APHC010164102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS: 8558/2025 & 18532/2024 WRIT PETITION NO: 8558/2025 Between: 1. KALLURU MAHESWAR, S/O CHANDRA SHEKAR, AGED ABOUT 47 YEARS, R/O D.NO.14-138, CURRENT COLONY, B.KOTHAPETA, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, FISHERIES DEPARTMENT, M.G.ROAD, PORANKI, VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA (CHITTOOR) DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, RAYACHOTI, ANNAMAYYA 2 (CHITTOOR) DISTRICT. 5. THE ASSISTANT DIRECTOR OF FISHERIES, FISHERIES DEPARTMENT, MADANAPALLE, ANNAMAYYA (CHITTOOR) DISTRICT. 6. THE DIVISIONAL PANCHAYAT OFFICER, MADANAPALLE, ANNAMAYYA (CHITTOOR) DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PEDDATIPPA SAMUDRAM MANDAL, ANNAMAYYA (CHITTOOR) DISTRICT. 8. THE RAVURIVARIPALLI GRAMA PANCHAYAT, REP. BY ITS SECRETARY, PEDDATIPPA SAMUDRAM MANDAL, ANNAMAYYA (CHITTOOR) DISTRICT ...RESPONDENT(S): WRIT PETITION NO: 18532/2024 Between: 1. KALLURI MAHESWAR, S/O CHANDRA SHEKAR, AGED ABOUT 47 YEARS, R/O D.NO.14-138, CURRENT COLONY, B.KOTHAPETA, CHITTOOR, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, FISHERIES DEPARTMENT, M.G.ROAD, PORANKI, VIJAYAWADA, N.T.R. DISTRICT. 3. THE DISTRICT COLLECTOR, PANCHAYAT WING RAYACHOTI, 3 ANNAMAYYA (CHITTOOR) DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, RAYACHOTI, ANNAMAYYA (CHITTOOR) DISTRICT. 5. THE ASSISTANT DIRECTOR OF FISHERIES, FISHERIES DEPARTMENT, MADANAPALLE, ANNAMAYYA (CHITTOOR) DISTRICT. 6. THE DIVISIONAL PANCHAYAT OFFICER, MADANAPALLE, ANNAMAYYA (CHITTOOR) DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PEDDATIPPA SAMUDRAM MANDAL, ANNAMAYYA (CHITTOOR) DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FISHERIES 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps, M.P.Ps,Gram Panchayats The Court made the following: ORAL ORDER in W.P. No.8558 of 2025: Heard Sri A. Syam Sundar Reddy, learned Counsel for the Writ Petitioner, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri A. Krishna Kishore, learned Assistant Government Pleader for Fisheries. 4 2. The present Writ Petition is filed seeking the following prayer: “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 that the order of the 3rd Respondent dt. 05.03.2025 under Roc No.453/2025- A1 proposing to conduct new auction for the Fasili 1434 for the Fisheries rights in Rangasamdram Cheruvu (Tank/Pond) of Rapurivaripalli Gram Panchayat, Pedda Tippasamudram Mandal, Annamayya District, as illegal, arbitrary, unjust, violative of fundamental rights guaranteed under Article 19, 21, more particularly Article 300-A of Constitution of India and consequently set asidet he order of the 3rd Respondent dt.05-03-2025 under Roc No.453/2025-A1 by directing the Respondents to permit me to catch the fish, cultivated by me in Rangasamudram Cheruvu (Tank/Pond) of Rapurivaripalli Gram Panchayat, Pedda Tippasamudram Mandal, Annamayya District and pass such other order/orders as the Hon’ble Court may deem fit and proper under the circumstances of the case.” 3. The learned Counsel for the Writ Petitioner submits that the Writ Petitioner has been granted license conferring fishing rights in Rangasamudram Cheruvu of Rapurivaripalli Gram Panchayat, Pedda Tippasamudram Mandal, Annamayya District, for a period of one (01) year i.e., from July, 2023 to June, 2024. 4. The learned Counsel for the Writ Petitioner submits that in the normal course, the fish stock reared by him in the Rangasamudram Cheruvu ought to have been harvested by July, 2024. He would submit that in the normal 5 course, the water level in the Rangasamudram Cheruvu would be at the lowest level by the month of June every year, which makes it convenient, as a matter of practice, for the Writ Petitioner to harvest the fish during the months of May to June. 5. He would submit that on account of the high level of water being present in the Rangasamudram Cheruvu on account of excess rains and also due to the breach caused in the embankment of Handriniva Canal, excess water had flown into the Rangasamudram Cheruvu, which is the cause disabling the Writ Petitioner from harvesting the fish reared by him within the scheduled time. 6. He would submit that on account of excess rain, the high level of water continued in the Rangasamudram Cheruvu. 7. In the meantime, it is submitted that a fresh notification has been issued inviting prospective bidders for granting fishing license for the fishing year i.e., from July, 2024 to July, 2025. 8. The learned Counsel for the Writ Petitioner submits that if the successful bidder is granted the license and allowed to take possession of the Rangasamudram Cheruvu before the Writ Petitioner harvests his fish, the Writ Petitioner would be put to an irreparable loss, which cannot be compensated at any later point of time. 6 9. The learned Counsel for the Writ Petitioner would also submit that as per the Notification dated 05.03.2025, the auction is sought to be conducted on 04.04.2025. 10. He would submit that the scheduled date for conducting the auction has now been postponed and he is unaware of the next date. 11. Having regard to these facts and circumstances, this Court deems it appropriate to grant three (03) weeks further time to the Writ Petitioner, starting from today to complete the harvest. The Writ Petitioner shall complete the harvesting of the fish in the Rangasamudram Cheruvu on or before 29.04.2025 and thereafter, vacate the Rangasamudram Cheruvu lock, stock and barrel by handing it over to the Official Respondents. The proposed auction, which is to be conducted by the District Collector, Rayachoti (Respondent No.3) shall go on. However, there shall a direction to the District Collector not to permit the successful bidder to take possession of the Rangasamudram Cheruvu, till the evening of 29.04.2025. 12. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 13. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J 7 ORAL ORDER in W.P. No.18532 of 2024: Heard Sri A. Syam Sundar Reddy, learned Counsel for the Writ Petitioner, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri A. Krishna Kishore, learned Assistant Government Pleader for Fisheries. 2. In view of the Orders passed by this Court in W.P. No.8558 of 2025, the present Writ Petition has become infructuous. 3. Accordingly, the Writ Petition is disposed of as having become infructuous. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:07.04.2025 SCH 8 103 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOS.8558 OF 2025 & 18532 OF 2024 07.04.2025 SCH