WP/24899/2011 of The Fishermen Co-operative Society, Kakani (V), Vs The State of Andhra Pradesh on 30 December 2011

Conclusion

COMMON ORDER:

The writ petitions and contempt case are filed inrelation to the auction of fishery rights in a tank ofKakani Village, Narasaropet Mandal, Guntur District. Quite a large number of writ petitions were filed by theFishermen Cooperative Society, WashermenCooperative Society, Harizan Fishermen Cooperativesociety, sarpanch of the village etc. Orders werepassed by this Court from time to time. However, theorders so passed were successfully flouted by theDepartment of Fisheries in collusion with the FishermenCooperative Society. The result was that colossal lossof public revenue has taken place. Recognizingthe gravity of the matter, this Court passed a detailedorder on 04.11.2011 in all these matters, vacating theinterim order passed on 06.09.2011 and directing theDistrict Collector to conduct auction by deputing anofficer of the Rank of not less than Revenue DivisionalOfficer. It was also directed that the revenue that isfetched in the auction shall be distributed in the ratio of50:30:20 among the Water Users Association, GramPanchayat and Fisheries Department respectively. Inpursuance of the said direction, the District Collectorconducted an auction. The annual income from the tankwas in the range of about Rs.2,00,000/-, when theleaseshold rights were being allotted by the FisheriesDepartment. In the auction that was conducted inpursuance of the direction issued by this Court, as many as 12 persons were participated andRs.7,45,000/- was the highest bid. This only shows theloss to the Government in general and Gram Panchayatand Water Users Association in particular over the pastseveral years. In compliance with the directions issued by thisCourt, the District Collector submitted a report, dated28.12.2011, which is to the effect that the AssistantDirector of Fisheries, Guntur was squarely responsiblefor the various lapses that resulted in heavy loss to thelocal body.

After hearing the learned counsel for the partiesat length, this Court feels that the arrangement directedby this Court may be continued in future also, leaving itopen to any agency to seek modification thereof infuture if it is warranted. So far as the findings in theenquiry are concerned, necessary steps need to betaken by the authorities, who are vested with thejurisdiction vis-à-vis the officers, who are found to beprima facie responsible for the lapses. Since the tankwould henceforth be under the control of RevenueDepartment, the share of the revenue, which wasallocated to Fisheries Department, needs to be madeover to the Revenue Department.

Hence the writ petitions and contempt cases aredisposed of, directing that - (a)The auction of leasehold rights overKakani tank shall be conducted by theRevenue Divisional Officer,Narasaraopet with the approval of theDistrict Collector before 31[st] May andKakani tank shall be conducted by theRevenue Divisional Officer,Narasaraopet with the approval of theDistrict Collector before 31[st] May and leasehold rights shall be granted forone year with effect from 1[st] July of theconcerned year;

(b) Out of the amount, that is fetched inthe auction, 50% shall be allocated forthe Water Users Association, which inturn shall be spent for the repair of thetank and improving the facilities in theayacut with the approval of theconcerned Executive Engineer of theIrrigation Department; 30% shall beallocated to the Gram Panchayat andthis amount shall be utilized exclusivelyfor the purpose of developmentalactivities, such as establishment andprovision of parks, library, playingfacilities for the children in the village,duly taking the assistance of thePanchayat Raj Department; and 20%shall be allocated to the RevenueDepartment and efforts shall be madeto streamline the process of auctioningthe tank year after year by providingnecessary infrastructure; andthe auction, 50% shall be allocated forthe Water Users Association, which inturn shall be spent for the repair of thetank and improving the facilities in theayacut with the approval of theconcerned Executive Engineer of theIrrigation Department; 30% shall beallocated to the Gram Panchayat andthis amount shall be utilized exclusivelyfor the purpose of developmentalactivities, such as establishment andprovision of parks, library, playingfacilities for the children in the village,duly taking the assistance of thePanchayat Raj Department; and 20%shall be allocated to the RevenueDepartment and efforts shall be madeto streamline the process of auctioningthe tank year after year by providingnecessary infrastructure; and

(c) The report of the Revenue DivisionalOfficer, Narasaraopet, dated01.12.2011 shall be forwarded by theDistrict Collector to the concernedauthorities in the Fisheries Departmentfor necessary action. If any amount isrecovered in the proceedings, it shall beutilized in the same manner as indictedabove. If any individual petitioners haveany grievance, as to the transactionsOfficer, Narasaraopet, dated01.12.2011 shall be forwarded by theDistrict Collector to the concernedauthorities in the Fisheries Departmentfor necessary action. If any amount isrecovered in the proceedings, it shall beutilized in the same manner as indictedabove. If any individual petitioners haveany grievance, as to the transactions JSU

that occurred earlier, it shall be open tothem to make a representation to theDistrict Collector.There shall be no order as to costs.

__________

30.12.2011

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

W.P.Nos.21149 and 24899 of 2011And

C.C.Nos.894 and 1451 of 2011

Date: 30.12.2011

JSU