Andhra Pradesh High Court - Amravati
The Agnikula Kshatriya Sand Quarry ... vs The State Of Andhra Pradesh on 6 October, 2025
APHC010360822020
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY,THE SIXTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 23986/2020
Between:
1. THE AGNIKULA KSHATRIYA SAND QUARRY BOATSMEN AND
FISHERMEN CO-OP SOCIETY LTD.,, REGNO. 0-4, KOVVUR AT
TALLAPUDI, REP BY ITS PRESIDENT MASAKAPALLI SRINIVAS,
S/O NARASIMHA MURTHI, AGED ABOUT 46 YEARS, R/O D.NO. 2-
22-9, CHRISTIAN PETA, KOVVUR, WEST GODAVARI DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL
DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI,
GUNTUR DISTRICT.
2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST
GODAVARI DISTRICT, ELURU.
3. THE REVENUE DIVISIONAL OFFICER, KOVVURE, WEST
GODAVARI DISTRICT.
4. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI
DISTRICT, ELURU.
5. THE DIVISIONAL PANCHAYAT OFFICER, KOVVUR, WEST
GODAVARI. DISTRICT.
6. DEPUTY DIRECTOR OF FISHERIES, WEST GODAVARI DISTRICT,
ELURU.
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7. THE PEDDEVAM GRAMPANCHAYAT, REP BY ITS SECRETARY,
PEDDEVAM VILLAGE, TALLAPUDI MANDAL, WEST GODAVARI
DISTRICT
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue a Writ, order or direction, especially one in the
nature of Writ of Mandamus, declaring the action of the respondents
particularly the 7th respondent in issuing notice, dt 8-12-2020 to conduct
public auction on 16-12-2020 to the Peda Sugandi Tank, Peddevam Village,
Tallapudi Mandal, Wes Godavari District, is illegal, arbitrary, non-application of
mind, contrary to Principles of Natural Justice, contrary to the G.O.Ms.no. 343,
Panchayat Raj (SAM.1)Department, dt 10-4-1978, G.O.Ms.No.. 499, dt 25-11-
1998 and Arts 14, 19 (g) and 21 of the Constitution of India and consequently
direct the 7th respondent no to conduct the public auction on 16-12-2020 by
setting aside the notice, dt 8-12-2020 pertaining to Peda Sugandi Tank,
Peddevam Village, Tallapudi Mandal, Wes Godavari District and pass
IA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct the rh respondents not to conduct public auction on 16-12-
2020 pertaining to Peda Sugandi Tank, Peddevam Village, Tallapudi Mandal,
Wes Godavari District, by suspending the notice, dt 8-12-2020, pending
disposal of the above Writ Petition and pass
Counsel for the Petitioner:
1. T V JAGGI REDDY
Counsel for the Respondent(S):
1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN)
2. GP FOR REVENUE
3. GP FOR PANCHAYAT RAJ RURAL DEV
4. GP FOR FISHERIES
The Court made the following:
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THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION.NO.23986 OF 2020
ORDER:-
This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
"to issue a Writ, order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 7th respondent in issuing notice dt.8.12.2020 to conduct public auction on 16.12.2020 to the Peda Sugandi Tank, Peddevam Village, Tallapudi Mandal, West Godavari District is illegal, arbitrary, non-application of mind, contrary to Principles of Natural Justice contrary to the G.O.Ms.No.343, Panchayat Raj (SAM.1) Department dt.10.4.1978, G.O.Ms.No.499, dt.25.11.1998 and Arts 14, 19(g) and 21 of the Constitution of India and consequently direct the 7th respondent not to conduct the public auction on 16.12.2020 by setting aside the notice dt.8.12.2020 pertaining to Peda Sugandi Tank, Peddevam Village, Tallapudi Mandal, Wes Godavari District and pass such other order or orders..."
2. Heard learned counsel for the petitioner, learned Government Pleader and learned Standing Counsel for the respondents.
3. The case of the petitioner herein is that the respondent No.7-Gram Panchayat issued a notice dated 08.12.2020 to conduct public auction on 16.12.2020 for granting fishing rights in respect of Peda Sugandi Tank, Peddevam Village, Tallapudi Mandal, West Godavari District, contrary to the terms of G.O.Ms.No.343, Panchayat Raj (SAM.1) Department, dt.10.04.1978 and also by denying the rights of the petitioner society for having lease hold rights without public auction.
4. Learned counsel for the petitioner submits that pending writ petition, the respondents not conducted public auction so far. He further submits that the respondents are not following due procedure as contemplated under 4 G.O.Ms.No.343, Panchayat Raj (SAM.1) Department, dt.10.04.1978 and G.O.Ms.No.499, dt.25.11.1998 for granting the fishing lease hold rights and for fixing upset prices in respect of the subject tank. Hence, the writ petition.
5. On the other hand, learned Standing Counsel for respondent No.7 filed counter affidavit wherein, it is stated as follows:
"It is submitted that we have issued the open auction notice dated 08.123.2020 for giving the fishing lease hold rights over the subject tank scheduled to be held on 16.12.2020. after rejection of the request of the petitioner's society kept quiet for the period of two (02) months and approached this Hon'ble Court on the date of auction with false and baseless contentions and the allegations. It is pertinent to mention here that the petitioner's society is not entitled to any equity or sympathy from this Hon'ble Court.
It is submitted that by reiterating the contention that the writ petition is liable to be dismissed on the ground that the person who filed the writ petition as a President of the society is false. The petitioner's society is not entitled the benefit given to the registered societies under G.O.Ms.No.343 on the reason that the subject tank is not in the area of operation of the society. Moreover, they have to submit their willingness within stipulated time for the upset price fixed by the authorities. They kept quiet for two months after rejecting their representations and filed the present writ petition by the unknown person on the date of auction. Hence, the writ petition is liable to be dismissed."
6. Learned Government Pleader for respondent Nos. 1 and 2 also submits that pending writ petition, the respondents did not conduct any auction. He further submits that if at all the respondents have proposed to conduct auction and to 5 grant lease hold rights, the claim of the petitioner would be considered in accordance with law.
7. Considering the submissions made by the learned counsel for the petitioner, learned Standing Counsel and learned Government Pleader for the respondents, it is an admitted fact that pending the writ petition, no auction was conducted pursuant to the notice dated 08.12.2020. Moreover, the petitioner is kept quite without giving consent for the upset price fixed by the respondent No.5, even after receipt of the intimation as per terms of the G.O.Ms.No.343, dated 10.04.1978. Therefore, the action of respondents in proceeding with issuance of notice for conducting public auction is valid.
8. In view of the foregoing discussion, the writ petition is disposed of, directing the respondents to follow due process of law as contemplated under G.O.Ms.No.343, Panchayat Raj (SAM.1) Department, dt.10.04.1978, G.O.Ms.No.499, dt.25.11.1998 while proceeding further in respect of granting fishing lease hold rights. There shall be no order as to costs.
Consequently, miscellaneous petitions, pending, if any, shall stand closed.
__________________________________ VENKATESWARLU NIMMAGADDA, J Date:06.10.2025 BSP 6 118 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION.NO.23986 OF 2020 DATED:06.10.2025 Date:06.10.2025 BSP