ORDER :

This Writ Petition has been filed against the inaction of the respondent Nos.4 and 5 in not accepting the consent of the petitioner to deposit lease amount for fishing rights in favour of the Petitioner Society for Dullacheruvu and Drinking water tank situated in Pasarlapudilanka Village, Mamidikuduru Mandal, East Godavari District as per the orders of the 3rd respondent dated 27.08.2021 as illegal and arbitrary and for consequential direction to the respondent Nos.4 and 5 to accept the same and to execute lease deed for fishing rights for the above tanks for three years from 01.07.2021 to 30.06.2024.

2. Heard learned counsel for the petitioner and the learned Government Pleader for Panchayat Raj and Rural Development and Sri I.Koti Reddy, learned Standing Counsel for the respondent Nos.4 and 5 Gram Panchayat.

3. Learned counsel for the petitioner would submit that the petitioner is the Fishermen Cooperative Society registered in the year 1978 and obtained the lease hold rights for Dullacheruvu and Drinking water tank situated in Pasarlapudilanka Village of Mamikuduru Mandal. The earlier lease of fishing rights given to the Petitioner Society for a period of three years expired by 30.06.2021. The petitioner being a Fishermen Cooperative Society, the Society is entitled for renewal of the lease hold rights as per G.O.Ms.No.343, Panchayat Raj Department dated 10.04.1978. After expiry of the existing lease, the 3rd respondent has to fix upset price in terms of G.O.Ms.No.343 and is to be offered by the Society for a further period of three years. Learned counsel submits that if the Society refuses to accept the lease hold rights, then the respondents are entitled to go for public auction for awarding fishing rights for the subject tank.

4. Learned counsel for the petitioner further submits that the Gram Panchayat in its meeting held on 12.07.2021, passed a resolution requesting the 3rd respondent to fix the upset price for giving lease of the tanks for a period of three weeks from 01.07.2021 to 30.06.2024.

5. Considering the resolution passed by the Gram Panchayat, the 3rd respondent issued proceedings dated 27.08.2021 fixing the upset price. But, the 5th respondent did not take any steps to extend the fishing rights in favour of the petitioner for a period of three years as requested by the petitioner inspite of fixing upset price by the 3rd respondent. Having no other option, the petitioner approached this Court by filing this Writ Petition.

6. On the other hand, Sri I.Koti Reddy, learned Standing Counsel for the Gram Panchayat, on instructions submits that the lease hold rights of the petitioner expired by 30.06.2024. Initially, the learned Gram Panchayat passed resolution and requested the 3rd respondent to fix upset price. Subsequently, in the General Body meeting of the Gram Panchayat held on 21.09.2021, it is resolved to develop the tank with MGNREGS funds and not to auction the tanks for the present year to take up development works of the tank. After development of the tanks, fishing rights will be auctioned for the subsequent years. These instructions sent by the Panchayat Secretary to the Standing Counsel and the same were placed on record.

7. Having heard the submissions of the learned counsel for the petitioner and the learned counsel appearing for the respondents and upon careful perusal of the written instructions placed before this Court by the learned Standing Counsel, it is clear that the learned Gram Panchayat is not intending to auction fishing rights of the said tanks in the present year and they intended to develop the tanks with the MGNREGS funds and fishing rights will be auctioned for the subsequent year. Admittedly, the leasehold rights of the petitioners expired on 30.06.2021 and if the Gram Panchayat intends to auction the tanks and to issue leasing rights to anybody, the Gram Panchayat has to consider the request of the petitioner at first instance in terms of the G.O.Ms.No.343. If the petitioner is n