Telangana High Court

WA/1015/2007 of The Nadendla Gram Panchayat, Nadendla, Rep. by its Vs The Rajakaseva Sangham, rep. by its Secretary, on 24 December 2007

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SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO.1015 OF 2007 Dated 24th December, 2007 Between: The Nadendla Gram Paanchayat …. Appellant And The Rrajakaseva rep. by its Secretary, Nadendla Village and two others …

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THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICE

AND

THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT APPEAL NO.1015 OF 2007

Dated 24[th] December, 2007

Between:

The Nadendla Gram Paanchayat …. Appellant

And

The Rrajakaseva rep. by its Secretary,Nadendla Village and two others … Respondents THE HON’BLE SRI BILAL NAZKI, THE ACTING CHIEF JUSTICEAND

THE HON'BLE SRI JUSTICE RAMESH RANGANATHANWRIT APPEAL NO.1015 OF 2007

J U D G M E N T (Per Hon’ble Sri Bilal Nazki, the Acting Chief Justice):

This writ appeal has been filed aggrieved by the order dated 22-08-2007 of the learned Single Judge in W.P.M.P.No.30967 of 2006 inW.P.No.24247 of 2006 whereby the learned Single Judge made thestay of auction granted earlier absolute.

The appellant herein is respondent No.1 in the writ petition. Thewrit petitioner filed the writ petition seeking setting aside of the auctionnotice dated 08-11-2006 issued by respondent No.1 and for aconsequential direction to the respondents to implementG.O.Rt.No.343, dated 10-05-1978. The learned Single Judge whileadmitting the writ petition, granted interim stay of auction. Theappellant filed a vacate stay petition being WVMP No. 2461 of 2006 tovacate the order of stay. By order dated 22-08-2007 the learnedSingle Judge dismissed the WVMP by making the interim stay grantedearlier absolute.

Heard learned counsel for the parties.

There is a dispute with regard to the fishing in the pond, whichis claimed by both the writ petitioner-Rajakaseva Sangham and theGram Panchayat. Till the dispute is resolved, it would be necessary to pass an order for disposal of the fish, because if the fish is notdisposed at an appropriate time, there would be loss and ultimately,whoever is entitled to money will be a loser.

In this view of the matter, we, after hearing learned counsel forthe parties, vacate the stay granted by the learned Single Judge anddirect the Collector of Guntur District to appoint an Officer not belowthe rank of Revenue Divisional Officer, who will conduct the auction ofthe fish after giving sufficient notice to the prospective purchasers andensure that the right price is secured for the fish. After the auction, themoney shall be deposited in a Nationalised Bank against a fixeddeposit in the account of the Collector, Guntur District for a period ofthree months initially. After catching the fish, the water tank shall be,within one week, handed over back to the writ petitioner society.

The writ appeal is accordingly disposed of. No order as tocosts.

___________________________

Bilal Nazki, ACJ

Dated 24[th] December, 2007

____________________________

Ramesh Ranganathan,J

Note: Issue C.C in two days

vrn

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