THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.NO.2926 OF 2008 ORDER This writ petition is filed seeking a Mandamus to declare action on the part of respondent Nos.1 to 3 in not conducting public auction in respect of the fishing rights of reservoir tank situated in Edurumondi Village of Nagayalanka Mandal, Krishna District as arbitrary and illegal. The petitioners are the agriculturists holding various extents of lands under the ayacut of reservoir tank of Edurumondi Village. This writ petition is filed at a time when the 5th respondent Water Users Association conducted auction for fishing rights of reservoir tank of Edurumondi on the ground that the 5th respondent has no authority under the law since the tank area is less than 100 acres. This was for the year 2008. 6th respondent was the successful bidder and he has paid an amount of Rs.1,20,000/- as auction money. However, he could not conduct the fishing operations in view of the interim orders passed by this Court on 14-2-2008, under which the Fisheries Department was directed to conduct fishing operations and deposit the sale proceeds in to any nationalized bank during pendency of the writ petition. Now, it came to light that the 5th respondent has no right what so ever for conducting auction of fishing rights of reservoir tank of Edurumondi Village. In spite of notice, none appears for the 5th respondent. Learned counsel appearing for 4th respondent Gram Panchayat states that for the year 2008-2009, the Gram Panchayat is directed to conduct auction for fishing rights in the said tank and the 5th respondent has not raised any objection for the same. In fact, the 4th respondent is conducting auction since 2008-2009 till date. Under those circumstances, since for the year 2007-2008 the amounts are deposited with the Collector concerned and the dispute as to the right to conduct auction was between the 4th respondent and 5th respondent, 6th respondent cannot be punished. It is not the case of any of the parties to say that had it been auctioned by the Gram Panchayat, they could have got more money for the year 2007-08. The writ petition is disposed of holding that the 5th respondent had no right whatsoever. But under the peculiar circumstances of the case, the Collector, Krishna District is directed to refund the amounts deposited in the Nationalized Bank towards the sale proceeds for the year 2007-2008 to the 6th respondent forthwith. The 4th respondent is at liberty to conduct auction and collect money. ________________ C.V.RAMULU,J rkk Dated: 8-12-2010