THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WRIT PETITION No.36909 of 2014
Between: Kammila Sarojini,
Dated:02.12.2014
W/o Late Gopalam and three others.
….Petitioners And:
The State of A.P., reptd by its Principal Secretary, Animal Husbandry and Dairy Development & Fisheries (Fish-II), Hyderabad and six others.
… Respondents Counsel for the petitioners: Sri K.L.N.Swamy Counsel for the Respondents: AGP for Fisheries (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to direct the Fresh Water Aqua Culture District Level Committee, West Godavari District, Eluru not to grant permission to respondent Nos.5 to 7 for carrying on aqua culture over an extent of Ac.3.48 cents in R.S.Nos.47/3, 47/1, 48/2 and 48/5 of Pamulaparru Village, Undi Mandal, West Godavari District.
At the hearing, Sri K.L.N.Swamy, learned counsel for the petitioners, submitted that in response to the notice issued by the District Level Committee, his clients have submitted their objections and that on an apprehension that the Committee may grant permission to respondent Nos.5 to 7, they have filed this Writ Petition.
In my opinion, the Writ Petition is pre mature for, no order adverse to the interests of the petitioners has been passed by the District Level Committee so far. Unless such an order is passed, the cause of action for invoking the jurisdiction of this Court would not arise.
In this view of the matter, while declining to entertain this Writ Petition at this stage, the Fresh Water Aqua Culture District Level Committee, West Godavari District, Eluru is directed to consider the objections of the petitioners in accordance with G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, before taking a decision on the application(s) filed by respondent Nos.5 to 7 and communicate the same to the petitioners.
Subject to the above direction, the Writ Petition is dismissed.
As a sequel, WPMP.No.46179 of 2014 is dismissed as infructuous.
JUSTICE C.V. NAGARJUNA REDDY 02nd December 2014 DR