K.PANDURANGA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This Writ Petition is filed seeking to declare the action of the 4th respondent in issuing Dandora (Tom-Tom) notice and thereafter conducting the public auction and issuing proceedings dtd. 7/1/2022 granting fishing rights to the 8th respondent in respect of the water tank situated in Sy.No.207 of V. Kota Mandal is illegal, arbitrary and contrary to the judgment in O.S.No.54 of 1974 on the file of learned District Munsif Court, Kuppam dtd. 30/12/1975 and for consequential direction to set aside the proceedings dtd. 7/1/2022.

(2.) Heard Mr. S.S.Bhatt, learned counsel for the petitioners. Also heard the learned Assistant Government Pleader for Panchayat Raj and Rural Development, representing respondents 1 to 3, Mr. G. Venkata Reddy, learned standing counsel for respondent No.4 and Mr. V.R.Reddy Kovvuri, learned counsel for respondent No.8.

(3.) Learned counsel for the petitioners, inter alia, submits that a tank by name "Keelapalle Tank" is situated in Sy.No.207 of V.Kota Mandal and the fishing rights in respect of the said tank belongs to the petitioners' family and they are enjoying the fishing rights for more than a century. He submits that in 1974, the 4th respondent Gram Panchayat tried to interfere with the peaceful enjoyment of the tank and fishing rights and the father of the 1st petitioner along with the father of the 2nd petitioner filed O.S.No.54 of 1974 on the file of Court of the District Munsif, Kuppam, against Kuppam Gram Panchayat and others seeking a decree for permanent injunction restraining the defendants, their men and agents from interfering with the peaceful possession and enjoyment of the fishing rights in respect of the petition schedule tank and the same was decreed by a well considered judgment dtd. 30/12/1975. He submits that the said judgment and decree have become final as no appeal was filed against the same.