ORDER :

This writ petition is filed questioning the proceedings of the 2nd respondent, dated 16.6.2021, rejecting the application of the petitioner, which is filed seeking grant of license for aquaculture operations, as illegal and arbitrary.

2. Case of the petitioner is that,

(a) he is the owner and possessor of land admeasuring an extent of Ac.6.40 cents in Sy.Nos.450 and 466/1 of Pippara Village, Ganapavaram Mandal, West Godavari District

(b) he filed an application on 16.6.2021 before the 2nd respondent for grant of permission for doing aquaculture in an extent of Ac.2.51 cents

(c) the said application was rejected by the 2nd respondent/District Level Committee on the same day when it was filed, without assigning any cogent reasons and without following the procedure as contemplated under law, which is contrary to Section 23 (7) of the Andhra Pradesh State Aquaculture Development Authority Act, 2020. Challenging the same, the present writ petition is filed.

3. Heard the learned counsel for the petitioner and the learned Government Pleader for Animal Husbandry and with their consent this writ petition is disposed at the stage of admission.

4. As seen from the impugned order, petitioner filed an application seeking license/endorsement for Aquaculture Farm on 16.6.2021 and on the same day, the impugned rejection order was passed under Rule 12 of the Andhra Pradesh State Aquaculture Development Authority Rules, 2020 (for short ‘Rules of 2020’). The said rejection order reads as follows;

“Your Application filed vide reference cited for license/endorsement/transfer of license for Acqua farm/license for Aquaculture business operations/Innovative Technology in favour of Vinay Veerabhadra Rao Thummalapalli (Name of the application/firm/company) Proposed/Located at Miyapur Ganpavaram (R) West Godavari District is hereby rejected due to following reasons.

• Superintending Engineer, I and CAD – Deemed approval without the recommendation of Asst. Executive Engineer Irrigation. Hence recommended for rejection

• Joint Collector Rythu Bharosa – Too many deemed approvals from Mandal Level Committee Members. Hence this application is recommended for rejection.”

5. Section 22 of the Andhra Pradesh State Aquaculture Development Authority Act, 2020 (herein after referred to as ‘the Act of 2020’ ) deals with “Process of issuance of License for doing Aquaculture and the same reads as follows;

(1) All the existing aquaculture farmers who already got licenses/registrations for their farms from Department of Fisheries/CAA/MPEDA shall be eligible for continuation of their licenses/registrations. It is not necessary to apply for license/registration afresh. However, these old licenses/registrations are to be endorsed by the licensing authority of this Act in order to consider them to be issued under this Act.

(2) The licensed/registered aquaculture farmers under sub-section (1), shall submit their details in the prescribed format along with prescribed fee within four (4) months from the appointed date.

(3) The applications received, under sub-section (2) for endorsement of existing licenses/registrations, the process of endorsement shall be completed by the licensing authority within 15 days by following the prescribed procedure.

(4) If acceptance or rejection of application made under sub-section (2) is not issued within the stipulated time of fifteen (15) days, the license shall be deemed to be endorsed.

(5) If any existing aquaculture farmers who have not got license/registered with Department of Fisheries/CAA/MPEDA as on appointed date, shall apply for license in the prescribed format along with license fee within four (4) months from the appointed date.

(6) The license shall be issued by the licensing authority for the applications received under subsections (5) within fifteen (15) days from the date of application.

(7) If acceptance or rejection of application for license made under sub- section(5) is not issued within fifteen (15) days from the date of applic