APHC010459842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23947 OF 2025 Between: The Vinnakota SC Fishermen Cooperative Society, Regd. Vinnakota Village and Gram Panchayat, Gudlavalleru Mandal, Krishna District, Sambaiah No. E-124, Rep. by its President, Mutyala Chinna Subbaiah S/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary - Panchayat Raj and Rural Development Guntur District. 2. The District Collector, Krishna District, Machilipatnam, Krishna District. 3. The District Panchayat Officer, Krishna District, Machillipatnam Divisional Panchayat Officer, Gudivada, Krishna District. 4. The Divisional Panchayat Officer, Gudivada, Krishna District. 5. The Joint DirectorFisheries, Fisheries Department, Krishna District. 6. The Assistant Director-Fisheries, Machilipatnam, Krishna District. 7. The Mandal Parishad Development Officer, Gudlavalleru, Krishna District. 8. The Fisheries Development Officer, Gudivada, Krishna Distric Secretariat, Velagapudi, The Machilipatnam, Gudlavalleru Mandal, 9. Kattavanicheruvu Gram Panchayat Kattavanicheruvu Village, Gudlavalleru Mandal, Krishna District, Rep by its Panchayat Secretary ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 2 the High Court may be to 9 in not extend the lease period for one more year on the ground that the tanks handed the petitioners society after one and half year out considering the representations dated 10.04.2023 and arbitrary and consequently direct the period for one more year for the fishing rights over the tanks of the 9th respondent gram Panchayat. over to of three years by and 21.04.2025 as illegal respondents to extend the lease lA NO: 1 OF 2Q2fi 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 grant interim direction directing the respondents to consider the dated 10.04.2023 and 19.04.2025 for representation extending the lease period for fishing rights over the tanks of the 9th respondent gram panchayat, pending disposal of the above writ petition. Counsel for the Petitioner: SRI B V ANJANEYULU Counsel for the Respondent Nos. 1 to 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 5, 6 and 8: GP FOR FISHERIES Counsel for the Respondent Nos 7 and 9: SRI Y KOTESWARA RAO SC FORZPP, MPP AND GP The Court made the following order: APHC010459842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23947/2025 Between; 1.THE VINNAKOTA SC FISHERMEN COOPERATIVE SOCIETY, REGD. NO. E-124, VINNAKOTA VILLAGE AND GRAM PANCHAYAT, GUDLAVALLERU MANDAL, KRISHNA DISTRICT, PRESIDENT, MUTYALA CHINNA SUBBAIAH, S/0. SAMBAIAH REP. BY ITS ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY - PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, KRISHNA DISTRICT. 3.THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILLIPATNAM GUDIVADA, KRISHNA DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, 4.THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT. 5.THE JOINT DIRECTORFISHERIES, FISHERIES DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT. 6.THE ASSISTANT DIRECTORFISHERIES, MACHILIPATNAM, KRISHNA DISTRICT. 7.THE MANDAL PARISHAD DEVELOPMENT OFFICER, 2 GUDLAVALLERU MANDAL, GUDLAVALLERU, KRISHNA DISTRICT. 8.THE FISHERIES DEVELOPMENT OFFICER, GUDIVADA, KRISHNA DISTRIC 9.KATTAVANICHERUVU GRAM PANCHAYAT, KATTAVANICHERUVU VILLAGE, GUDLAVALLERU MANDAL, KRISHNA DISTRICT, REP BY ITS PANCHAYAT SECRETARY ...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 of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 2 to 9 in not extend the lease period for one more year on the ground that the tanks handed over to the petitioners society after one and half year out of three years by considering the representations dated 10.04.2023 illegal and arbitrary and consequently direct the respondents to extend the lease period for one more year for the fishing rights over the tanks of the 9th respondent gram panchayat and pass 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 grant interim direction directing the respondents to consider the representation dated 10.04.2023 and 19.04.2025 for extending the lease period for fishing rights over the tanks of the 9th respondent gram panchayat, pending disposal of the above writ petition and pass s Counsel for the Petitioner: 21.04.2025 as 1.B VANJANEYULU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FISHERIES The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23947/2025 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 in the nature of Writ of Mandamus declaring the action of the respondent Nos. 2 to 9 in not extend the lease period for one more year on the ground that the tanks handed over to the petitioner’s society after one and half year out of three years by considering the representations dated 10.04.2023 21.04.2025 as illegal and arbitrary and consequently direct the respondents to extend the lease period for year for the fishing rights over the tanks of the 9^^ respondent gram panchayat and pass such other order. ” one one more 2. Heard the learned counsel for the petitioner, learned Standing Counsel for respondent Nos.7 and 9 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner was granted lease in respect of fishing rights over the tanks vested with the 9**^ respondent/Gram Panchayat for a period of three years i.e., 1"* June 2022-2023 to 2024-2025 vide proceedings dated 23.11.2022, as such the petitioner is an existing lessee. He further submits that even though the lease was granted for three fasli years starting from 2022-2023 to 2024-2025, but due to various reasons the tanks were handed over only on 28.12.2023. By which, the petitioner4os| one fasli/fishing year i.e., 2022-2023. As such, the petitioner submitted a representation seeking for extension of lease period for one more year on the ground that the tanks were handed over to the petitioner after completion of fishing year 2022-2023. Even though, the representation was submitted on 21.04.2025, respondent No.9 who is the authority to extend the lease period neither considered the same and extended the period nor issued any other proceedings so far. Hence, the Writ Petition. 4. Even though the learned Standing Counsel for respondent Nos.7 and 9 sought time for instructions, but did not obtained instructions so far. On the other hand, learned Standing Counsel submitted that since, the petitioner submitted a representation seeking for extension of lease period that would be considered basing upon the facts and circumstances in accordance with law. any 5. Considering the submissions made by both the learned counsel and on perusal of the mater placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the 9*'^ respondent to consider the representation/claim of the petitioner with the approval of the 4'^ respondent and pass appropriate orders, after providing opportunity of hearing to the petitioner, within a period of four(4) weeks from the date of receipt of copy of this Order. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 5 s As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/. K. TATA RAO deputy registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District. 2. The District Collector, Krishna District, Machilipatnam, Krishna District. District Panchayat Officer, Krishna District, Machillipatnam The 3. The Divisional Panchayat Officer, Gudivada, Krishna District. 4. The Divisional Panchayat Officer, Gudivada, Krishna District. Director-Fisheries, Fisheries, Department, Machilipatnam 5. The Joint Krishna District. Assistant Director-Fisheries, Machilipatnam, Krishna District. Parishad Development Officer, Gudlavalleru Mandal 6. The 7. The Mandal Gudlavalleru, Krishna District. 8. The Fisheries Development Officer, Gudivada, Krishna Distric Kattavanicheruvu Gram Panchayat 9. The Panchayat Secretary Kattavanicheruvu Village, Gudlavalleru Mandal, Krishna District One CC to Sri. B V Anjaneyulu Advocate [OPUO; One CC to Sri. Y Koteswara Rao SC for ZF'P, MPP and GP 10. 11. [OPUC] GP for Panchayat Raj Rural Dev, Fligh Court of Two CCs to Andhra Pradesh [OUT] Two CCs to 12. GP for Fisheries High Court of Andhra Pradesh 13. [OUT] Two CD Copies 14. GSC HIGH COURT DATED;! 7/09/2025 ORDER WP NO. 23947 OF 2025 rP\ 7^ a 2 0SEP2075 r c <5^ rrentSectio ■ky DISPOSING THE WP WITHOUT COSTS