R.Sriramulu v. The Chief Secretary, Government of Andhra Pradesh, Hyderabad

The Writ Petition is filed for a writ of mandamus declaring the action of respondents in deciding to grant lease of fishing rights in Paparayudu tank situate in an extent of Acs.80.77 cents in Sy.No.331 of Padamara Veerayapalem village, Kurichedu Mandal, Prakasam District as illegal, irregular, offending Articles 14 and 21 of the Constitution of India and also the provisions of A.P. Panchayat Raj Act the Rules made thereunder and consequently direct respondents to protect water for its natural purity use of the said tank and to pass such other suitable orders.

Sri Nimmagadda Satyanarayana, the learned Counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and would submit that in the facts and circumstances of the case, suitable directions to be given. The learned Counsel also pointed out to the relevant portions of the counter affidavit filed by the 5th respondent.

Per contra, Sri M.Prabhakar Rao, the Counsel representing the 5th respondent had pointed out that the general interest of the public is being well safeguarded and hence no further directions need be issued.

Heard the Counsel.

It is stated in the affidavit filed in support of the Writ Petition that there lies a tank called Papanaidu tank in an extent of Ac.7.80 cents in Sy.No.331 of Padamara Veerayapalem village. The said tank is in existence from times immemorial. Originally, it is shown that the said tank was excavated by the founders of village for drinking water purposes. It is further stated that in the recent past the management of the tank was given to the 5th respondent but the construction and related maintenance was vested with the 4th respondent and the 5th respondent started getting a paltry income of Rs.10,000/- Rs.20,000/- per annum by leasing out the fishing rights of the said tank. It is also further stated that the persons who took leasehold rights on it from the 5th respondent started landing fish seed into the tank and growing the same by feeding, applying pesticides and chemicals for prevention of diseases and growing of fish. It is also further stated that when profiteering concept was introduced in growing fish by the leaseholders they resorted to contaminate the water and the same resulted in serious damage to the tank. It is further stated that on 12-9- 2006 the 5th respondent sought for permission from respondents 2 and 3 to conduct auction of fishing rights on lease in Papanayudu tank. Further it is stated that it is learnt that the respondents 2 and 3 readily granted permission to that effect and if the respondents were allowed to grant fishing rights on lease to anybody the successful bidder would repeat the same activities as they did earlier such as taking fish seed in the tank and thereby contaminating the water. It is further stated that the cattle could not get drinking water and the bore-wells in the village are going dry in the summer but the 4th respondent is not preventing the other respondents from depriving the ayacutdars of irrigation and the residents of Padamara Veerayapalem village of water. The action of respondents 2 to 4 in deciding to auction the fishing rights on lease in Papanayudu tank is illegal.

The 5th respondent filed counter affidavit denying several of the allegations. Further specific stand is taken that it is a fact that there lies a tank by name Paparayudu tank in an extent of Ac.7.80 cents in S.No.331 of Padamara Veerayapalem village, however it is false to say that the tank is a fresh water tank and the same was never set apart by the Gram Panchayat for drinking water purpose as contemplated under Section 81 of the A.P. Panchayat Raj Act. The said tank is a minor irrigation tank and the fishing rights are being auctioned since a long time. It is further stated that it is also incorrect to say that the water levels of the bore-wells in the village are falling down because of the auction of the fishing rights of the tank. As a matter of fact, the entire village is being provided with protected water scheme and the drinking water is being drawn from Kurichedu project and absolutely the villagers are not using the tank as drinking water tank.

On a careful analysis of the averments made in the affidavit filed in support of the Writ Petition and also the counter affidavit, this Court is of the considered opinion that the grievances ventilated by the writ petitioner are more or less general in nature. However, in the light of the specific stand taken by the 5th respondent, it cannot be said that the apprehension expressed by the writ petitioner is bona fide. At any rate, in the light of the stand taken in the counter affidavit of the 5th respondent, this Court is of the considered opinion that no further orders need be passed inasmuch as by virtue of the stand taken by the 5th respondent it is clarified that the general interest of the villagers would be safeguarded and also all reasonable conditions are being imposed in relation thereto. Hence the stand taken in the counter affidavit of the 5th respondent is hereby recorded and inasmuch as no further orders are required to be made, the Writ Petition is accordingly closed. ______________________ Justice P.S. Narayana Date : 16-11-2006 AM