Chitakani Satyanarayana vs. The State Of Andhra Pradesh
Held
The Court directed the petitioner to make a fresh representation to the 5th respondent for harvesting fish in Dharma Cheruvu for the remaining lease period of 68 days, which is due to expire on 07.10.2024. The petitioner must enclose all necessary documents proving the total payment of the lease amount for the entire lease period, without seeking any further extension. The 5th respondent is directed to consider this representation on its own merits. The Court did not delve into the merits of the dispute regarding delayed payment or the exact lease expiry date, opting for a procedural resolution. The ratio decidendi is that in cases of dispute over lease rights, a fresh representation with supporting documents can lead to a fresh consideration by the concerned authority, facilitating a resolution without judicial pronouncement on the underlying factual disputes at this stage. The writ petition was disposed of with no order as to costs.
Facts
The petitioner, Chitakani Satyanarayana, filed a writ petition challenging the action of respondents 2 to 5 in preventing him from harvesting fish from Dharma Cheruvu, despite a subsisting lease. The petitioner was the successful bidder in an auction held on 08.10.2021 for a three-year lease, expiring on 07.10.2024. He claims to have paid the entire lease amount, including GST, for the full period. However, the 5th respondent (Gram Panchayat) is allegedly preventing harvesting due to delayed payment. The respondents, through the Assistant Government Pleader, suggested that a fresh representation from the petitioner would be considered. The respondents also noted a discrepancy regarding the lease period expiry date, with the 5th respondent's letter dated 11.07.2024 indicating an expiry of 30.06.2024, which the petitioner disputes as contrary to Gram Panchayat resolutions.
Key Issues
1. Whether the petitioner is entitled to harvest fish from Dharma Cheruvu for the remaining lease period of 68 days, given the alleged dispute over delayed payment and the subsisting lease agreement? Petitioner's Contention: The petitioner argues that he is entitled to harvest fish as he was the successful bidder in an auction held on 08.10.2021 for a three-year period, which is set to expire on 07.10.2024. He asserts that the full lease amount, including GST, has been paid, and the 5th respondent's refusal to allow harvesting is wrongful. The petitioner relies on the terms of the auction and his payment of the lease amount. Respondent's Contention: The learned Assistant Government Pleader for the respondents submits that if the petitioner submits a fresh representation, the 5th respondent will consider it following due procedure. The respondents also point to a letter dated 11.07.2024 from the 5th respondent to the petitioner, which disputes the lease period expiry date as claimed by the petitioner, stating it expired on 30.06.2024, a position prima facie contrary to Gram Panchayat resolutions.
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Cause title — parties, addresses and appearances
The Court made the following ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents.
This writ petition is filed questioning the action of the respondent Nos. 2 to 5 in not allowing the petitioner to harvest the fishes in Dharma Cheruvu at Chinatadepalli Village, Tadepalligudem Mandal, West Godavari District inspite of subsisting lease period.
2
The learned counsel for the petitioner submits that the petitioner became the successful bidder under the open public auction held on 08.10.2021 for a period of three (3) years for harvesting fishes
The judgment continues below.
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