Chasanti Chenchaiah, vs State Of Andhra Pradesh
2021 Latest Caselaw 359 AP

 THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

                 WRIT PETITION No.1576 of 2021

ORDER:

Heard the learned counsel for the petitioners, learned

Government Pleader for Panchayat Raj and Rural Development

appearing for respondent Nos.1 to 5, 7 and 8 and Sri Vinod

K.Reddy, learned Standing Counsel appearing for respondent

Nos.6 and 9.

2. The grievance of the petitioners before this Court is that the

fishery leasehold rights of Uracheruvu Tank in an extent of

Ac.144-00 cents in Sy.No.102 of Medarametlapalem Village,

Lingasamudram Mandal of Prakasam District are being disposed of

without conducting any auction.

3. Learned counsel for the petitioners argues that whenever

public property is sought to be disposed of, in view of the settled

law on the subject including judgments of the Supreme Court of

India, one of which is filed along with the writ petition, the only

method of disposal is by a public auction. It is his contention that

the public property cannot be disposed of by any other method and

the actions of the public authorities are to be fair, objective and

transparent. Learned counsel for the petitioners prays for an

interim order.

4. Sri Sudhakar, learned counsel appearing for Sri V.Vinod

K.Reddy, learned Standing Counsel for the main answering

respondents, states that as on date, there is no proposal to

conduct any auction or to allot fishery leasehold rights to any

private party through negotiations. He also submits that the

representation, dated 03.01.2021, of the petitioners would be

considered and appropriate orders would be passed. He prays for

an order for disposing of the writ petition since there is no

immediate action contemplated by the Gram Panchayat.

5. Considering the submissions made, this Court is of the

opinion that nothing really survives for adjudication in this writ

petition. The law on the subject is sufficiently clear. The

representation that has been submitted by the petitioners should

be disposed of by a speaking order within a period of four (4) weeks

from the date of receipt of a copy of this order. If the petitioners

wish to make any legal or factual submissions, they should be

given one more opportunity. The order so passed should be

communicated to the petitioners.

6. With the above direction, this Writ Petition is disposed of.

There shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any, in

this Writ Petition shall stand closed.

_________________________________ JUSTICE D.V.S.S.SOMAYAJULU Date : 25.1.2021 AMD

THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

WRIT PETITION No.1576 of 2021

Date: 25.1.2021

AMD