( 1 ) THE facts of these two cases are very interesting and from Secretary to down below every officer thinks that he can act as he likes without reference to the concerned statutes and rules made thereunder. It is not known whether the people miseries will be further increased or a day will come when good sense enter the minds of the bureaucracy.

( 2 ) IT is not in dispute that Rapalavari tank is a minor irrigation tank situated within the local limits of Ipur grampanchayat and this tank vested in the grampanchayat under Section 56 (1) (b) of grampanchayat Raj Act, 1994 (hereinafter referred as act 1994 ) corresponding section being Section 65 (l) (b) of the old Act and the Grampanchayat is enjoying the income derived by leasing out the fishery rights in the tank as well as the bunds for grazing purposes and the income from the trees standing on the bunds. It is also not in dispute that the local Fishermen Cooperative Society which filed an application seeking permission of the Court to come on record as respondent No. 7 was enjoying the fishing rights in the tank under the statutory rules issued in G. O. Ms. No. 343, panchayat Raj (Services-I) Department dated 10-4-1978 by the Government in exercise of the rule making power under section 217 of the A. P. Gram Panchayat Act, 1964 which continuous to be in force even after new Panchayat Raj Act came into for in 1994.

( 3 ) DURING the course of arguments it also came to light that the Government declared the right of the Grampanchayat to take out the fishing rights in the tank in question on an earlier occasion in G. O. Rt. No. 710 (P and rd) dated 3-7-1991.

( 4 ) WHILE things stood thus, the State legislature enacted A. P. Farmers management of Irrigation Systems Act (Act 11 of 77) with the main object of management of irrigation system with the farmers participation. The functions of water Users Association constituted under the Act were mentioned in Section 17 of the act and under Clause k of the said section the association can raise its own resources to fulfill the obligations cast on it. Chapter IV Section 22 of the Act deals with resources to these organisations. It is useful to extract that Section which is as under:"22. Resources of farmers organisation: The funds of the farmers Organisation shall comprise of the following, namely: (i) grants received from the government as a share of the water tax collected in the area of operation of the Farmers organisation. (ii) such other funds as may be granted by the State and Central government for the development of the area of operation; (iii) resources raised from. any financing agency for undertaking any economic development activities in its area of operation; (iv) income from the properties and assets attached to the irrigation system within its area of operation; (v) fees collected by the farmers organisation for the services rendered in better management of the irrigation system. (vi) amounts received from any other source. "

( 5 ) FROM the above, it is seen while the resources have to be mobilised by these organisations through the grants received from the Government and water tax collected from the farmers in their area of operation apart from raising loans from financing agencies to undertake any economic development activity and the fees collected from the farmers for the services rendered by the association for better management of the irrigation system. Sub-clause (iv) says the organisation is entitled to receive income from the properties and assets attached to the irrigation system within its area of operation and Clause (vi) is omnibus clause. The intention of the legislature in incorporating Clause (iv) cannot be culled out either from the provisions of the Act or from the rules made thereunder. If the intention of the legislature is to confer aright on the organisation to enjoy the income derived by leasing out the fishing rights in the irrigation tanks and the tress standing on th