THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.Nos.21149 and 24899 of 2011 And C.C.Nos.894 and 1451 of 2011 COMMON ORDER: The writ petitions and contempt case are filed in relation to the auction of fishery rights in a tank of Kakani Village, Narasaropet Mandal, Guntur District. Quite a large number of writ petitions were filed by the Fishermen Cooperative Society, Washermen Cooperative Society, Harizan Fishermen Cooperative society, sarpanch of the village etc. Orders were passed by this Court from time to time. However, the orders so passed were successfully flouted by the Department of Fisheries in collusion with the Fishermen Cooperative Society. The result was that colossal loss of public revenue has taken place. Recognizing the gravity of the matter, this Court passed a detailed order on 04.11.2011 in all these matters, vacating the interim order passed on 06.09.2011 and directing the District Collector to conduct auction by deputing an officer of the Rank of not less than Revenue Divisional Officer. It was also directed that the revenue that is fetched in the auction shall be distributed in the ratio of 50:30:20 among the Water Users Association, Gram Panchayat and Fisheries Department respectively. In pursuance of the said direction, the District Collector conducted an auction. The annual income from the tank was in the range of about Rs.2,00,000/-, when the leaseshold rights were being allotted by the Fisheries Department. In the auction that was conducted in pursuance of the direction issued by this Court, as many as 12 persons were participated and Rs.7,45,000/- was the highest bid. This only shows the loss to the Government in general and Gram Panchayat and Water Users Association in particular over the past several years. In compliance with the directions issued by this Court, the District Collector submitted a report, dated 28.12.2011, which is to the effect that the Assistant Director of Fisheries, Guntur was squarely responsible for the various lapses that resulted in heavy loss to the local body. After hearing the learned counsel for the parties at length, this Court feels that the arrangement directed by this Court may be continued in future also, leaving it open to any agency to seek modification thereof in future if it is warranted. So far as the findings in the enquiry are concerned, necessary steps need to be taken by the authorities, who are vested with the jurisdiction vis-à-vis the officers, who are found to be prima facie responsible for the lapses. Since the tank would henceforth be under the control of Revenue Department, the share of the revenue, which was allocated to Fisheries Department, needs to be made over to the Revenue Department. Hence the writ petitions and contempt cases are disposed of, directing that - (a) The auction of leasehold rights over Kakani tank shall be conducted by the Revenue Divisional Officer, Narasaraopet with the approval of the District Collector before 31st May and leasehold rights shall be granted for one year with effect from 1st July of the concerned year; (b) Out of the amount, that is fetched in the auction, 50% shall be allocated for the Water Users Association, which in turn shall be spent for the repair of the tank and improving the facilities in the ayacut with the approval of the concerned Executive Engineer of the Irrigation Department; 30% shall be allocated to the Gram Panchayat and this amount shall be utilized exclusively for the purpose of developmental activities, such as establishment and provision of parks, library, playing facilities for the children in the village, duly taking the assistance of the Panchayat Raj Department; and 20% shall be allocated to the Revenue Department and efforts shall be made to streamline the process of auctioning the tank year after year by providing necessary infrastructure; and (c) The report of the Revenue Divisional Officer, Narasaraopet, dated 01.12.2011 shall be forwarded by the District Collector to the concerned authorities in the Fisheries Department for necessary action. If any amount is recovered in the proceedings, it shall be utilized in the same manner as indicted above. If any individual petitioners have any grievance, as to the transactions that occurred earlier, it shall be open to them to make a representation to the District Collector. There shall be no order as to costs. __________ 30.12.2011 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.Nos.21149 and 24899 of 2011 And C.C.Nos.894 and 1451 of 2011 Date: 30.12.2011 JSU