APHC010200142021

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3328]

(Special Original Jurisdiction)

THURSDAY ,THE FIFTH DAY OF JUNE

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA

PRASAD

WRIT PETITION NO: 11787 OF 2021

Between:

1. P ITTIKAYALAGULLA GRAMA PANCHAYAT,, REP.BY ITS

SECRETARY, PITTIKAYALAGULLA VILLAGE, BESTAVARIPETA

MANDAL, PRAKASAM DISTRICT, PIN- 523346.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP.BY ITS-SECRETARY,

FISHERIES AND ANIMAL HUSBANDARY-DEPARTMENT,

AMARAVATHI, STATE OF A.P.

2. T HE COMMISSIONER OF FISHERIES, STATE OF ANDHRA

PRADESH, BUDER ROAD, PORANKI, VIJAYAWADA.

3. T HE JOINT DIRECTOR OF FISHERIES, , PRAKASAM DISTRICT,

ONGOLE, PRAKASAM DISTRICT.

4. T HE ASSISTANT DIRECTOR OF FISHERIES, CHIRALA, CHIRALA

MANDAL, PRAKASAM DISTRICT.

5. T HE ASSISTANT INSPECTOR FISHERIES, CUMBAM, PRAKASAM

DISTRICT.

6. T HE AMBEDKAR ASAYA SADANA SAMITI BESTA FISHERIES

COOPERATIVE SOCIETY LTD, REP.BY ITS-PRESIDENT, GULLA CHINA SUBBAIAH, S/O. SUBBAIAH, AGED ABOUT 42 YEARS, R/O. PAPAYAPALLI VILLAGE, BESTVARIPETA MANDAL, PRAKASAM

DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner:

1. G VIJAYA BABU Counsel for the Respondent(S):

1. ANUP KOUSHIK KARAVADI

2. GP FOR FISHERIES The Court made the following ORAL ORDER:

Heard Sri G. Vijaya Babu, learned Counsel for the Writ Petitioner; Sri M.V. Narasimham, learned Assistant Government Pleader for Fisheries appearing for the Official Respondents and Sri K. Ashok, learned Counsel appearing on behalf of Sri Anup Koushik Karavadi, learned Counsel for the Respondent No.6.

2. The prayer sought in the present Writ Petition is as under:

“It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 3 and 4 in granting Lease Hold Rights of Pittikayalapalli Chinna Cheruvu, which is having only 22 Hecteres (55 Acres) of Ayacut area and the same is a Minor Irrigation Tank under the control of the petitioner Grama Panchayat as per the guidelines issued in Memorandum No 1842/Pts. IV/74-4, Dated: 10.11.1975 affixed to G.O.Ms.No.100, Dated:18.01.1963 to the 6^th respondent society as illegal arbitrary and contrary to Section 56 (b) of the A.P.Panchayat Raj Act, 1994 (Act No 13 of 1994) and also the Guidelines framed in G.O.Ms.No.100 and G.O.Ms.No.343 and as well as the procedure precribed in G.O.Ms.No.343, Dt.10.04.1978 and consequently direct the respondents 2 to 5 not to interfere with the granting of Fisheries Rights in Pittikayalapalli China Cheruvu which is in the control of petitioner village limits and the petitioner has got right to lease out the fishery wealth in tank by fallowing the procedure contemplated in G.O.Ms.No.343 and pass such other order or orders may deem fit and proper in the circumstances of the case.”

3. Pittikayalagulla Grama Panchayat had approached this Court challenging the action of the Fisheries Department through the Commissioner of Fisheries in granting Fisheries rights to the Ambedkar Asaya Sadana Samithi (Besta), Fisheries Co-operative Society Limited (Unofficial Respondent No.6).

SUBMISSIONS OF THE LD. COUNSEL FOR THE WRIT PETITIONERS:

4. It is the submission of the Ld. Counsel for the Writ Petitioner that there are two water tanks in Pittikayalagulla village by name Pittikayalapalli Pedda Cheruvu and Pittikayalapalli Chinna Cheruvu; that Pittikayalapalli Pedda Cheruvu is a Major Tank as per the classification given in Memorandum No.1842/Pts.IV/74-4 dated 11.10.1975. As per the said classification, all Irrigation Tanks with an ayacut area of Ac.25.00 cents up to 200 acres in the Andhra region are considered as „Minor Irrigation Tanks‟ for the purpose of classification; that in the present case, Pittkayalapalli Chinna Cheruvu is a minor Irrigation Tank having an ayacut area of 22.00 hectors (Ac.55.00 cts) and therefore, it is a minor irrigation tank; that the said Pittikayalapalli Chinna Cheruvu is vested with the Grama