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Date of reserved for orders: Date of pronouncement :07.07.2026 Date of uploading : APHC010112162024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 5819/2024 Between:
1. KONDA SUBBA RAJU,, S/O K. HANUMANTHU RAJU, AGED 62 YEARS, R/O D.NO.7-123, SANTHA BAZAR, GUNDAGOLANU VILLAGE, ELURU DISTRICT. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOLLAPUDI, VIJAYAWADA, ANDHRA PRADESH. 3. ASSISTANT COMMISSIONER OF ENDOWMENTS, GADEVARI VEEDHI, POVERPETA, ELURU, ELURU DISTRICT. 4. SRI VENKATESWARA SWAMI VARI DEVASTHANAM, DWARAKA TIRUMALA, BHIMADOLU 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 writ order more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in issuing the notification vide REV65/12/2022-C2, dated 22/02/2024, without considering
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petitioners representation pending before 2nd to 4th respondents for extension of lease of fresh water aqua culture in land admeasuring an extent of Ac. 5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru District as illegal, arbitrary and consequently set aside the notification vide REV65/12/2022-C2, dated 22/02/2024 in respect of (item no 10) only property leased to the petitioner and consequently direct the 2nd and 4th respondents to extend the lease of petitioner for fresh aqua culture in land admeasuring an extent of Ac. 5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru District for a further period of two years by making it clear that, the term of lease shall be extended keeping in the view of prevailed covid conditions and financial crisis in the state and pass IA NO: 1 OF 2024 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 may be pleased to STAY the respondent authorities in proceeding further for conducting any auction in respect of land leased out to petitioner admeasuring an extent of Ac.
5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru District suspending the notification vide REV65/12/2022-C2, dated 22/02/2024 for item 10 only and pass IA NO: 2 OF 2024 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 vacate the interim order passed in WP no. 5819 of 2024 dated 05-03-2024 and pass IA NO: 3 OF 2024 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 permit the petitioners to implead the Rallapalli Naresh Kumar, S/o R. Nageswararao, aged about 50 years, R/o H.No.9-13, Pulla Street, Gundugolonu, Bhimadolu Mandal, Eluru District, Andhra Pradesh as respondent no 5 and pass IA NO: 4 OF 2024 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 grant leave to file the present reply affidavit
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Counsel for the Petitioner:
1. PONNADA SREE VYAS Counsel for the Respondent(S):
1. GP FOR ENDOWMENTS
2. PULIPATI RADHIKA The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.5819 OF 2024
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
“…issue writ, order more particularly in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in issuing the notification vide REV65/12/2022-C2, dated 22/02/2024, without considering petitioner’s representation pending before 2nd to 4th respondents for extension of lease of fresh water aqua culture in land admeasuring an extent of Ac.5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru District, as illegal, arbitrary and consequently set aside the notification vide REV65/12/2022-C2, dated 22/02/2024 in respect of (item No.10) only property leased to the petitioner and consequently direct the 2nd and 4th respondents to extend the lease of petitioner for fresh aqua culture in land admeasuring an extent of Ac.5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru District, for a further period of two years by making it clear that, the term of lease shall be extended keeping in the view of prevailed covid conditions and financial crisis in the state and pass such other order or orders.…”
2. Heard Sri Ponnada Sree Vyas, learned counsel for the petitioner, learned Assistant Government Pleader appearing on behalf of respondent Nos.1 to 3 and Ms.Pulipati Radhika, learned Standing Counsel for respondent No.4. 3. Brief narration of the facts:
(a) The Endowment Department conducted an open auction on 13.04.2016 for leasing out the fishing rights in land admeasuring an extent of Ac.5.39 cents in Sy.No.511 of Adagala Lanka Village, Bhimadolu Mandal, Eluru, belonging to the 3rd respondent for conducting fresh water aquaculture. 5
(b) The petitioner stood as a successful bidder in the said auction. The lease was granted for five years commencing from 01.07.2019 to
30.04.2024. (c) The petitioner made a representation to the 2nd respondent requesting to extend the lease time from 30.04.2024 to 30.04.2026, narrating his grievance. While the said representation is pending for consideration, the respondent authorities have issued notification vide notification dated 22.02.2024 calling tenders. (d) The said auction notification was assailed in the present writ petition on several grounds. This Court vide order dated 05.03.2024 directed not to confirm the auction to the extent of the subject land of the present writ petition. 4.
The petitioner has filed an affidavit dated 22.06.2026, undertaking that he will vacate the land if this Court grants three months time to vacate, so as to enable the petitioner to harvest the fish. It is also stated that the fish are currently in their final growth stage and will reach market size within this period. In order to secure his livelihood, it is necessary for the fish to attain marketable size. 5. In view of the affidavit filed by the petitioner, the present Writ Petition is
disposed of directing the petitioner to vacate the premises within a period of three months from the date of order. The petitioner is further directed to pay the arrears, if any, due to the respondents before vacating the premises. There shall be no order as to costs.
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As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 07.07.2026
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Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No
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09 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.5819 of 2024 Date: 07.07.2026
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