HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition Nos.27027 and 36617 of 2013 Date: 20-01-2014 W.P.No.27027 of 2013 Between:
Savaram Trimurthulu .. Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary, Fisheries Department, Secretariat, Hyderabad and 6 others .. Respondents W.P.No.36617 of 2013 Between:
Savaram Mangatayaru and another .. Petitioners AND The Government of Andhra Pradesh, represented by its Principal Secretary, Fisheries Department, Secretariat, Hyderabad and 5 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition Nos.27027 and 36617 of 2013 COMMON ORDER:
W.P.No.27027 of 2013 is filed for declaring the action of the respondents 1 to 5 in not taking any action against the respondents 6 and 7 in digging fish tanks/prawn tanks in Survey No.950/B in an extent of Ac.1.30 cents and in Survey No.950/C in an extent of Ac.1.00 cents respectively of Dusanapudi village, Veeravasaram Mandal, West Godavari District without obtaining permission from the District Level Commits as per G.O.Ms.No.7, Animal Husbandry Dairy Development and Fisheries (FISH.II) Department, dated 16-03-2013 as illegal, arbitrary and contrary to the provisions of the said G.O. and for a consequential direction to the official respondents to initiate necessary action against respondents 6 and 7 and to prevent them from digging fish tanks/prawn tanks.
2. The case of the petitioner is that the petitioner is a resident of Dusanapudi village, Veeravasaram Mandal, West Godavari District and he has an agricultural land to an extent of Ac.2.10 cents in R.S.No.950/1A, Dusanapudi village, Veeravasaram Mandal, West Godavari District and that his lands as well as surrounding lands are fertile lands by carrying out paddy crops in the said lands. It is stated that the respondents 6 and 7 are having lands to the Eastern side of his lands and they are digging fish tanks in their agricultural lands in Survey No.950/1B in an extent of Ac.1.30 cents and in Survey No.950/1C in an extent of Ac.1.00 respectively and that they are started digging of fish tanks/prawn tanks in their lands without obtaining permission from the concerned authorities and that since the land of the petitioner is adjoining land to the lands of the respondents 6 and 7, his land will become useless and unfit for cultivation due to the aquaculture activity being undertaken by the respondents 6 and 7 and that the neighbouring lands also would be affected due to such aquaculture. It is further stated that in order to protect the fertile agriculture lands, the Government issued G.O.Ms.No.7, dated 16- 03-2013, wherein it is stated that fertile agriculture lands shall not be permitted for conversion into fresh water aquaculture ponds except in cases where agriculture lands are less productive, fallow, low lying, prone to water logging etc. On 26-06-2013, the petitioner made an application to the 5th respondent complaining about illegal digging of fish tanks by the unofficial respondents and that in spite of directions given by the 4th respondent to the 5th respondent not to recommend the application of the unofficial respondents for provisional permission as it is contrary to the G.O., the respondents 6 and 7 are started digging of fish ponds and proceeding with their activity. It is further stated that there is every possibility of their lands being useless and unfit for cultivation in the event of respondents 6 and 7 conducting aquaculture activity. Aggrieved by the said action, the present writ petition has been filed.
3. This Court, vide order dated 17-09-2013, directed the respondents authorities to ensure compliance with the terms and conditions prescribed in G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16-03- 2013 in the context of the fresh water aqua culture operations of respondents 6 and 7 in the subject lands.
4. The 5th respondent filed his counter stating that it is true that there is likelihood of causing damage to the agricultural lands of the petitioners and the surrounding agricultural lands, if the respondents 6 and 7 are continuing the aqua culture in the newly dug tanks unauthorisedly and that the said newly dug fish/prawn tanks are liable to be closed in order to protect the paddy fields of the petitioner and the surrounding ryots. It is further stated that the respondents 6 and 7 have dug the tanks unauthorisedly without any permission from the authorities during the strike period of A.P.N.G.O.’s from 13-08-2013 to 17-10-2013 due to Samaikyandhra Udyamam and that the digging of new fish tanks could not be stopped. It is further stated that action is taken for closure of the said unauthorisedly newly dug fish tanks by the respondents 6 and 7. Learned Assistant Government Pleader stated that in pursuance of the directions, the official respondents closed and dismantled the newly dug fish tanks.
5. In view of the statement made in the counter affidavit, the present writ petition deserves to be closed.
6. W.P.No.36617 of 2013 is filed by the petitioners therein, who are respondents 6 and 7 in W.P.No.27027 of 2013, seeking a declaration that the action of the respondents 1 to 4 in trying to dismantle the fresh water aqua culture land in an extent of Ac.2.46 cents in R.S.No.950/1B, 950/1C of Dusanapudi village, Veeravasaram Mandal, Narasapuram Mandal, West Godavari District as illegal, arbitrary and contrary to the guidelines issued in G.O.Ms.No.7, dated 16-03-2013.
7. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Fisheries.
8. In view of the statement made by the learned Assistant Government Pleader for Fisheries on instructions in W.P.No.27027 of 2013 that in pursuance of the directions of this Court, the newly unauthorized fish tanks dug by the respondents 6 and 7 were closed and dismantled, the present writ petition becomes infructuous and the same is liable to be dismissed. However, as the petitioner in the said writ petition made an application to the respondents authorities for grant of permission for establishment of new fish tanks in their lands as per G.O.Ms.No.7, dated 16-03- 2013, the concerned authorities are directed to consider and process the said application in accordance with the norms of the said G.O. and pass appropriate orders, after giving notice to the petitioners in both the writ petitions.
9. Accordingly, W.P.No.27027 of 2013 is closed and W.P.No.36617 of 2013 is dismissed as infructuous. No costs.
As a sequel thereto, Miscellaneous Petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 20-01-2014 Ksn