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Judgment
D. Ramesh, J
The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the 6th respondent in fixing the lease/rentals to the Voora Cheruvu (Tank) located in Vemanda Gramapanchayat to the extent of Ac.6.38cents in R.S.No.275/2 of Vemanda Gramapanchayat, Venkatapuram, Unguturu Mandal, Krishna District at Rs.1,00,000/- vide order dated 16.6.2022 insteadof Rs.60,500/- as fixed by the Committee constituted under G.O.Ms.No.499 dated 25.11.1998 and contrary to the parameters of G.O.Ms.No.343 dated 10.4.1978 as bad, arbitrary and contrary to the established principles of law which includes the G.O’s issued by the Government from time to time.
Heard learned counsel for the petitioners, learned Assistant Government Pleader and learned standing counsel appearing for respondents.
Learned counsel for the petitioner submitted that the action of the 3rd respondent is contrary to the Rules more specifically Rules in G.O.Ms.No.343 dated 10.4.1978. Rule 2(a) in the said G.O. provides procedure to fix upset price of lease hold rights to the fishing tanks. Proviso to Rule 2(b) provides the District Collector shall have the power to revise the upset price fixed by the Divisional Panchayat Officer. Accordingly, the petitioner had preferred an appeal/representation to the District Collector as against the fixation of upset price by the 3rd respondent on 18.7.2021.
Considering the submissions and on perusal of the proviso to Rule 2(b), the Collector is competent to revise the upset price fixed by the 3rd respondent and accordingly, they have made an application to the District Collector.
In view of the same, without going into the merits of the case, this Court directs the 2nd respondent to consider the application/representation made by the petitioner as per the proviso to Rule 2(b) of the Rules issued in G.O.Ms.No.343 dated 10.4.1978, within a period of four (4) weeks from the date of receipt of a copy of the order, if required, notice may be issued to the petitioner.
Accordingly, the writ petition is disposed of. No costs.
As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed.