HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.26507 of 2014 Date : 18-12-2014 Between:
Tirumani Yedukondalu and others ..
Petitioners and The Government of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioners : Ms. Kesava Kumari Nemala Counsel for respondent Nos.1 to 4: Assistant Government Pleader for Revenue Counsel for respondent Nos.5 & 6 : Assistant Government Pleader for Fisheries (AP) The Court made the following:
ORDER:
This Writ Petition is filed with the grievance that the officials of the Revenue and the Fisheries Department have not been taking action preventing respondent No.7 from unauthorisedly carrying on aqua-culture over the lands situated adjacent to the petitoiners’ ‘assigned lands’.
At the hearing, the learned Assistant Government Pleader for Fisheries, on instructions, submitted that in R.S.No.1845 of Losari Gutlapadu village, Bhimavaram Mandal, West Godavari District, in respect of which the petitioners have filed this Writ Petition, no fish tanks of respondent No.7 are in existence and that only one fish tank being maintained by R. Surya Rao alone is in existence in the said survey number.
The learned Counsel for the petitioners has seriously disputed this submission.
In view of this disputed question of fact, this Court cannot decide same in this Writ Petition under Article 226 of the Constitution of India. However, the petitioners are permitted to make a detailed representation to respondent No.5 supported by the evidence showing respondent No.7 as carrying on the aqua-culture activity in R.S.No.1845. Within two weeks of making such representation by the petitioners, respondent No.5 shall hold an enquiry, which includes personal inspection, and take appropriate action if he finds that respondent No.7 has been carrying on aqua- culture without permission.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.33151 of 2014 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 18-12-2014 AM