The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.39789 of 2014 Dated: 26.12.2014 Between:
Valavala Venkateswara Rao and 2 others.
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Petitioners and The State of Andhra Pradesh, Rep. by its Prl.Secretary, Dept of Animal Husbandry Dairy Development & Fisheries (F.11) Dept., Secretariat, Hyderabad, and 3 others.
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Respondents Counsel for the petitioners: Mr.TVVK.Rao Counsel for the respondents: A.G.P. for Civil Supplies (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the notice in R.C.B.472/2014, dated 23- 09-2014, issued by respondent No.3, whereby he has called upon the petitioners to dig a seepage pit with a width of three meters between their prawn culture pond and the land of respondent No.4.
It is the pleaded case of the petitioners that respondent No.4 has kept his land fallow for the last 20 years and that therefore, it is wholly false to allege that due to absence of seepage pit, his land is rendered useless for agricultural purpose. The petitioners have further pleaded that in the recent elections, the wife of respondent No.4 has contested for the post of Sarpanch and that as the petitioners worked against her, respondent No.4 bore grudge and gave complaint against them. The petitioners have filed a copy of their reply, dated 15-10-2014, to the impugned notice, wherein they have referred to the above- mentioned averments.
A perusal of the impugned proceeding shows that though the same is styled as a notice, it contains a mandatory direction to dig the seepage pit.
In my opinion, respondent No.3 ought to have issued a notice giving the petitioners an opportunity of explaining their case before directing them to dig the seepage pit. As the petitioners have submitted their reply, respondent No.3 is directed to hold an enquiry wherein he shall give an opportunity of personal hearing to the petitioners as well as respondent No.4 and pass an order. Till this process is completed, respondent No.3 shall not interfere with the prawn culture being carried on by the petitioners.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel to disposal of the Writ Petition, WPMP.No.49903 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V. Nagarjuna Reddy, J) Dt: 26th December, 2014 lur