Krishnapuram Neeti Sangham, Rep By Its President, v. The Government Of Andhra Pradesh,
IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH
AT HYDERABAD FRIDAY , THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND ELEVEN :PRESENT:
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WP .NO:1241 of 2011 Between:
Krishnapuram Neeti Sangham, Rep by its President, Pamula Nageswara Rao, S/o. Marayya, Suryachandrarao Pet Village,, Krishnapuram, Dwarakathirumala Mandal, West Godavari District . Petitioner AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Irrigation and Command Area Development, Secretariat Buildings, Hyderabad 2 The District Collector, West Godavari, Eluru 3 The Secretary, Gram Panchayat, Pangidigudem, Dwarakathirumala Mandal, West Godavari District 4 The Deputy Executive Engineer, Irrigation Circle, Eluru, West Godavari District .....Respondents Petition under Article 226 of the Constitution of India praying that in the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.
2 in issuing the Proceedings No. 1022/A2/2009, dt. 18.12.2010 of the District Collector, West Godavari, Eluru, the 2nd respondent herein in leasing out the Krishnapuram Tank, Suryachandraraopet Village, Pandigudem Panchayat, Dwarakathirumala Mandal, West Godavari District is illegal, arbitrary, erroneous, highhanded and violation of the provisions of A.P. Farmers Management of irrigation Systems Act, 1997 and other proceedings issued by the Government from time to time and also violative of the judgment rendered by this Hon'ble Court in Writ Petition No. 20746 of 2006, dt. 6.2.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI Y.V.RAVI PRASAD Advocate for the Petitioner and of the Asst. Govt. Pleader for Panchayat Raj for the respondents, the Court made the following:
ORDER: Prima facie, the tank in question is vested n the gram panchayat under Section 80 of the Andhra Pradesh Panchayat Raj Act, 1994. However, the petitioner-association has specifically mentioned that as it was allowed to exercise the fishery rights over the tank, they have left the fish seed in the month of September, 2010 and that auction of the fishery rights by the gram panchayat inpursuance of the impugned order would affect their interest.
Learned Assistant Government Pleader for Panchayat Raj seeks time for instructions in this regard.
Post on 11-02-2011.
Pending further orders, the parties are directed to maintain status quo with respect of the fishing rights over the Krishnapuram Tank, Suryachandraraopet village, Pandigigudem Panchayat, Dwarakathirumala Mandal, West Godavari District. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1.The Secretary, Irrigation and Command Area Development, Govt. of A.P.
Secretariat Buildings, Hyderabad 2 The District Collector, West Godavari, Eluru 3 The Secretary, Gram Panchayat, Pangidigudem, Dwarakathirumala Mandal, West Godavari District 4 The Deputy Executive Engineer, Irrigation Circle, Eluru, West Godavari District ( 1 to 4 by RPAD) 5.2 CCs to the G.P. for Panchayat Raj, High court of A.P.Hyd. (O.UT) 6.One C.C.to Sri Y.V. Ravi Prasad Advocate (OPUC) 7.one spare copy.
Bsr
HIGH COURT CVNR.J DATED 28-01-2011 POST ON 11-02-2011
ORDER
W.P.NO. 1241 OF 2011 STATUS QUO Bsr Dt. 31-1-2011 HIGH COURT CVNR.J
DATED 28-01-2011 POST ON 11-02-2011
ORDER
W.P.NO. 1241 OF 2011 STATUS QUO