THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.26287 of 2008 ORDER: In Pendurru Village of Bantumilli Mandal, Krishna District, there exists a drain, running through R.S.No.126. The Gram Panchayat, on the one hand, and the water users’ association on the other vied with each other in the context of granting lease of fishing rights in the drain. While the petitioner was awarded lease by the Gram Panchayat, the 5th respondent was granted lease by the water users’ association of the Village for the current year. The petitioner complains that the respondents are interfering with his fishing operations and seeks appropriate directions in this regard. Heard the learned counsel for the petitioner, learned Government Pleaders for Panchayat Raj and Irrigation and the learned counsel for respondent No.5. Section 80 of the A.P.Panchayt Raj Act provides for vesting of water bodies within the limits of village in the Gram Panchayat. An exception is carved out under the proviso to the effect that the irrigation works would not vest in the Gram Panchayat. The provision is silent as to the drains. Section 19 of the Water Users Associations Act on the other hand deals comprehensively with various categories of water works including drains. In a way, it confers right to manage the irrigation work as well as the drains upon the water users’ association. When it enacted the A.P.Panchayat Raj Act, the Legislature did not anticipate the Andhra Pradesh Farmers’ Management of Irrigation Systems Act. There exits some conflict as to the vesting of drains or right to grant lease of fishery rights over them. This Court is of the view that the District Collector, Krishna can address the issue by ascertaining the views of the Departments of Panchayat Raj and Irrigation and pass appropriate orders, since the issue would have its own impact upon large number of similar cases. The District Collector shall take into account, the relevant provisions of law. Therefore, the writ petition is disposed of leaving it open to the petitioners to approach the District Collector, Krishna with a request to decide the matter within a period of six weeks from the date of receiving the representation, duly ascertaining the views of the Irrigation and Panchayat Raj Departments. In the meanwhile, the petitioner shall undertake fishing operations under the supervision of the authorities of the Irrigation Department and deposit the sale proceeds to the credit of Gram Panchayat. He shall keep the sale proceeds as certified by the supervising authority in a fixed deposit for a period of two months. The manner, in which the money should be distributed, depends upon the nature of decision that may be rendered by the District Collector. There shall be no order as to costs. _________ 26.03.2009 JSU THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.26287 of 2008 Date: 26.03.2009 JSU