The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.21384 of 2014 Dated 08.12.2014 Between:
Datla Rama Krishnam Raju and 4 others …Petitioners And The Govt. of Andhra Pradesh, rep. by its Prl.Secretary, Animal Husbandry, Dairy Development and Fisheries Dept., Hyderabad and 4 others.
…Respondents Counsel for the petitioners: Mr.Kesaavi Kumari Nemala Counsel for respondent Nos.1 to 4: AGP for Fisheries (AP)
Counsel for respondent No.5: Mr.Subrahmanyam
(impleaded vide order, for
Mr.PVA.Padmanabhan
dated 08-12-2014, in WPMP.No.33358 of 2014)
The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the inaction of the respondents, in considering the petitioners’ application, dated 22- 08-2013, for commencing fresh water aquaculture farms in the land admeasuring Acs.10-79 cents situated in various Survey numbers of Kondepudi Village, Palakoderu Mandal, West Godavari District, as per G.O.Ms.No.7, dated 16-03-2013, as illegal and arbitrary.
In compliance with the direction of this Court, the Deputy Director of Fisheries (In-charge) is personally present. He has also produced the record, which shows that the petitioners’ made a common application for registration of fresh water aquaculture farms over a water spread area of Acs.8-59 cents in various survey numbers of Palakoderu Village. The Deputy Director further submitted that the said application is now pending before respondent No.2- District Level Committee, which is going to hold its meeting on 12.12.2014, wherein the objections, if any, raised by the third parties including the neighbouring land owners will be considered and a decision thereon will be taken.
In view of the above submission of respondent No.3- Deputy Director of Fisheries (In- charge), the Writ Petition is disposed of with the direction to respondent No.2 to consider the petitioner’s application, dated 22-08-2013, with reference to the relevant reports submitted by the Mandal Level Committee and also the objections, if any, filed by respondent No.5 opposing the said application, take a decision thereon and communicate the same to both the parties within one month from the date of receipt of this order.
As a sequel to disposal of the Writ Petition, interim order, dated 31-07-2014, is vacated and WPMP.Nos.26822 and 31958 of 2014, filed by the petitioners for interim relief, are disposed of.
(C.V.Nagarjuna Reddy, J)
Dt: 8th December, 2014
LUR