THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.13723 of 2013
Between:
Dated 29th December, 2014
Kavalireddy Harichandra Reddy And …Petitioner The Government of A.P., rep.by the Secretary, Animal Husbandry, Dairy Development & Fisheries (F-II) Department, Secretariat Buildings, Saifabad, Hyderabad and others …Respondents Counsel for the petitioner: Sri T.C.Krishnan Counsel for respondent Nos.1 to 3: AGP for Fisheries (AP) Counsel for respondent Nos.4 & 5: AGP for Revenue Counsel for respondent No.6: Smt.P.Rajeswari Counsel for respondent Nos.7 & 8: Sri P.Sridhar Reddy The Court made the following:
ORDER:
This writ petition is filed for the following substantive relief:
“…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus – declare the action on the part of respondents 2 to 6 in not taking action against respondents 7 & 8 and allowed to raise Shrimp Culture and Prawn Culture for the lands in RS No.974/123, 975/123 and 976/12, Koduru Kandriga Village of Thotapalli Gudur Mandal, SPSR Nellore District without obtaining any prior permission from the competent authority amounts to erroneous, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct respondents 1 to 6 not allow respondents 7 & 8 to carry on the activities of Shrimp Culture or Prawn Culture from the above referred lands without obtaining prior permission from the competent authorities in the interest of justice.”
At the hearing, it has come out that an order was passed in Rc.No.735/D/06, dated 10.07.2013, by the Collector-cum-Chairman for District Aqua Culture Committee (Fisheries), SPSR Nellore District directing respondent Nos.7 and 8 to close coastal aquaculture activity in R.S.Nos.974/1,2,3, 975/1,2,3 and 976/1,2 of Kodurukandriga Village, T.P.Gudur Mandal, SPSR Nellore District. Questioning the said order, respondent No.8 has filed W.P.No.25245 of 2013, which was disposed of by this Court today by a separate order to the following effect:
“In the light of the fact that the petitioner does not possess permission for carrying on brackish water aqua culture, the impugned order cannot be interfered with. However, respondent No.2 is directed to ensure that the petitioner’s application, if any, made for permission is disposed of as expeditiously as possible, not later than three months from the date of receipt of a copy of this order.”
In view of passing of the order, dated 10.07.2013, by the Collector-cum-Chairman for District Aqua Culture Committee (Fisheries) and the order, dated 29.12.2014, passed by this Court in W.P.No.25245 of 2013 referred to above, this writ petition has become infructuous.
Hence, the writ petition is dismissed as infructuous.
As a sequel to dismissal of the writ petition, interim order, dated 30.04.2013, shall stand vacated and W.P.M.P.Nos.16803/13 and 19610/14 and W.V.M.P.No.2746 of 2013 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 29th December, 2014
VGB