K HEMASEKAR Vs. GROUP EXECUTIVE OFFICER CHITOOR DISTRICT

JUDGEMENT

(1.) The case of the petitioner is that Brahmanacheruvu of Cherlopalli was assigned to G. Venkataswami Reddy and seven others in the year 1916 by the then Special Settlement Officer, Madras, and that the assignees have been enjoying fishing rights in the said tank by paying rentals fixed by the Government, and when the Surpanch of Thenabanda Village had in 1974 issued a notice to show-cause why pattas should not be cancelled, O.S.No.121/84 in the Court of the Principal District Munsif, Chittoor was filed seeking a decree of perpetual injunction, which was decreed on 13-8-1990 and that that decree has become final. But on 7-10-1996 the Gram Panchayat, Cherlopalli, passed a resolution in resolution No.1, to put the fishing rights in Brahmanacheruvu to public auction, ignoring the decree of the civil Court, and so he and others got issued a legal notice to the respondents i.e. The Group Executive Officer and District Panchayat Officer, but ignoring the said notice the fishing right in the Brahmanacheruvu is being put to auction on 20-11-1996 and so resolution No.1 dated 7-10-1996. of the Gram Panchayat, Cherlopalli may be quashed, and the proposed auction may be stayed.

(2.) On behalf of the respondents, second respondent filed his counter-affidavits, inter alia contending that fishing rights in Brahmanacheruvu were given for 30 years in 1916 to some people as per the rates mentioned therein, and after the coming into force of the A.P. Gram Panchayat Act, 1964 Brahmanacheruvu stood vested in the Gram Panchayat and so it has a right to put the fishing rights in that tank to auction. Since the then Sarpanch was interested in the plaintiffs in O.S.No.121 of 1986 he did not properly contest the said O.S.No.121 of 1986 referred to in the affidavit filed in support of the petition. After O.S.No.121 of 1986 was passed, the Gram Panchayat passed a resolution to put the fishing right to public auction in terms of G.O.Ms.No.343, Panchayat Raj dated 10-4-1978, and in terms of the judgment dated 24-3-1988 in O.S.No.375/1980 of the Principal District Munisif, Chittoor, that fishing rights in the minor irrigation tanks automatically vest in the Gram Panchayat subject to restrictions imposed by the Government. The Gram Panchayat in fact issued a notice in ROC No. 1050/87 A5 (Pts) dated 6-11-1996 prior to the cancellation of the patta, to afford an opportunity to the pattadars. Though the said notice was served on the petitioner, he did not send a reply. Notice to some others pattadars could not be served as they were not residing in the village, and so the petitioner is not entitled to any relief.

(3.) The main contention of the learned Counsel for the petitioner is that respondents putting the fishing rights to auction in the teeth of the decree of the civil Court is highly irregular. It is his contention that since in W.P.M.P. No.30330 of 1996 a learned Judge, while admitting this petition heard on 20-11-1996 gave an interim direction not to put the fishing rights to auction and since no document is produced to show that the grant to the original assignees was only for a period of 30 years, as contended in the counter- affidavit filed on behalf of the respondents and since no notice in fact is served on the petitioner and since no document to show that the patta granted is cancelled petitioner is entitled to the relief sought.