HARIJANA FISHERMEN MUTUALLY AIDED CO OPERATIVE SOCIETY LIMITED Vs. DISTRICT COLLECTOR GUNTUR DISTRICT

JUDGEMENT

(1.) The Harijana Fishermen Mutually Aided Co-operative Society Ltd., Kakani seeks a declaration that the order of the first respondent bearing Roc. No.5305/96-G2, dated 19-10-2000 is illegal and for a consequential direction to the said respondent to decide the extent of ayacut of Kakani Irrigation Tank strictly in accordance with the order of the Division Bench of this Court dated 17-11-1999 in W. P. Nos.4631 and 14920 of 1999.

(2.) The acrimonious contest between the petitioner and the seventh respondent/Fishermen Co-operative Society, Kakani is in respect of fishing rights in the Irrigation Tank, Kakani. The controversy in the writ petition is whether the tank is a major or a minor irrigation tank. It is the admitted position of the applicable principle, by all parties concerned that if the tank in question is a major irrigation tank, then the power to auction the fishing rights would vest in the Fisheries Department of the State and if the tank were to be a minor irrigation tank such a right would inhere in the Kakani Gramapanchayat, the sixth respondent herein. It is also the agreed factual scenario that the tank being located in the Andhra area of the State if it has an ayacut of up to 200 acres it is to be treated as a minor irrigation tank and if the area of the ayacut is beyond 200 acres, it would fall to be characterised as a major irrigation tank.

(3.) In the Guntur District Gazette Notification Dated 12-5-1997 of the Irrigation Department specifying the ayacuts of various tanks in Guntur District, the Kakani tank has been specified at Sl. No.70 with an ayacut of 230.00 acres. It is, however, described as a minor irrigation tank. In a letter addressed by the Mandal Revenue Officer, Narsaraopet, to the Extension Officer (Panchayats), Narasaraopet, the Mandal Revenue Officer has stated that the tank is called as Circar Cheruvu, a second class source of irrigation with an extent of registered ayacut of 79 acres as per the RSR of Kakani Village. In the proceedings of the District Collector (Panchayats), Guntur dated 30-5-1998, the tank is described as a minor irrigation tank occurring in Kakani Gramapanchayat of Narsaraopet Mandal in D. No.418 and the ayacut under it is 79 acres. This recording of fact by the District Collector in his proceedings dated 30-5-1998 appears based on the report of the Mandal Revenue Officer contained in his letter dated 27-4-1998, referred to earlier. In the report signed by the Village Administrative- Officer, Kakaoi, the Mandal Revenue Officer. Narsaraopet, the Additional District Magistrate, Guntur and the Jamabandl Officer-cum-District Revenue Officer, Guntur, the extent of the irrigated area under the tank is set out as 79.46 acres. This is also the extent of wet land irrigated thereunder.