Kesavarapu Venugopala Reddy Vs the State of Ap

KESAVARAPU VENUGOPALA REDDY, S/O SUBBA RAMI REDDY, AGED ABOUT 45 Y EARS, OCC AGRICULTURIST, R/ O .MADANURU VILLAGE, KOTH A PATNAM MANDAL PRAKASAM DISTRICT, ANDHRA PRADES H .

¶10

...PETITIONER

¶11

AND

¶12

THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, ENDOWMENTS D EPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRIC T .

¶13

THE COMMIS S IONER, ENDOWMENTS D EPARTMENT, VIJAYAWADA, NT R DISTRICT.

¶14

THE ASSISTAN T COMMISSIONER, ONGOLE, PRAKASAM DISTRICT.

¶15

THE DISTRICT E N DOWMENTS OFFICER, PRAKAS A M DISTRICT, ONGOLE.

¶16

SRI RAMALINGESWARASWAMIVARI TEMPLE, R EP BY ITS EXECUTIVE OFFICER, ETHAMUKKALA GROUP O F TEMPLES, MADANURU VIL L AGE KOTHAPATNAM MANDAL , PRAKASAM DISTRICT.

¶17

...RESPONDENTS: Counsel for the Petitioner: Souri Babu Duppati Counsel for the Respondents: GP for Endowments

¶18

THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18118 OF 2025

¶19

The Court made the following order:

¶20

Heard Sri Souri Babu, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments appearing for respondent Nos.1 to 4 and Ms. Devi Subhashini Anne, learned Standing Counsel appearing for respondent No.5. With the consent of both the learned counsel, the Writ Petition is disposed of at the stage of admission.

¶21

The writ petition is filed challenging the proceedings of the 5^th respondent in issuing auction notification dated 05.07.2025 scheduling the auction on 17.07.2025 without considering the representation of the petitioner dated 15.07.2025, for extension of lease hold rights of fishing in the tank over an extent of in an extent of Ac.6.28 in Sy.No.80 of Madanuru Village, Kothapatnam Mandal, Prakasam District belonging to Sri Ramalingeswara Swamy vari Temple.

¶22

The petitioner contends that he was granted lease hold rights over the subject tank as he was the highest bidder in the auction that was conducted on 13.07.2022, for a period of three years, with effect from 2022-2025, and has been paying Rs.95,000/- per year towards lease rentals. He contends that when he had entered into lease with the respondents, the subject tank was not in fit and functional condition, thus he had to incur substantial expenditure to convert the same into workable condition and to make optimal use of the land. Due to heavy floods in 2023-2024 he could not obtain yield from the fish tank and it is stated that he had stocked the tank with prawn seed recently and

¶23

the same would take one more year to obtain the yield. The learned counsel for the petitioner, on query from the bench, as to when was the last harvest he had stated that the same was in January, 2025.

¶24

Ms. Devi Subhashini Anne, learned Standing Counsel appearing for respondent No.5 on instructions submits that the auction is scheduled today. The learned counsel further submits that if an extension is granted the same would set a precedent in future. She further submits that the petitioner may be granted liberty to harvest the crop in a fixed time frame subject to payment of proportionate lease rentals for the extended period.

¶25

Having regard to the facts and circumstances of the case and the submissions made on behalf of the petitioner and the respondents considering fact that the previous harvest was in the month of January, 2025 and the petitioner may have incurred substantial expenditure towards prawn seed, feed, and maintenance of the tank, having regard to the same, this Court deems it appropriate to dispose of the Writ Petition with a direction to the respondents to allow the petitioner to harvest the existing yield on or before 01.08.2025.

¶26

6. Accordingly, the Writ Petition is disposed of. No order as to costs.

¶27

As a sequel, miscellaneous applications pending, if any, shall stand

¶28

closed.

¶29

______________________________ JUSTICE KIRANMAYEE MANDAVA

¶30

Date: 17.07.2025 BSK

¶31

04