IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION No.12432 of 2009 Between: Mittatmakur Kothacheruvu Water Users Association Rep. by its President, Dasineni Seenaiah, S/o.Venkata Subbaiah, aged about 65 years, Edalapalli Village, Meta Atmakur (PO) Gudur Rural Mandal, SPS Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Hyderabad. 2 The District Panchayat Raj Officer, SPSR Nellore District, at Nellore. 3 The Divisional Panchayat Raj Officer, Gudur, SPSR Nellore District. 4 The Panchayat Secretary, Pagadalapalli Gram Panchayati, Gudur Mandal, SPSR Nellore District. 5 The Pagadalapally Gram Panchayat Rep. by its Sarpanch Inukurthi Bhusamma, W/o. Gopala Naidu, Age about 56 Years, R/o. Edalapalli Villge, Guduru Rural Mandal, SPSR Nellore District. .....RESPONDENTS 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 writ or order or direction more particularly in the nature of Writ of mandamus declaring the action of the respondents are in trying to leave off water for catching fish from Kothacheruvu Tank of Mitta Atnakur Village, Guduru Rural Mandal, SPSR Nellore District as illegal, arbitrary, unjust and violative of the Act 11 of 1997 and consequently direct the respondents not to leave off water from Kothacheruvu tank outlets except agriculture till the present paddy crop is harvested situated at Mitta Atmakur Village, Guduru Rural Mandal, SPSR Nellore District, and pass Counsel for the Petitioner: MR.V.NARAYANA REDDY Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.5: MR. J.PRADEEP KIRAN CAVEATOR The Court made the following : ORDER: This writ petition is filed questioning the action of the respondents in trying to leave off water for catching fish from Kothacheruvu Tank of Mitta Atmakur Village, Guduru Rural Mandal, SPSR Nellore District, as illegal and arbitrary, and consequently to direct the respondents not to leave off water from Kothacheruvu tank outlets except for agriculture till the present paddy crop is harvested. According to the petitioner-association, Kothacheruvu, which is a minor irrigation tank, is situated at Mitta Atmakur Village and there is a total ayakut of 400 acres, where the members of the petitioner- association are cultivating. At present the members of the petitioner- association have raised paddy crop and the fourth respondent-the Panchayat Secretary, Pagadalapalli Gram Panchayat issued Dandora Notice dated 16.06.2009 stating that the fishing rights are going to be auctioned shortly in respect of Kothacheruvu. The fifth respondent- Gram Panchayat has also made tom tom in the villages of the members of the petitioner-association to that effect. It was also stated that they would release water through outlets for catching fish. The grievance of the petitioner-association is that if the fifth respondent-Gram Panchayat is allowed to conduct auction for fishing rights and if the water is released, there is a chance of drowning of crops and the members of the petitioner-association would be put to irreparable loss. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj & Rural Development, and the learned Standing Counsel for the fifth respondent. The learned Standing Counsel appearing for the fifth respondent-Gram Panchayat submits that even if auction is conducted with regard to fishing rights of Kothacheruvu, they will take necessary steps for protecting the rights of the members of the petitioner-association and that they have put a condition in the auction that water should not be released from the tank as the same will effect the rights of members of the petitioner-association. In view of the undertaking given by the learned Standing Counsel for the fifth respondent, nothing survives for consideration in this writ petition and the same is accordingly closed. N.V.RAMANA, J Date: 25.06.2009 va