ORDER :

1. Since the point involved in these two writ petitions is one and the same, I deem it appropriate to dispose of these two writ petitions by way of this common order.

2. W.P.No.25089 of 2021 is filed to declare the action of the 6th respondent in issuing the proceedings dated 23.09.2021 directing the 8th respondent-Grampanchayat to send proposals to lease out the tanks situated in the Grampanchayat to Sri Adarsha Harijana Fishermen Co-operative Society Limited (for short ‘the Society’), 9th respondent, as illegal and arbitrary and contrary to his own proceedings in memo dated 28.05.2021, and consequently, to direct the official respondents to conduct public auction for the grant of leasehold rights of the Grampanchayat tanks.

3. The case of the petitioners is that they are the residents of the 8th respondent-Grampanchayat. There are ten tanks in the jurisdiction of the Grampanchayat and the income derived from those tanks is the major source of the Grampanchayat. As per G.O.Ms.No.343 dated 10.04.1978 and G.O.Rt.No.546 dated 25.03.1999, the Grampanchayat has been granting leasehold rights of the tanks in favour of the Society. But, contrary to the conditions of the lease, the Society is giving the tanks on sub-lease to one Gorrepati Rajesh for the last six years. Apart from that, the Society is always due in payment of lease amounts to the Grampanchayat. Therefore, the Grampanchayat passed a resolution No.33 dated 29.06.2021 taking a decision to conduct public auction for granting leasehold rights of the tanks to others and also requested the 5th respondent to issue orders to that effect by narrating the conduct of the Society in violation of the terms of lease apart from violation of the Rules issued in G.O.Ms.No.343 dated 10.04.1978. In pursuance of the said resolution, the Panchayat Secretary of the Grampanchayat also sent a report dated 02.08.2021 to the 4th respondent to issue directions to conduct public auction for granting the leasehold rights of the tanks. In the said report, it is categorically stated that due to non-payment of lease amounts by the Society within the stipulated time, the Grampanchayat is unable to undertake developmental activities. It is also the case of the petitioners that the petitioners and other villagers submitted a detailed representation dated 19.07.2021 to respondent Nos.2 and 3 with a request to issue directions to the Grampanchayat not to renew/extend the lease period in favour of the Society and to conduct public auction for granting the leasehold rights of the tanks to others. In view of the above, the 6th respondent issued a Memo dated 28.05.2021 directing the Grampanchayat to send proposals to conduct public auction of the leasehold rights of the tanks by not extending/renewing the lease period in favour of the Society. Pursuant to the said memo, estimations for all the ten tanks were prepared and the same were approved by the 7th respondent also and the Grampanchayat is making efforts to conduct public auction of the leasehold rights of the tanks. Meanwhile, the 5th respondent addressed a letter dated 21.09.2021 to the 6th respondent recommending the case of the Society for the grant of leasehold rights of the tanks in its favour, as the Society is not in due of any lease amount and it has preferential rights as per G.O.Ms.No.343 dated 10.04.1978. Pursuant thereto, the 6th respondent issued proceedings dated 23.09.2021 directing the Grampanchayat to send proposals to lease out the tanks afresh to the Society contrary to his earlier proceedings dated 28.05.2021. The same is under challenge in the present writ petition.

4. The 6th respondent filed a counter affidavit in W.P.No.25089 of 2021 stating that the Society committed default in payment of the lease amounts within the stipulated time as per the auction conditions from the year 2014-15 to 2020.2021. Therefore, the 6th respondent issued directions to the Grampanchayat to conduct public auction of the leasehold rights of the tan