APHC010225842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 11557/2026 Between: 1. TANNERU VENKATESWARLU, S/O. VENKATADRI, AGED ABOUT 54 YEARS, R/O. D.NO. 15-237, MUTLURU VILLAGE, VATTICHERUKURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. - 522212. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT PEPARTMENT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-AP522238. 2. THE DISTRICT COLLECTOR, GUNTUR CITY AND DISTRICT, A.P- 522007. 3. THE DISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT-AP-522007. 4. MUTLURU GRAM PANCHAYATH, REP BY ITS PANCHAYAT SECRETARY, MUTIURU VILLAGE, VATTICHERUKURU MANDAL, GUNTUR DISTRICT-AP-52221 2. ...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of respondent no. 4 in not extending the lease period in favour of the petitioner for harvesting fish bred by him by considering his representations as illegal, arbitrary, unconstitutional and violation of rights guaranteed under Articles 14, 19, 21, 300-A of Indian Constitution and consequently direct respondent no.4 to extend the period of lease to the petitioner to enable him to harvest his fish crop from the village tank Yerra Cheruvu / Oora Cheruvu on payment of a reasonable amount to respondent no.4 and to pass IA NO: 1 OF 2026 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 respondent no.4 to consider the representations made by the petitioner for extension of fishing rights in “Yerra Cheruvu / Oora Cheruvu” pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. UMA MAHESWAR KATAKAMSETTY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: :: ORDER :: The above writ petition was filed to declare the action of respondent No.4 in not extending the lease period in favour of the petitioner for harvesting the fish by considering the representation dated 16.04.2026 (Ex.P10), as illegal and arbitrary. 2. Heard Sri K. Umamaheswar, learned counsel for the petitioner, Sri Panuku Rajesh Kumar, learned Assistant Government Pleader, appeared for respondents 1 to 3 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondent No.4. Page 3 of 6 3. Learned counsel for the petitioner would submit that an auction was conducted by the Panchayat Secretary of respondent No.4 for the years 2023- 2024 & 2024-2025, for fishing rights of Yerra Cheruvu/Oora Cheruvu situated in Mutluru Village, Vatticheruvu Mandal, Guntur District. One Sri Gunji Veeraiah became the successful bidder, and the auction was knocked down for Rs.2,44,000/-, for two years. The amount was paid to the Gram Panchayat. Due to health problems, the successful bidder and the petitioner entered into the lease agreement, and the petitioner started rearing the fish in the tank. The petitioner could not catch the fish due to the excess water level in the tank before the expiry of the lease period. The petitioner made several representations. The latest one is Ex.P10. Learned counsel would also submit that the petitioner is ready to catch the fish by paying a reasonable amount to respondent No.4. Despite representation vide Ex.P10, no order was passed by respondent No.4. 4. The writ petition was listed on 28.04.2026. This Court directed the learned counsel appearing for the Gram Panchayat to get instructions. Since proper instructions were not placed before this Court, on 30.04.2026, this Court directed the learned Panchayat Secretary of respondent No.4 to appear before this Court along with the records. 5. Today, when the matter is taken up, Sri M. Venkata Reddy, learned Panchayat Development Officer / Panchayat Secretary of Mutlur Village, appeared before this Court. 6. Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel appearing for respondent No.4 submitted the written instructions. As seen from the written instructions, it was stated as follows: “It is submitted that auction was conducted in the year 2023 and one Ganji Veerayya was participated in the auction and he is highest bidder for an amount of Rs.2,44,000/-. It is also submitted that due to ill health, Ganji Veerayya granted a sub-lease in favour of the petitioner. It is further submitted that, since the lease period of two years is ending on 30.06.2025, then this Gram Panchayat is taking measures to conduct open auction for the year 2025-2027. It is humbly submitted that the previous Panchayat Secretary namely Dharmavarapu Samba Siva rao of 4th respondent Mutlur Gram Panchayat has proposed the upset price for the year 2025-2027 and sent the proposal to the Divisional Panchayat Officer, Guntur. It is humbly submitted that the Divisional Panchayat Officer, Guntur Division has decided the upset price for Rs.6,00,000/-. It is submitted that basing on the upset price, this Gram Panchayat conducted 2 times public auction on 14.10.2025 and 22.10.2025 but no one participated in the public auction. So, this Gram Panchayat is going to conduct auction for the 3rd time on 09.05.2026. It is humbly submitted that in the enquiry done by this 4th respondent gram panchayat it is said that there are reared fishes been in the Ooru cheruvu. It is humbly submitted that the fishes has been reared by the petitioner who has took for sub-lease from Highest bidder Ganji Verrayya. It is humbly submitted that from dt.15-05-2025 to 30- 05-2025 due to heavy rains the excess rain water has been into the cheruvu so the cheruvu water level was 30 feet in depth, it is not possible to catch the fishes in the cheruvu. It is humbly submitted that because of the rains only some fishes are been catched and the rest are still in the cheruvu.” 7. Thus, as seen from the written instructions, there is no dispute that the petitioner could not catch the fish due to heavy rains and excess rainwater. 8. When this Court posed a question regarding the representation made by the petitioner vide Ex.P10, the learned Panchayat Secretary would submit that he would address a letter to the higher authority to issue appropriate orders in that regard. 9. It is an unfortunate state of affairs that the Panchayat Secretary of respondent No.4 received representation on 16.04.2026, but no steps have been taken so far. In fact, he would fairly submit that due to the fish in the tank, no one is coming forward to participate in the auction. 10. Initially, the writ petition was listed on 28.04.2026 and thereafter on 30.04.2026. Even in the instructions submitted by learned Panchayat Secretary dated 04.05.2026, nothing was mentioned regarding Ex.P10 representation. In fact, the learned Panchayat Secretary would submit that the auction will be conducted on 09.05.2026. 11. Given the facts and circumstances of the case, the Writ Petition is disposed of, directing the authority concerned to consider the representation made by the petitioner vide Ex.P10 and pass appropriate orders, within one (01) week from today. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.05.2026 TVN 59 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.11557 OF 2026 Date: 05.05.2026 TVN