N T Malamma Vs the State of Andhra Pradesh

The Assistant Director, Fisheries Department, Kurnool, Kurnool District. 5. The Assistant Executive Engineer, Water Resource Department, Adoni, Kurnool District. 6. The Kaminahal Gram Panchayat, Kaminahal Village, Halaharvi Mandal, Kurnool District Rep by its Panchayat Secretary.

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...Respondents

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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

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SRK, J W.P.No.15481 of 2025

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particularly one in the nature of writ of Mandamus to declare the delay and inaction on the Respondents in conducting the public auction for grant of rights to catch the fish in Kaminahal Water tank at Kaminahal Village, Halaharvi Mandal, Kurnool District as arbitrary, illegal and consequently direct the Respondents to conduct public auction for granting rights to catch the fish in Kaminahal Water tank at Kaminahal Village, Halaharvi Mandal, Kurnool District forthwith in the interest of justice.

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Counsel for the Petitioner: P NAGENDRA REDDY

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Counsel for the Respondents: GP FOR IRRI AND CAD Counsel for the Respondents: GP FOR FISHERIES Counsel for the Respondents: Mattegunta Sudhir, Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

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SRK, J W.P.No.15481 of 2025

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The Court made the following ORDER:

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This Writ Petition has been filed seeking to declare the action of the respondents in not conducting public auction for grant of fishing rights in Kaminahal Water Tank, at Kaminahal village, Halaharvi Mandal, Kurnool district, as illegal, arbitrary and consequently direct the respondents to conduct public auction for grant of fishing rights in the said Water Tank forthwith.

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Case of the petitioner is that there is a minor irrigation tank in an extent of 400 Acres in her village Kaminahal. The respondents are not conducting public auction for fishing rights in the said tank and by taking advantage of the same the villagers, are illegally catching the fish and selling the same in the Market, causing loss of revenue to the Government. As the petitioner intended to catch the fish with the permission of authorities by participating in the public auction, she requested both Fisheries Department and the Gram Panchayat to take steps to conduct public auction for fishing rights. But, by delegating the responsibilities against each other, they are not conducting the public auction. Grievance of the petitioner is that she submitted a representation dated 19.06.2025 requesting the respondent authorities to take steps to conduct public auction for grant of fishing rights in the said Water Tank, but, so far, no action has been taken by the respondents. Hence, she filed the present Writ Petition.

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Heard. Perused the record.

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SRK, J W.P.No.15481 of 2025

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Since the representation filed by the petitioner on 19.06.2025, requesting the respondent authorities to take steps to conduct public auction for grant of fishing rights in the subject Water Tank, is pending consideration before them, without going into the merits of the case, the respondent authorities are directed to take appropriate action/pass appropriate orders on the said representation, in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

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