IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE I. PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR^ AND THE HON’BLE SRI JUSTICE R RAGHUNANDAN RAO. WRIT APPEAL NO: 83 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 01-05-2024 in WP No. 7253 of 2022 on the file of the High Court. ^ Between: 1. V. Kota Gram Panchayath, V. Kota, Chittoor District. Rep. by its Sarpanch, P.N. Lakshmi, W/o P.N. Krishnappa, Aged 66 years, R/o D.No. 6-34/1, Sai Garden, P.N.K. Buildings, Venkatagirikota, Chittoor District - 517 424. 2. P.N. Lakshmi, W/o P.N. Krishnappa, Aged 66 years, Sarpanch, V.Kota Gram Panchayath, R/o D.NO. 6-34/1, Sai Garden, P.N.K. Buildings Venkatagirikota, Chittoor District - 517 424 ...APPELLANTS/THIRD PARTIES, AND 1. K. Panduranga Rao, S/o K. Krishnoji Rao, Aged 67 years, R/o K.Kothuru Village, V. Kota Mandal, Chittoor District - 517 424 2. S.A. Khaleefulla, S/o Late S.A. Lateef Saheb, Aged 72 years, R/o D.NO. 5-168, Bazar Street, V.Kota, Chittoor District - 517 424. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj, Secretariat, Velagapudi Village, Amaravathi Mandal, Guntur District - 500022. 4. The District Panchayath Officer, Chittoor-517 001. 5. The Divisional Panchayath Officer, Madanapalle, Chittoor District - 517 , 325. p 6. The V.Kota Grampanchayat, Rep. by its Secretary, V.Kota, Chittoor District - 517 424. 7. The Assistant Director of Fisheries, Chittoor - 517 001. 8. The Assistant Inspector of Fisheries, Palamaner, Chittoor District. 9. The Sub-Inspector of Police, V.Kota Police Station, V.Kota, Chittoor District - 517 424. 10. S. Zaheer Basha, S/o S. Haneef Saheb, Aged 46 years, R/o Masjid Street, Dhannupuram, V.Kota, Chittoor District - 517 424. ...RESPONDENTS- lA NO: 4 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 suspend the operation of the learned of the learned Single Judge in W.P.No. 7253 of 2022 dt. 01-05-2024.^ Counsel for the Appellant: SRI MAHADEV ANYARAMBHATLA _ Counsel for the Respondent Nos. 1 «& 2: SRI S S BHATT..- Counsel for the Respondent Nos. 3 to 6: GP FOR PANCHAYAT RAJ & RURAL DEV Counsel for the Respondent Nos. 7 & 8: GP FOR FISHERIES ^ Counsel for the Respondent No.9: GP FOR HOME_^ Counsel for the Respondent No.10: -- The Court made the following: JUDGMENT 1 HCJ &RRR,J W.A.No.83 of 2025 APHC010580322024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3446] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 83/2025 Between: V. Kota Gram Panchayath, and Others ...APPELLANT(S) AND K Panduranga Rao and Others Counsel for the Appellant(S): ...RESPONDENT(S) 1. MAHADEV ANYARAMBHATLA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR FISHERIES 4.SSBHATT The Court made the following Judgment: (Per Hon’ble Sri Justice R. Raghunandan Rao) Heard Sri A. Mahadev, learned counsel appearing for the appellants, Sri S.S. Bhatt, learned counsel appearing for respondents 1 & 2, learned G.P. for Panchayat Raj appearing for respondents 3 to 6, learned G.P. for Fisheries « 2 HCJ &RRR,J W.A.No.83 of 2025 appearing for respondents 7 and 8 and learned G.P. for Home for respondent No.10. 2. A tank, by name, Keelapalle Tank, is situated in Sy.No.207 of V.Kota Gram Panchayat, Chittoor District. Respondents 1 and 2 claim that fishing rights in respect of the said tank as well as the tank itself belongs to the family of the respondents. In 1974, the father of the respondent and the father of the 2"^^ respondent filed O.S.No.54 of 1974 before the District Munsiff, Kuppam, against V.Kota Gram Panchayat, which was seeking to interfere with the fishing rights of the plaintiffs therein. This suit was decreed on 30.12.1975 in favour of the plaintiffs, whereby a decree of permanent injunction was granted, restraining the Gram Panchayat and other defendants in the suit, from interfering with their peaceful possession and enjoyment of the fishing rights in respect of the said tank. This judgment became final there was no appeal against this judgment. In the year 2021, the Gram Panchayat along with the Fisheries Department initiated steps for auctioning the fishing rights in respect of this tank. Aggrieved by the said action of the Gram Panchayat and the Fisheries Department, respondents 1 and 2 submitted a representation dated 30.12.2021, to the Director of Fisheries, not to proceed with any auction of the fishing rights. as 3. However, the Panchayat Secretary of the Gram Panchayat went ahead with the conduct of public auction and granted fishing rights to the successful tenderer by way of proceedings, dated 07.01.2022. 4. 3 HCJ &RRR,J W.A.No.83 of 2025 Aggrieved by the said grant of fishing rights to a third party, respondents 1 and 2 approached this Court by way of W.P.No.7253 of 2022 for setting aside the said auction proceedings and the consequential proceeding, dated 07.01.2022, granting fishing rights to the successful bidder. The appellants herein opposed the said writ petition on the ground that the tank vests with the Gram Panchayat and they are entitled to auction the fishing rights. The appellants contended that the findings recorded by the District Munsiff in O.S.No.54 of 1974 did not include any finding that a patta was granted in favour of the ancestors of respondents 1 and 2 and that in view of Section 56 of the A.P. Panchayat Raj Act, 1994 (for short 'the Act’) the fishing rights in the tank vested with the Gram Panchayat, due to which the Gram Panchayat has absolute rights over the tank including fishing rights. The learned Single Judge, after going through the judgment and decree in O.S.No.54 of 1974, had noticed that there was a finding by the District Munsiff that “so long as the original grant by the Government in favour of the predecessors in title of the plaintiffs has not been questioned by the defendants, I find there is nothing compelling the plaintiffs requiring them to add the Government as party to the suit and that for its non-joinder the suit is bad.” The learned Single Judge took the view that these observations of the District Munsiff make out a clear case, of rights, in favour of respondents 1 and 2 and allowed the writ petition setting aside the auction conducted in relation to the fishing rights in the tank, by way of judgment dated 01.05.2024. 5. 6. 7. 5. 6. 7. HCJ &RRR,J W.A.No.83 of 2025 r 8. Aggrieved by the said judgment, the Gram Panchayat has filed the present appeal. Sri A. Mahadev, learned counsel appearing for the appellants would contend that irrespective of the judgment of the District Munsiff, the provisions of Section 56 read with Section 80 of the Act vest the tank as well as the fishing rights in the Gram Panchayat. He would submit that on account of this provision of law, the judgment of the District Munsiff would not be applicable and the Gram Panchayat has an absolute right to auction the fishing rights in the tank. 9. 10. Section 56 and Section 80 of the Act read as follows: 56. Maintenance of irrigation works, execution of kudimaramat etc.;- (1) (a) Subject to suchconditions and control as may be prescribed, the Government may transfer to any Gram Panchayat theprotection and maintenance of any village irrigation work, the regulation of turns of irrigation, or ofdistribution of water from any such irrigation work to the field depending on it. (b) Subject to such restriction and control as may be prescribed, the fishery rights inminor irrigation tanks and the right to auction weeds and reeds in such tanks and the right to planttrees on the bunds of such tanks and enjoy the usufruct thereof shall vest in the Gram Panchayat. (2) The Gram Panchayat shall have power, subject to such restrictions and control as maybe prescribed, to execute kudimaramat in respect of any irrigation HCJ &RRR,J W.A.No.83 of 2025 P source in the village and to levysuch fee and on such basis for the purposes thereof as may be prescribed; Provided that nothing in this section shatl be deemed to relieve the village community or anyof its members of its or his liability under the Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858 (Central Act 1 of 1858) or any other law similar thereto for the time being in force inrespect of any irrigation source in the village, in case the Gram Panchayat makes default in executing the kudimaramat in respect of that irrigation source. 80. Vesting of water works in Gram Panchayats;- (1) All public water-courses. springs, reservoirs,tanks, cisterns, fountains, wells, stand pipes and other water works (including those used by the publicto such an extent as to give a prescriptive right to their use) whether existing at the commencement ofthis Act or afterwards made, laid erected and whether made, laid or erected at the cost of the GramPanchayat or otherwise for the or use or benefit of the public, and also any adjacent land, not beingprivate property, appertaining thereto shall vest in the Gram Panchayat and be subject to its control: Provided that nothing in this sub-section shall apply to any work which is, or is connectedwith, a work of irrigation or to any adjacent land appertaining to any such work. (2) Subject to such restrictions and control as may be prescribed, the Gram Panchayatshall have the fishery rights in any water work vested in it under sub- 6 HCJ &RRR,J W.A.No.83 of 2025 section (1), the right to supplywater from any such work for raising seed beds on payment of the prescribed fee, and the right to usethe adjacent land appertaining thereto for planting of trees and enjoying the usufruct thereof or for like purpose. (3) The Government may, by notification, define or limit such control or may, assume theadministration of any public source of water supply and public land adjacent and appertaining theretoafter consulting, the Gram Panchayat and giving due regard to its objections, if any. A reading of these provisions would show that all tanks, water courses and water works etc., in the Gram Panchayat would vest with the Gram Panchayat, subject to the condition that they are not private property. In the present case, the observations of the District Munsiff, as noticed by the learned Single Judge, make out a case to private ownership of the tank and fishing rights in the tank. In such a situation, the aforesaid provisions would be of no avail to the appellants. In the circumstances, nothing further survives in the writ appeal. 11. 12. Accordingly, the writ appeal is dismissed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- M.PvAMESH BABU DEPUTY REGISTRAR //TRUE COPY// To, 1. One CC to Sri Mahadev Anyarambhatia, Advocate [OPUC]^^ 2. One CC to Sri S S Bhatt, Advocate [OPUC] 3. Two CCS to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh. [OUT] 4. Two CCS to GP for Fisheries, High Court of Andhra Pradesh. [OUTT Two CCs to GP for Home, 6. Three CD Copies High Court of Andhra Pradesh. [OUT] 5. TF •V HIGH COURT DATED:20/03/2025 JUDGMENT WA.No.83 of 2025 DISMISSING THE W.A., WITHOUT COSTS