APHC010399002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WP(PIL) NO: 146 of 2025 [3483] Kakarla Krishna Murthy, ...Petitioner Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Mrs. Nimmagadda Revathi Advocate for Respondents: GP for Panchayat Raj & Rural Dev CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 6th August 2025 P C : In the present petition, the petitioner apprehends that fishing rights may be granted in favour of respondent No.7 by respondent Nos.5 and 6 i.e., Gram Panchayat of Elaprolu and the Sarpanch of the said Gram Panchayat, without conducting any auction. The grant of fishing rights, it is not denied, is governed by rules which are duly notified and inter alia prescribe as under: 3 (a) (1) The Gram Panchayat shall leased out except sources apart for Washing of clothes by the local washer men, the rights of fishing in minor irrigation tanks and other tanks 2 HCJ & RC, J WP(PIL)_146 _2025 vested in it under clause (b) of sub-section 85 of the A.P. Gram Panchayat Act 1964 (here after called the Act) without public auction to the Fishermen cooperative Society of the local area. (ii) The Gram Panchayat shall leased out the right of fishing in the tanks set part for washing of clothes under clause (a) of subsection (1) of section 86 of the Act. To the local Rajaka Seva Sangham without public auction. (iii) The Gram Panchayat shall leased out rights of fishing in the tanks lying in the schedules areas, only to FCSs consisting of STs as members or in the absence of the above to the STs only through open auction. The very basis of the claim of the petitioner that the fishing rights cannot be given other than through open auction is belied by Rule 3(a)(i) which does envisage granting of such rights without public auction to the Fishermen Cooperative Society of the local area. Although learned counsel for the petitioner would submit that private respondent No.7 does not qualify to be a Fishermen’s Cooperative Society of the local area, yet there is no basis laid out in the petition in this regard. Even otherwise, we feel that the petitioner has no locus to challenge the ground of fishing rights inasmuch as if there is any Fishermen’s Cooperative Society, who considers that they had a better right, they would certainly come forward to throw a challenge to the grant of such fishing rights. 3 HCJ & RC, J WP(PIL)_146 _2025 In any case, the petition is clearly premature as no rights have been granted as such. We find that the petition is totally misconceived and is, accordingly, dismissed. No costs. Pending miscellaneous applications, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ. RAVI CHEEMALAPATI, J. AKN 4 HCJ & RC, J WP(PIL)_146 _2025 __251__ HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE RAVI CHEEMALAPATI W.P.(PIL) No.146 of 2025 Dt: 06.08.2025 akn