APHC010274362023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13918/2023 Between: 1. KOMMINA VARALAKSHMI,, W/O. KOMMINA LAKSHMI NARAYANA, AGED. 36, R/O. H.NO. 3-41/1, PEDAVEGI MANDAL, NYAYAMPALLE, PEDAVEGI, WEST GODAVARI DISTRICT. 2. KOMMINA SOMASEKHAR,, S/O. KOMMINA GANDHI, AGED. 39, R/O. H.NO.3-86/2, KAMMATURU, PEDAVEGI MANDAL, NYAYAMPALLE, PEDAVEGI, WEST GODAVARI DISTRICT. 3. GANJI NAGARAJU,, S/O. GANGARAJU, AGED. 39, R/O. D.NO. 2-144, NYAYAMPALLI VILLAGE, PEDAVEGI MANDAL, NYAYAMPALLE, PEDAVEGI, WEST GODAVARI DISTRICT. 4. BOPPUDI SIRISHA,, W/O. BOPPUDI RAMBABU, AGED. 31, R/O. H.NO. 1-86, NYAYAMPALLE, PEDAVEGI MANDAL, NYAYAMPALLE, PEDAVEGI, WEST GODAVARI DISTRICT. 5. DANAM YESU MARIA,, W/O. DANAM NAGARAJU, AGED. 34, R/O. H.NO. 3-34, NYAYAMPALLI, MALAPALLI, WEST GODAVARI DISTRICT. 6. DAVULURI SRINIVASARAO,, S/O. DAVULURI SATYANARAYANA, AGED. 43, R/O. H.NO. 3-70/1, NYAYAMPALLI, PEDAVEGI MANDAL, NYAYAMPALLE, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 2 1. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT. 3. THE NYAYAMPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, NYAYAMPALLI, PEDAVEGI MANDAL, ELURU DISTRICT. 4. THE DIVISIONAL PANCHAYAT OFFICER, ELURU, ELURU DISTRICT. 5. THE PANCHAYAT SECRETARY, NYAYAMPALLI GRAM PANCHAYAT, PEDAVEGI, PEDAVEGI MANDAL, ELURU DISTRICT. 6. THE EXTENSION OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPT., PEDAVEGI MANDAL, ELURU DISTRICT. 7. THE MANDAL DEVELOPMENT OFFICER, PEDAVEGI MANDAL, ELURU DISTRICT. 8. THE FISHERIES DEVELOPMENT OFFICER, ELURU, ELURU DISTRICT. 9. BORUSU SAI KUMAR, S/O. VENKATESWARA RAO, AGED. 29, R/O. DOOR NO. 3-66/1, NYAYAMPALLI VILLAGE, PEDAVEGI MANDAL, ELURU DISTRICT. ...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 to issue order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in permitting the 9th respondent to harvest fish from the 'Pedda Cheruvu' Tank admeasuring Ac.55.00cents in Sy No. 67 of Nyayampalli village, Pedavegi Mandal, Eluru District without possessing any valid lease or leasehold rights for culturing the fish in the aforementioned tank as contrary to law, arbitrary, unjust and in violation of principles of Natural 3 Justice and consequently i. direct the respondents to not permit the 9th respondent to harvest or cultivate the fish in the said tank without possessing a valid lease for culturing the fish ii. direct the respondents to conduct public auction by following the procedure contemplated under G.O.MS No. 343 dated 10-4-1978 in the 'Pedda Cheruvu' Tank admeasuring Ac.55.00cents in Sy No. 67 of Nyayampalli village, Pedavegi Mandal, Eluru District and to pass IA NO: 1 OF 2023 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 respondent authorities to restrain the 9th respondent from catching the fish from the "Pedda Cheruvu" Tank admeasuring Ac.55.00cents in Sy.No.67 of Nyayampalli village, Pedavegi Mandal, Eluru District pending disposal of the writ petition and to pass Counsel for the Petitioner(S): 1. P SAI SURYA TEJA Counsel for the Respondent(S): 1. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. G L NAGESWAR RAO 4. GP FOR FISHERIES The Court made the following: 4 ORDER: Ms.B.Pooja Sree Chowdary, learned counsel representing Sri P.Sai Surya Teja, learned counsel for the petitioner submitted that the cause in the writ petition does not survive and has become infructuous. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 05th December, 2025 RKS