HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.34076 of 2014 Date : 24-12-2014 Between :
Katreddi Kusumeswara Rao .. Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation & Command Area Development Department, Secretariat Hyderabad and others ..
Respondents Counsel for petitioner : Mr. K. Dilip Naik Counsel for respondents Nos.1 to 4 : Assistant Government Pleader for Irrigation The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in not conducting public auction for leasing out the right to enjoy the usufruct of coconut trees situated on the canal/channel bunds and road margins at Pedakapavaram village, Aakiveedu Mandal, West Godavari District and also the right to grow grass on the canal bunds as illegal and arbitrary.
The petitioner pleaded that he is a permanent resident and former Sarpanch of Pedakapavaram village, Aakiveedu Mandal, West Godavari District; that there are nearly 175 coconut trees existing on the canal/channel bunds and road margins situated in the said village; that respondent No.5 used to lease out the usufruct of the coconut trees by public auction along with the right to grow grass on the canal bunds; that in W.P.No.20746 of 2006 filed by the petitioner, this Court has observed that the coconut trees were vested with P.W.D/Irrigation authorities and that therefore the Gram Panchayat cannot claim any benefit. The petitioner further averred that after disposal of the said Writ Petition, the respondents have been conducting public auction of the usufruct of the coconut trees and also the right to grow grass and that for the year 2013-14, the petitioner has participated in the auction and became the highest bidder. The petitioner further alleged that though the Irrigation Department was expected to conduct auction for the year 2014-15 in the months of June and July 2014, for the reasons best known to them, they have failed to conduct the auction; that the petitioner submitted a representation on 10- 9-2014 to respondent Nos.2 to 4 requesting them to conduct public auction; and that so far no steps have been taken. The petitioner alleged that on 3-9-2014, respondent No.5 has issued notice informing the public that auction will be conducted on 9-9-2014 in the temple premises and invited bidders, but no auction was held on that day and it was informed that the auction was postponed to 17-9-2014 as per the instructions of the Member of Legislative Assembly (MLA), Undi. The petitioner further alleged that as per his reliable information, the usufruct of the coconut trees and the right to grow grass are proposed to be given to the persons of the choice of the MLA on nomination basis without conducting any public auction.
On 12-11-2014, the case was adjourned to enable the learned Assistant Government Pleader for Irrigation (AP) to file counter affidavit. Neither counter affidavit has been filed nor any instructions have been reported despite lapse of about six weeks.
It is trite that ordinarily, every public property should be put to auction in order to secure the maximum possible revenue. Therefore, I do not find any reason whatsoever for the Irrigation Department not to conduct public auction of the usufruct of the coconut trees and the right to grow grass. Non-holding of public auction would raise a reasonable presumption that the same is on account of extraneous reasons. Therefore, the Writ Petition is disposed of by directing respondent Nos.2 to 4 to take immediate steps for holding the auction by giving vide publicity and complete the whole process within one month from the date of receipt of this order.
As a sequel to the disposal of the Writ Petition, WPMP No.42630 of 2014 is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 24-12-2014 AM