; having the area of operation of 14 tanks, located in Kaja Gram Panchayat limits. It is stated that as per the orders of the Government in G.O.Ms.No.343, dated 10-04-1978, all tanks vest in the Gram Panchayat, must be leased out in favour of the Society, on the upset price fixed by the Divisional Panchayat Officer, the 3rd respondent, without any public auction. While so, the District Panchayat Officer, the 2nd respondent herein, passed orders through proceedings L.P.No.115/2008 Pan-2, dated 23-01-2008, basing on the representation made by the Upa Sarpanch of Kaja Gram Panchayat and its members, for certain repairs to the tanks, so as to have protected drinking water scheme; wherein it was directed to conduct public auction by fixing the upset price, to catch the fish grown, naturally. It is the contention of the petitioner that in respect of fishing rights of the tanks, vest in the Gram Panchayat, are being exploited by the District Panchayat Officer, and that, for conducting repairs, it cannot have any objection, if the fishing rights are allotted in its favour, on the upset price fixed in accordance with the Government orders. Consequently the upset price for the two tanks, viz., Nagula Cheruvu and Kanchara Cheruvu, was fixed at Rs.16,000/- and 85,000/-, respectively. It is submitted that the upset price has been increased abnormally this year, when compared to the last year. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Panchayat Raj, appearing for the respondents. I have gone through the record, and I am not inclined to express any opinion, as to the fixing of the upset price of the tanks in question. The main grievance of the petitioner is only not to conduct public auction for catching the fish, but to entrust the same in its favour on the upset price fixed, in accordance with the orders of the Government in G.O.Ms.Nos.343, and 499, dated 10-04-1978 and 25-01-1998, respectively. Having regard to the facts and circumstances of the case, the writ petition is disposed of, directing the respondents to consider the case of the petitioner for permitting it to catch the fish grown naturally, on the upset price fixed by the concerned authority, in accordance with the aforesaid GOs., and pass appropriate orders. Till then, the fishing rights of the tanks in question, shall not be allotted by way of public auction. There shall be no order as to costs. _________________ Dt.26-02-2008. V.ESWARAIAH, J. Note: Office to issue c.c. in three days. (B/O) KO To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}