RAJKA SEVA SANGHAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The two petitioners are the Rajaka Seva Sanghams the first being of Kanumolu, Gannavaram taluk, Krishna District and the second being A.P. State Rajaka Seva Sangham. They have stated and it is not disputed in the counter affidavit filed by the Gram Panchayat that on 6-1-1972, the Gram Panchayat has allotted 'Kalayingunta' tank in the village to the rajakas for washing the linen and for exercising all the fishing rights. Ever since the first petitioner has been exercising the said right subject to its paying the leasehold amount to the Gram Panchayat. It is also admitted in the counter affidavit that the Gram Panchayat at the request of the Kanumolu Kurama Sangham represented by its Secretary and by respondents 4 and 5 resolved in Resolution No. 291, dated 29-8-1980, setting apart the same tank to weavers to wash fur and looms and exercise the right of fishing. Assailing the legality of that order, this writ petitition is filed.

(2.) Under Section 65 (1) (b) of the Andhra Pradesh Gram Panchayats Act, 1964, (Act No. 2 of 1964), for short "the Act", the Gram Panchayat shall have control over the fishing rights in the minor irrigation tanks and the right to auction and to enjoy the usufruct thereof. Under the Sec. 85(2) of the Act subject to such restrictions and control as may be prescribed, the gram panchayat shall have the fishery rights in any water work vested in it under sub-section (1) the right to supply water from such work for raising seed beds on payment of the prescribed fee, and the right to use the adjacent- land appertaining thereto. Under Sub-section (1) of Section 85 of the Act all public water courses, springs, reservors, tanks, cisterns, fountains, wells, standpipes and other water works shall vest in the Gram Panchayat and subject to its control. Under Section 86 (1) (a) of the Act, the Gram Panchayat may, in the interests of public health, regulate or prohibit the washing of animals or of clothes or other articles or fishing, in any public spring, tank or well or any public water-course or part thereof and may set apart any such place for drinking or for bathing, or for washing animals or clothes or for any other specified purpos.

(3.) Thus obviously it is seen that under Sections 65, and 86, of the Act, water-courses or the tanks and their control and management shall vest in the grain Panchayat and the gram panchayat in the interest of the public health has power to regulate the washing of clothes or fishing in any pablic spring, tank or well or in any public water-course by setting part any such place for washing clothes or animals or any other purpose. Obviously, in exercise of this power, the gram panchayat, the second respondent has set apart the 'Kalayigunta & tank to the washermen to wash the linen a'nd to exercise the fishing rights.