APHC010014512023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. PINNAMANENI SIVA LAKSHMI NARAYANA, S/O RAMACHANDRA RAO, AGED ABOUT 45 YEARS, OCC CULTIVATION, R/O H.NO. 2 PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. 2. CHILUKURI ANUR BASHA BABU, S/O NAGESWARA RAO, AGED ABOUT 35 YEARS, OCC CULTIVATION, R/O H.NO. 3 PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. 3. POLIMETLA NAGASIVA KUMAR, S/O RARNA RAO, AGED ABOUT 43 YEARS, OCC CULTIVATION, R/O H.NO. 1 AGE, NUZVID MANDAL, ELURU DISTRICT. 4. NADELLA MADAN MOHAN RAO, S/O RADHA KRISHNA MURTHY, AGED ABOUT 49 YEARS, OCC CULTIVATION, R/O H.NO. 3 PALLERLAMUDI NUZVID MANDAL, ELURU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPA VELAGAPUDI VILLAGE, GUNTUR DISTRICI. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU. 4. THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, ELURU DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 835/2023 PINNAMANENI SIVA LAKSHMI NARAYANA, S/O RAMACHANDRA RAO, AGED ABOUT 45 YEARS, OCC CULTIVATION, R/O H.NO. 2 PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. CHILUKURI ANUR BASHA BABU, S/O NAGESWARA RAO, AGED YEARS, OCC CULTIVATION, R/O H.NO. 3 PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. POLIMETLA NAGASIVA KUMAR, S/O RARNA RAO, AGED ABOUT 43 YEARS, OCC CULTIVATION, R/O H.NO. 1-118, PALLERLAMUDI VILL AGE, NUZVID MANDAL, ELURU DISTRICT. ELLA MADAN MOHAN RAO, S/O RADHA KRISHNA MURTHY, AGED ABOUT 49 YEARS, OCC CULTIVATION, R/O H.NO. 3 PALLERLAMUDI NUZVID MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICI. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. THE DISTRICT PANCHAYAT OFFICER, ELURU. THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, ELURU IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI PINNAMANENI SIVA LAKSHMI NARAYANA, S/O RAMACHANDRA RAO, AGED ABOUT 45 YEARS, OCC CULTIVATION, R/O H.NO. 2-32, PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. CHILUKURI ANUR BASHA BABU, S/O NAGESWARA RAO, AGED YEARS, OCC CULTIVATION, R/O H.NO. 3-78, PALLERLAMUDI VILLAGE, NUZVID MANDAL, ELURU DISTRICT. POLIMETLA NAGASIVA KUMAR, S/O RARNA RAO, AGED ABOUT 43 118, PALLERLAMUDI VILL ELLA MADAN MOHAN RAO, S/O RADHA KRISHNA MURTHY, AGED ABOUT 49 YEARS, OCC CULTIVATION, R/O H.NO. 3-80, PALLERLAMUDI NUZVID MANDAL, ELURU DISTRICT. ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL RTMENT, SECRETARIAT, THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. THE DIVISIONAL PANCHAYAT OFFICER, NUZVID, ELURU 5. THE PALLERLAMUDI GRAMPANCHAYAT, REP BY IT'S PANCHAYAT SECRETARY, PALLERLAMUDI VILLAGE, NUZVID 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 topleased to issue an appropriate Writ more particularly one in the nature of Writ of Mandamus, declaring the Proceedings No. 35066/A6/2022 dated 2-01-2023 of 3rd respondent in rejecting the Panchayat Resolution No. 31 dated 28-11-2022 for extension of lease period of fishing rights of Kamatham Cheruvu Singineedi Cheruvur, Jukunta Cheruvu and Quarry Pits situated in Pallerlamudi Village, Nuzvid Mandal, Eluru District as illegal. arbitrary and violative of principles of natural justice and contrary to law, and consequently direct the 5th respondent not to interfere with fishing operations of petitioners in Kamatham Cheruvu, Singineedi Cheruvur Jukunta Cheruvu and Quarry Pits situated in Pallerlamudi Village, Nuzvid Mancipal, Eluru District in pursuance of Grampanchayat Resolution No. 31 dated 28-11-2022, 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 pleased to DIRECT the respondents not to interfere with fishing operations of petitioners in Kamatham Cheruvu, Singineedi Cheruvur, Jukunta Cheruvu and Quarry Pits situated in Pallerlamudi Village, Nuzvid Mandal, Eluru District in pursuance of Grampanchayat Resolution No. 31 dated 28-11-2022, pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1. SREENIVASA RAO VELIVELA 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 The Court made the following: ORDER This writ petition is filed to declare the proceedings of respondent no.3-The District Panchayat Officer, rejecting the resolution no.31, dated 28.11.2022 passed by Gram Panchayat for extension of lease period of fishing rights, as illegal, on the ground that the District Panchayat Officer is not competent authority to reject the resolution. 2. This Court, having observed that respondent no.3 has issued the impugned orders without having jurisdiction, granted interim suspension of the impugned proceedings. 3. Sri Sreenivasa Rao Velivela, learned counsel, submitted that in view of the interim orders granted by this Court, no further orders are required in this matter and the writ petition can be closed. 4. In view of the above, this writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI RR