COURT OF ANDHRA PRADESH :: AMARAVATI…
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY,THE TWENTY EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 3924 OF 2013
Between:
The Kavuru Yerukula Fishermen Cooperative Society, Kavuru Village, Rep. by its President Devarakonda Venkateswarlu S/o Sundhariah, R/o Kavuru Village, Cherulupalle (Mandal), Guntur District.
...PETITIONER
AND
...RESPONDENTS
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 to issue a writ, order or direction more particularlyaWritinthenatureof Mandamus declaring the action of Respondent No. 1 in not granting the leasehold rights in the tanks and drains excluding Pamulagunda Tank of Kavuru Village which falls under area of operation of Petitioner Society by fixing the upset price in favour of the Petitioner Society as illegal, arbitrary, unjust, unconstitutional and also is contrary to the provisions of A.P. Co-operative Societies Act and Rules and G.O. Ms No. 343, Panchayat Raj (SAH.1) Department Dated 16.04.1978 and consequently direct the 1®‘ Respondent to grant the leasehold rights in the tanks and drains excluding Pamulagunda Tank of Kavuru Village by fixing the upset price, in favour of the Petitioner Society and pass such other order or orders as this Hunts Court may deem fit and proper in the interest of Justice.
I.A. NO: 1 OF 2013(WPMP. NO: 4900 OF 20131
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 to direct the 1® respondent to consider the representations dated 03.11.2012 and pass appropriate order under the provision of the A.P. Cooperative Societies Act and G.O.Ms No. 343, Panchayat Raj (SAH.1) Department Dated 16.04.1978 pending disposal of the above Writ Petition.
I.A. NO: 2 OF 2013fWPMP. NO: 10202 OF 2013)
Between:
...PETITIONER
AND
...RESPONDENTS
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 to implead the Respondent No 5 & 6 herein as Respondent No 5 & 6 in the Writ Petition No. 3924 of 2013.
Counsel for the Petitioner: SRI MALIPEDDI SRINIVAS REDDY
Counsel for the Respondent No.1: SRI G. VENKATA REDDY, SC FOR GRAM PANCHAYAT
Counsel for the Respondent Nos.2 & 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for the Respondent No.4: GP FOR FISHERIES
The Court made the following: ORDER
THE HONOURABLE SMT JUSTICE V, SUJATHA
WRITreTIT0NN0,39240F2^^
ORDER;
This Writ Petition is filed challengipg the action of respondent No.l in not granting the leasehold rightsinthetanks and drains excluding Pamulagunda Tank of Kavuru Villagewhich falls under area of operation of Petitioner Society by fixing the upset price in favour of the Petitioner Society as illegal, arbitraiy and consequently direct the respondent to grant theleasehold rights in the tanks and drains excluding PamulagundaTank of Kavuru Village by fixing the upset price in favourofthePetitioner Society.
- Since the grievance of the petitioner is Jihat thesaidtank has been leased out in favour of the respondent fortheFasli year 2013-14, this court feels that the cause in theWritPetition does not survive.
- Accordingly, the Writ Petition is closed. No costs
As a sequel, miscellaneous applications pending, if any.
shall also stand closed.
Sd/- V. SAVITHRI GOWRI ASSISTANT ISTRAR
//TRUE COPY//
To,
SECTION'OFFICER
HIGH COURT
DATED;28/1 2/2023
of ANOly^
m
60
5 2 2 MAY m ^
COSTS
6\ Co?
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ORDER
WP.No.3924 of 2013
CLOSING THE W.P. WITHOUT COSTS
The Kavuru Yerukula Fishermen Cooperative Society
Kavuru Grampanchyat
V. Sujatha
As recorded by the court registry
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