IPUR GRAM PANCHAYAT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The facts of these two cases are very interesting and from Secretary to down below every officer thinks that he can act as he likes without reference to the concerned statutes and rules made thereunder. It is not known whether the people miseries will be further increased or a day will come when good sense enter the minds of the bureaucracy.

(2.) It is not in dispute that Rapalavari Tank is a minor irrigation tank situated within the local limits of Ipur Grampanchayat and this tank vested in the Grampanchayat under Section 56 (1) (b) of Grampanchayat Raj Act, 1994 (hereinafter referred as 'Act 1994') corresponding Section being Section 65 (l)(b) of the old Act and the Grampanchayat is enjoying the income derived by leasing out the fishery rights in the tank as well as the bunds for grazing purposes and the income from the trees standing on the bunds. It is also not in dispute that the local Fishermen Cooperative Society which filed an application seeking permission of the Court to come on record as respondent No. 7 was enjoying the fishing rights in the tank under the statutory rules issued in G.O.Ms.No. 343, Panchayat Raj (Services-I) Department dated 10-4-1978 by the Government in exercise of the rule making power under Section 217 of the A.P. Gram Panchayat Act, 1964 which continuous to be in force even after new Panchayat Raj Act came into for in 1994.

(3.) During the course of arguments it also came to light that the Government declared the right of the Grampanchayat to take out the fishing rights in the tank in question on an earlier occasion in G.O.Rt. No. 710 (P & RD) dated 3-7-1991.