THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5208 of 2010 Dated:10.03.2010 Between: Pepakayala Eswara Rao. …Petitioner and The Chief Executive Officer, Zilla Praja Parishad, East Godavari District, Kakinada, East Godavari District, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5208 of 2010 ORDER: The petitioner is a ferry contractor. In the process of awarding the contract pursuant to tender notification dated 12.05.2009, the petitioner became highest bidder quoting Rs.16,00,011/-. The period of lease of right to collect ferry is from 01.06.2009 to 31.03.2010. The petitioner allegedly spent Rs.2,00,000/- for laying the approach road and he incurred loss due to heavy floods and untimely death of the Chief Minister of Andhra Pradesh. Therefore, he made an application to the second respondent for extension of period of lease from 01.04.2010 to 31.03.2011 offering to enhance the bid amount by 10%. The third respondent in their meeting on 06.12.2009 passed resolution agreeing for the offer. The petitioner, therefore, filed the instant Writ Petition seeking a writ of mandamus declaring the action of respondent Nos.1 and 2, namely, the Chief Executive Officer, Zilla Praja Parishad, East Godavari District, and the Mandal Parishad Development Officer, K.Gangavaram, in not implementing the resolution dated 06.12.2009 as illegal and arbitrary. This Court heard the learned Counsel for the petitioner, learned Assistant Government Pleader for Panchayat Raj and the learned Standing Counsel for the Mandal Praja Parishad. As rightly pointed out by the learned Counsel for the respondents, the petitioner’s right to operate the ferry at Kotipally lasts till 31.03.2010. Thereafter, he has no right to seek extension. They also contend that Mandal Praja Parishad has no power or jurisdiction to grant extension of lease. They relied on Section 57(1)(b) of the Andhra Pradesh Panchayat Raj Act, 1994 (the Act). This Court finds force in the submission. Section 57(1) of the Act is to the effect that the management of public ferry in the Andhra Area and of a Government ferry in the Telangana Area shall vest in the joint committee of the Gram Panchayat, in the joint committee of the Mandal Parishad concerned or the joint committee of Mandal Parishad or the Municipality concerned as the case may be. Section 57(1)(b) of the Act reads as under. 57. Vesting of the management of ferries in Gram Panchayats, etc:- (1) Notwithstanding anything in the Andhra Pradesh (Andhra Area) Canals Land Public Ferries Act, 1890 (Act 2 of 1890) and the Andhra Pradesh (Telangana Area) Ferries Act, 1314 Fasli, (Act 2 of 1314 F.) the management of a public ferry in the Andhra Area, and of a Government ferry in the Telangana Area other than a ferry mentioned in sub-section (2) shall vest- (a) omitted in this order (b) in the case of a ferry connecting any public road under the management of a Mandal Praja Parishad in such Mandal Praja Parishad and in the case of ferry connecting any public road under the management of a Mandal Praja Parishad and lying within the jurisdiction of more than one Mandal Praja Parishad in a joint committee of the Mandal Praja Parishad concerned; There is no dispute that the Kotipally ferry connects the road under the management of the third respondent and Mukteswaram, which is within the jurisdiction of another Mandal Parishad. Therefore, the joint committee as per the rules made under Section 57(3) of the Act alone has jurisdiction to deal with the question of granting lease or extending the lease. There is no dispute that vide their orders in G.O.Ms.No.87, dated 13.03.2000, the Government promulgated the Andhra Pradesh Gram Panchayat, Public or Government Ferries Rules, 2000, which deal with constitution of the committees. Therefore, the unilateral resolution passed by the third respondent does not confer any right on the petitioner. Learned Counsel for the petitioner relies on the orders of the Government in G.O.Ms.No.22, dated 13.01.1999, whereby and whereunder as many as eighteen ferry points in the State of Andhra Pradesh which were hitherto under the control of the Department of Transport, Roads and Buildings, were transferred to the Panchayat Raj Institutions. According to the learned Counsel Kotipally ferry was handed over to the third respondent, and therefore, they alone can manage the same. The submission cannot be accepted. The Government Order in G.O.Ms.No.22, referred to hereinabove only deals with transfer of ferry points to Panchayat Raj Institutions and it does not specifically confer the powers on the third respondent. The management of Kotipally ferry, which indisputably falls within the jurisdiction of Zilla Praja Parishad, has to be dealt with by the Committee constituted under the ferry Rules referred to hereinabove. The Writ Petition is misconceived, and the same is accordingly dismissed. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 10.03.2010 vs