HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.38795 of 2014 Date:17.12.2014 Between:
Patakula Rangarao, S/o Venkateswarlu and another.
. Petitioners And:
The State of A.P., reptd by its Principal Secretary, Department of Animal Husbandry, Dairy Development and Fisheries (F.II), Hyderabad and four others.
. Respondents Counsel for the Petitioners: Sri T.V.V.K.Rao Counsel for Respondent Nos.1 & 4: AGP for Fisheries (AP) Counsel for Respondent Nos.2 & 3: AGP for Revenue (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to direct respondent Nos.1 to 4 not to grant permission to respondent No.5 for carrying on fresh water aquaculture over an extent of Acres.6.60 cents of land in R.S.Nos.548/FH, 549/A.B.C.D/P,556/1 of Polukonda Village, Nandiwada Mandal, Krishna District.
At the hearing, Sri T.V.V.K.Rao, learned counsel for the petitioners, has submitted that his clients have made representations on 09.05.2013, 13.05.2013 and 25.11.2014 to respondent Nos.2 to 4 not to permit respondent No.5 to convert his above-mentioned agricultural land into fresh water aquaculture pond in terms of Clause-7.2 of G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013 (for short ‘G.O.Ms.No.7’), and that respondent No.2 is likely to grant permission to respondent No.5. He has further submitted that even though provisional registration of the application of respondent No.5 has not been made, he is not prevented from proceeding with the digging of the ponds, raising the bunds and filling the same with water.
As no decision has been taken by the District Level Committee, Krishna District so far, the said authority is directed to consider the grievance of the petitioners and take a decision strictly in accordance with G.O.Ms.No.7. Respondent No.3 and 4 are directed to inspect the above- mentioned land of respondent No.5 and if they find that respondent No.5 is proceeding with conversion of his land into fresh water aquaculture pond without any permission, they shall prevent him from proceeding further after notice to him.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, W.P.M.P.No.48588 of 2014 filed by the petitioner for interim relief is disposed of as infructuous.
17th December 2014 DR JUSTICE C.V.NAGARJUNA REDDY