Telangana High Court

WP/24314/2004 of The Fishermen Cooperative Society Limited, Vs The Collector (Panchayats) Krishna, on 28 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24314 of 2004 Between: The Fishermen Cooperative Society Limited, Peddavaram,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE TWENTY EIGHTH DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24314 of 2004

Between:

The Fishermen Cooperative Society Limited, Peddavaram, Peddavaram Village,Tiruvuru Mandal,Krishna District. rep.by its Tene Krishnayya.

..... PETITIONER

AND

1 The Collector (Panchayats) Krishna, Machilipatnam, Krishna District.

2 The Divisional Panchayat officer, Nuzvid, Krishna District.

3 Peddavaram Gram Panchayat, Peddavaram Village, Tiruvuru Mandal, Krishna District.

4 Gogala Mangaiah, S/o.Seshaiah,

Yerramadu village, Tiruvuru Mandal, Krishna District.

....RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased tocall for the connected records from the respondents 1 to 3 and issue an appropriate writ, order or direction preferably a writ in the natureof Mandamus declaring the order of the Collector (Panchayats) Krishna, inL.Dis.No.2439/04, Panchayats-5, dated 15.12.2004, confirming the order of theDivisional Panchayat officer, Nuzvid, in L.Dis.No.827/2004, B dated 24-8-2004fixing the lease amount as Rs.97,319/- for 1) Kotha Cheruvu 2) Ramanna Tank, 3)Gandi Tank for three years and the lease granted by the third respondent in favour ofthe fourth respondent as illegal.

Counsel for the Petitioner: MR.K.RANGA RAO

Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURALDEV.

The Court, at the admission stage, made the following:

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ORDER:

The case of the petitioner-Society is that Peddavaram Gram Panchayat has beenleasing out minor irrigation tanks viz., (1) Kotha (Ginnala) Tank, (2) Ramanna Tankand (3) Gandi Tank every year to it from 1988 onwards. It is stated that before expiryof present lease period of the year 2003-2004, the petitioner-Society submitted anapplication along with its resolution dated 27.06.2004 requesting the respondents 2and 3 to lease out the above said three tanks for three years from 1.7.2004 to30.6.2007 after fixing the lease amount. The grievance of the petitioner is that the2[nd] respondent vide his order in L.Dis.No.827/2004, dated 24.08.2004 fixed theupset lease amount abnormally i.e., for Kotha (Ginnala) Cheruvu as Rs.48,319/-, forRamanna Cheruvu as Rs.27,500/- and for Gandi Cheruvu as Rs.21,500/-, totaling toRs.97,319/-. As against the said orders of the 2[nd] respondent, the petitioner-Societyfiled revision petition before the 1[st] respondent-Collector and the 1[st] respondent-Collector while confirming the order passed by the 2[nd] respondent dismissed theapplication of the petitioner vide order L.Dis.No.2439/2004, Panchayats 5, dated15.12.2004. It is further stated that while the said revision was pending before the 1[st]respondent, the 3[rd] respondent leased out the said tanks to the 4[th] respondent byopen auction for a period of three years arbitrarily. Hence, the present Writ Petition isfiled.

Heard the learned counsel for petitioner and learned Government Pleader forPanchayat Raj and Rural Development.

The grievance of the petitioner-Society is that the upset lease amount fixed forfishing tanks for three years is abnormal. Admittedly, against the orders passed bythe 2[nd] respondent, the petitioner has already approached the 1[st] respondent- District Collector and the 1[st] respondent-District Collector, after taking all theaspects into consideration, has properly appraised and upheld the lease amountfixed by the 2[nd] respondent and since the lease was already granted to respondentNo.4, and at this stage this Court cannot interfere with the matter. The writ petition isdevoid of merit and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed at the admission stage. No costs.

Date: 28.12.2004Nsr/Tvk

________________(N.V. RAMANA, J)

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To

1 The Collector (Panchayats) Krishna, Machilipatnam, Krishna District.

2 The Divisional Panchayat officer, Nuzvid, Krishna District.

3 Peddavaram Gram Panchayat, Peddavaram Village, Tiruvuru Mandal, Krishna District.

4 Two CCs to GP for Panchayat Raj and Rural Development, High Court of AP, Hyderabad (OUT)

5. 2CD copies

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