THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.18270 of 2007 ORDER: The petitioner is the Gram Panchayat of Kancharam Village. It awarded ﬁshery rights in favour of an individual on 22.06.2007 for one year over Ura Cheruvu of that Village. The Deputy Director of Fisheries, Srikakulam, the ﬁrst respondent herein, issued proceedings, dated 28.07.2007, awarding ﬁshery rights in favour of the third respondent for a period of two years, overlapping the one for which the petitioner granted lease. This writ petition is ﬁled assailing the proceedings, dated 28.07.2007. The petitioner contends that it is entitled to grant lease of ﬁshing rights over the tank and there was absolutely no basis for the first respondent to interfere with. Separate counter-aﬃdavits are ﬁled on behalf of respondents 1 & 2 and the third respondent. Their common case is that the ayacut of the tank in question is Acs.224.12 cents and in view of the Rules framed in G.O.Ms.No.343, dated 10.04.1978, the tanks with ayacut of Acs.200.00 and above vest with the Fisheries Department. Heard the learned counsel for the petitioner, the learned Government Pleader for Fisheries and the learned counsel for the third respondent. The ayacut of an irrigation tank assumes signiﬁcance in the context of determining the authority vested with the power to grant lease of ﬁshing rights. The G.O., referred to above, directs that where ayacut of an irrigation tank is Acs.200.00 and more in Andhra Area and Acs.100.00 and more in Telangana Area, such powers would vest in the Fisheries Department and for tank with less than that ayacut, the Gram Panchayat is the competent authority. In the instant case, the ayacut of the tank in question is Acs.224.12 cents. Therefore, it vests in the Fisheries Department. Accordingly, the petitioner was not competent to grant any lease of fishing rights. It is sought to be contended on behalf of the petitioner that the water-spread area of the tank is only Acs.38.00 and that it is entitled to grant leases. However, what is relevant is the ayacut of a tank and not the water-spread area. In case the petitioner is able to establish, by obtaining certiﬁcate from the authorities of the Irrigation Department, that the ayacut of the tank is less than Acs.200.00, it can certainly put forward its claim. Therefore, the writ petition is dismissed, leaving it open to the petitioner to establish its rights before the authorities concerned as to the extent of the ayacut of the tank. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:05.11.2008. kdl