APHC010371452025 IN THE HIGH COURT OF ANDHRA PRADESH^ AT AMARAVATI (Special Original Jurisdiction) V,'-‘ THURSDAY, THE TWENTY FOURTH DAYOF JULYv/ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 18900 OF 907^ NIMMAGADDA Between: OangisettURadha Krishna, S/o. Kannaish R/o. 3-120A, Moturu Village, Gudivada Pradesh. . Aged 29 Years, Occ; Cultivation, Mandal Krishna District, Andhra ...Petitioner AND 1. The State of Andhra Pradesh Panchayat Raj Department, Amaravathi, Andhra Pradesh 2. The District Collector, Krishna Distfe at Machilipatnam 3. The Tahsildar, Gudivada l^andal, Eluru 4. The Village Surveyor, Moturu '-Village, Gudivada'"Mandal, Krishna District. ^ represented by its Principal Secretary, Secretariat Buildings, Velagapudi, District 5. Moturu Grama Panchayat, Represented f Moturu Village Gudivada^^Mandal, Krishna District. 6. The Divisional Panchayat Officer, Gudivada by its Panchayat Secretary Krishna District. - ' ...Respondents of India praying that in the the High Court may be or direction more particularly one in the nature Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a writ, order of WRIT OF MANDAMUS declaring the action of Respondents, more particularly the 5th Respondent in conducting the public auction of the Bukka Vari Cheruvu fish tank, located in Sy.No.320/1 in Moturu Village, Gudivada Mandal, Krishna District, for the period 2025 to 2028, without considering the Representation dated 25.06.2025 submitted to Respondents No.2 to 5, for determining the true extent of the said Bukka Vari Cheruvu and for extending the lease period to compensate for the discrepancy in the actual extent of the said fish tank as illegal, arbitrary, irregular, and amounts to non-discharge of the duty and violative of Articles 14, 21 and 300-A of the Constitution of India and it is further consequentially prayed that this Hon’ble Court may be pleased to direct the Respondent No.5 to extend the lease period of the Petitioner compensate for the discrepancy in the actual extent of the Bukka Vari Cheruvu. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.2 to 5 to consider my representation dated 25.06.2025 submitted for determining the true extent of the said Bukka Vari Cheruvu located in Sy.No.320/1 in Moturu Village, Gudivada Mandal, Krishna District and for extending the lease period to compensate for the discrepancy in the actual extent of the said fish tank, pending disposal of the main Writ Petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay th^ final Notice issued by the 5th Respondent vide Roc. No.11/^025, dated 11.06.2025, pending disposal of the main Writ Petition. Counsel for the Petitioner- Counsel for the Respondent Nos. M/S. PASALAPUDI SATYA HARITHA 1 & 6: GP FOR PANCHAYAT f?AJ RURAL DEV 2, 3 & 4: GP FOR REVENUE SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) Counsel for the Respondent Nos. Counsel for the Respondent No.5: The Court made the following order: APHC010371452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BEH [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 189QQ/2Q2fi Between: 1.GANGISETTI RADHA KRISHNA, S/0. KANNAISH, AGED 29 YEARS, R/0. 3-120A,MOTURU VILLAGE, GUDIVADA OCC CULTIVATION, MANDAL KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS. SECRETARY, PANCHAYAT RAJ DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH 2.THE DISTRICT COLLECTOR, MACHILIPATNAM 3.THE TAHSILDAR, GUDIVADA MANDAL, ELURU DISTRICT 4. THE VILLAGE SURVEYOR, MANDAL, KRISHNA DISTRICT. 5.MOTURU GRAMA PANCHAYAT, PANCHAYAT SECRETARY, MANDAL, KRISHNADISTRICT. 6.THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT. PRINCIPAL SECRETARIAT KRISHNA DISTRICT AT MOTURU VILLAGE, GUDIVADA REPRESENTED BY ITS MOTURU VILLAGE GUDIVADA ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents more particularly the 5th Respondent in conducting the public auction of Bukka Van Cheruvu fish tank, located in Sy.No.320/1 in Moturu Village Gudivada Mandal, Krishna District, for the period 2025 to 2028, considering the Representation dated 25.06.2025 submitted to Respondents No.2 to 5. fordetermining the true extent of the said Bukka Vari Cheruvu for extending the lease period to compensate for the discrepancy in the actual extent of the said fish tank as illegal, arbitrary, irregular, and amounts to discharge of the duty and violative of Articles 14, 21 and 300-A of the Constitution of Indiaand it is further consequentially prayed that this Honble Court may be pleased to direct the Respondent No.5 to extend the lease period of the Petitioner compensate for the discrepancy in the actual extent of theBukka Vari Cheruvuand pass su lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents No.2 to 5 to consider my representation dated 25.06.2025 submitted fordetermining the true extent of the said Bukka Vari Cheruvu located in Sy.No.320./1 in Moturu Village, Gudivada Mandal. Krishna Districtand for extending the lease period to compensate for the discrepancy in the actual extent of the said fish tank, pending disposal of the main Writ Petitionand pass lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to stay the final Notice issued by the 5th Respondent vide Roc. No. 11/2025, dated 11.06.2025, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.PASALAPUDI SATYA HARITHA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: the ■I without and non- 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18900/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declaring the action of respondents, more particularly the 5^^ respondent in conducting the public auction of the Bukka Vari Cheruvu fish tank, located in Sy. No. 320/1 in Moturu Village, Gudivada Mandal, Krishna District, for the period 2025 to 2028, 25.06.2025 submitted to without considering the representation dated respondents No. 2 to 5, fordetermining the true extent of the said Bukka Cheruvu and for extending the lease period to compensate for the discrepancy in the actual extent of the said fish tank as illegal, arbitrary, irregular, and amounts to non-discharge of the duty and violative of Articles 14, 21 and 300-A of the Constitution of India and it is further conseguentially prayed that this Hon’ble Court may be pleased to direct the Respondent No. 5 to extend the lease period of the Petitioner to compensate for the discrepancy in the actual extent of the Bukka Vari Cheruvu and and pass such other order." Vari 2. Heard the learned counsel for the petitioner, Sri Y.Koteswara Rao, learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner is the existing lease holder of fish tank known as Bukka Vari Cheruvu, Moturu Village, Gudivada Mandal, Krishna District for a period the period 2022 to 2025. As per the final notice issued by 4 the 5‘^ respondent dated 11.06.2025, the lease period of the petitioner was ended by 30.06.2025. Due to the terms of the lease agreement, the petitioner has to remit entire lease amount on or before 31.03.2025, but so far the petitioner did not choose to pay the balance amount of Rs.2,70,000/- even after lapse of four months period from the cut of date for final payment. 4. Learned counsel for the petitioner further submits that the th petitioner is ready to deposit the balance amount with the 5 respondent/Gram Panchayat as per the terms of final notice dated 11.06.2025. Even though the petitioner submitted representation dated 25.06.2025 seeking extension of lease in his favour, due to this discrepancy, the respondent neither considered the representation and extended the period of lease nor issued any other proceedings. Hence, the present Writ Petition. th 5. On the other hand, learned Standing Counsel for the 5 respondent/Gram Panchayat submits that the Gram Panchayat had resolved on 18.06.2025 at item No.8 requested the DPO/OLPO i.e., 6‘^ respondent herein to fix the upset price for conducting public auction of the fish tanks for the fish culture years 2025-2026, 2026- 2027 and 2027-2026. After fixing the upset price, the Gram Panchayat will proceed further in accordance with law. He further submits that the Gram Panchayat is taking steps for conducting fresh auction in respect of the fish tank i.e., Bukka Vari Cheruvu. Since, 0 the petitioner herein is in default of payment of lease amount for the earlier period, the representation of the petitioner would not be considered by the 5^^ respondent/Gram Panchayat, since the petitioner is committed default by which he violated the terms of the auction/agreement. 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is observed that as per final notice of the respondent dated 11.06.2025, the petitioner is under due for an amount of Rs.2,70,000/- in respect of the earlier lease which was completed on 30.06.2025. Even after lapse of four months period from the date of auction due amount to be payable to the Gram Panchayat, but the petitioner did not choose to pay the same. In view of failure on the part of the petitioner, the petitioner cannot be permitted to adjudicate his legal rights for further extension of lease period. However, the petitioner is ready to deposit amount due to the 5“" respondent/G Panchyat i.e., Rs.2,70,000/-, within a period of two(2) weeks from the date of receipt of copy of this Order. After such deposit of the amount, if the 5‘^ respondent is not proceeded with fresh auction in respect of the subject fish tank for the years 2025 to 2028, the representation of the petitioner may be considered and appropriate orders in accordance with law. If the petitioner did not ram pass 6 deposit the due amount to the 5'^ respondent/Gram Panchayat, the 5*^ respondent is at liberty to proceed further in accordance with law. 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Amaravathi, Andhra Pradesh 2. The District Collector,Krishna Districtat Machilipatnam 3. The Tahsildar, Gudivada Mandal, Eluru District ' 4. The Village Surveyor, Moturu Village, Gudivada Mandal, Krishna District. 5. The Panchayat Secretary, Moturu Grama''Panchayat, Moturu Village Gudivada Mandal, Krishna District. 6. The Divisional Panchayat OfficerTCudivada, Krishna District. 7. One CC to M/s. Pasalapudi Sa^a Haritha Advocate [OPUC] 8. One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP) Advocate [OPUC] 9. Two CCs to GP for Panchayat^Raj Rural Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF •a HIGH COURT DATED;24/07/2025 ORDER WP NO. 18900 OF 2025 gT 18 AUG 2025 jg ^■^ssfAisass^ DISPOSING OF THE W.P., WITHOUT COSTS