As can be observed from the pleadings, it is not in dispute that the Tank in question viz., Kakani Tank, covers an ayacut of Ac.330.20 cents, and therefore, it is classified as Major Irrigation Tank. Consequently, Section 56(1)(b) of the A.P. Panchayat Raj Act, 1994 does not apply, and therefore, the fishery rights in the Kakani Tank do not vest in the Gram Panchayat. As a matter of fact, the District Collector, (Panchayat Wing), Guntur, in pursuance of the directions of this Court in W.P.No.211160 of 2000 dated 27.3.2001 having made a detailed enquiry, by order dated 29.10.2001 categorically held that the Gram Panchayat, Kakani has no right what-so-ever in respect of Kakani Tank and that the said tank exclusively vests with the Government. Hence, undoubtedly, the 2nd respondent-Assistant Director of Fisheries, Guntur is the competent authority to grant the lease hold rights in respect of the fishery rights of the said tank. May be that prior to the classification of the Kakani Tank as Major Irrigation Tank, the 4th respondent-Society which was the only Fishermen Co-operative Society in the Gram Panchayat was being granted lease by the Gram Panchayat in terms of G.O.Ms.No.343 Panchayat Raj, dated 10.4.1978, under which, the Gram Panchayats are obligated to lease out the fishery rights to the Fishermen Co-operative Societies of the local area by way of public auction. However, as held by the District Collector, Guntur, vide proceedings dated 29.10.2001, as of today the Tank vests with the Government, and therefore, the Gram Panchayat cannot exercise any right in respect of the said tank.
