M VENKAIAH Vs. DISTRICT COLLECTOR GUNTUR DISTRICT

JUDGEMENT

(1.) IN these three writ petitions, the validity of the order dated 29. 10. 2001, passed by the District Collector (Panchayat Wing), Guntur, arises for consideration, directly in some and indirectly in others.

(2.) THE extent of ayacut of an irrigation tank would become relevant, in the context of identifying the authority that would be competent to grant fishery rights in such tanks. The A. P. Panchayat Raj Act 1994 and the A. P. Gram panchayat Act, 1964, contained provisions to the effect that subject to the limits that may be prescribed by the government, the Grampanchayat shall have the right to grant leases of different kinds over the irrigation sources or works within its territorial limits. G. O. Ms. No. 343, Panchayat Raj Department, dated 10. 4. 1978, was issued stipulating the limits of ayacut. According to this, irrigation sources with ayacut below 100 acres in coastal areas, and below 200 acres in other areas, shall vest in the Grampanchayats, in the context of auctioning the fishing rights.

(3.) SERIOUS disputes arose, as to the extent of ayacut of Kakani Tank, in guntur District. While according to the Grampanchayat, Rajaka Seva Sangam and harijana Fisheries Mutually Aided Cooperative Society Limited of that village, the ayacut is 79 acres; the Fishermen Cooperative Society contended that it is 230 acres. Series of proceedings ensued, on this controversy. In view of this serious dispute, a Division Bench of this court in W. P. No. 4631 and 14920 of 1999, passed an order dated 17. 11. 1999, directing the District Collector, guntur, to hold an enquiry and pass an order, as to whether the ayacut of the tank is 79 acres or 230 acres, and whether the Grampanchayat was justified in earmarking the tank for washing purposes. Certain subsidiary questions were also directed to be dealt with. The District Collector, in turn, passed an order, dated 19. 10. 2001. This was challenged in W. P. No. 21160 of 2000, by the harijana Fisheries Mutually Aided Cooperative Society, Kakani, complaining that it was not put on notice. The writ petition was allowed, and the order dated 19. 10. 2001 was set aside. The District Collector was directed to issue notice to all the concerned. After issuing notices to all the concerned and after conducting a detailed enquiry, the District Collector passed the order dated 29. 10. 2001, holding that the ayacut of the tank is 230 acres, and that the Grampanchayat was not justified, in earmarking the tank for washing purposes. Another question referred to it, viz; whether the Grampanchayat was justified in blacklisting the fisheries Cooperative Society, was also answered in the negative.