HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.19582 & 31944 of 2014 Date:27.10.2014
WRIT PETITION No.19582 of 2014
Between:
Kotipalli Nageswara Rao, S/o Subba Rao and another.
. Petitioners And:
The Govt of A.P., reptd by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad and six others.
. Respondents Counsel for the Petitioners: Sri K.Chidambaram Counsel for Respondent Nos.1 to 3: AGP for Fisheries (Andhra Pradesh) Counsel for Respondent Nos.4 & 5: AGP for Revenue (Andhra Pradesh) Counsel for Respondent No.6: AGP for Revenue (Andhra Pradesh)
AND
WRIT PETITION No.31944 of 2014
Between:
Kotipalli Nageswara Rao, S/o Subba Rao and another.
. Petitioners And:
The Govt of A.P., reptd by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad and six others.
. Respondents Counsel for the Petitioners: Sri K.Chidambaram Counsel for Respondent Nos.1 to 3: AGP for Fisheries (Andhra Pradesh) Counsel for Respondent Nos.4 & 5: AGP for Revenue (Andhra Pradesh) The Court made the following:
COMMON ORDER:
Writ Petition No.19582 of 2014 is filed for the following substantive relief:
“to issue a writ of Mandamus or any other appropriate Writ Order or direction declaring the action of respondent Nos.2 to 6 in considering the request of respondent No.7 for conversion of his agricultural land situated in R.S.Nos.617, 618 and 619/D of Lankalakoderu Village, Palakol Mandal, West Godavari District into tanks to carry on aqua culture without taking into consideration of the petitioners objections through notice dt.03-03-2014 as illegal, arbitrary and contrary to Rule.7.29 of G.O.Ms.No.7, dated 16-03-2013 and consequently, to direct the respondents not to accord permission for conversion of the land of respondent No.7 into tank for aqua culture without considering the objections raised by the petitioners.”
Writ Petition No.31944 of 2014 is filed for the following substantive relief:
“to issue a writ of Mandamus or any other appropriate Writ Order or direction declaring the action of respondent Nos.3 to 5 in allowing respondent Nos.6 and 7 to carry on aqua culture activities in respect of their lands in Survey Nos.617/5B, 618/5A, 6,7 part and 618/1, 2, 3, 4, 5B, 7, 8, 9 and 617/4, 5A, 3, 2 of Lankala Koderu Village, Palakol Mandal, West Godavari District without any valid permission, without considering petitioners objections and in contravention of the provisions of G.O.Ms.No.7, dated16-03-2013, as illegal, arbitrary and contrary to law and consequently, to direct respondent Nos.2 to 5 not to allow respondent Nos.6 and 7 to carry on the aqua culture in the said land.”
At the hearing, Sri K.Chidambaram, learned counsel for the petitioners, who are common in both these Writ Petitions, submitted that respondent No.2 may be directed to take a decision on the applications of respondent Nos.6 and 7 for registration of their lands situated in Survey Nos.617/5B, 618/5A, 6,7 part and 618/1, 2, 3, 4, 5B, 7, 8, 9 and 617/4, 5A, 3, 2 of Lankala Koderu Village, Palakol Mandal, West Godavari District within a reasonable time after considering the objections of the petitioners.
As I find this request of the learned counsel reasonable, respondent No.2 is directed to take a final decision after considering the objections of the petitioners objectively in the light of G.O.Ms.No.7, dated 16.03.2013, and communicate its decision to both parties within a period of one month from the date of receipt of a copy of this order.
Subject to the above directions, the Writ Petitions are disposed of.
As a sequel to disposal of the Writ Petitions, interim order, dated 15.07.2014, in WPMP.No.24522 of 2014 is vacated and W.P.M.P.Nos.24522 and 39939 of 2014 filed by the petitioners for interim relief are disposed of and WVMP.No.2406 of 2014 is dismissed as infructuous.
27th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY