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2023 Supreme(AP) 174

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. GANGA RAO, J.
Pathivada Ramaswamy – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 16269 of 2017, Writ Petition No. 16003 of 2018
Decided On : 25-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: Prabhakar Peri.

Headnote:

A.P. State Aquaculture Development Authority Act, 2020 - Agricultural land - Registration certificate - Petitioners in both writ petitions are one and the same and filed W.P. No. being aggrieved by order passed by 3rd respondent Commissioner of Fisheries (Ex-Officio) confirming final registration certificate in FR No issued in favour of 7th/8th respondents in W.P. Nos. respectively for fresh water aquaculture farm by proceedings No. dated in appeal preferred by petitioners against final registration certificate dated as being illegal and contrary to G.O.Ms. No. 7 and 15 - In these two writ petitions, petitioners as well as respondents are one and same and cause of action in both writ petitions is the grant of final registration certificate No. on similar facts and law, these two writ petitions are heard together and are disposed of by this common order - Held, fresh water aquaculture could be permitted in inundated, submergible lands and subsequently Government has notified aquaculture zones and prawn culture zones - 2nd respondent and District Level Committee is directed to consider matter of grant of permission for fresh water aquaculture to 7th/8th respondent in writ petitions afresh by giving opportunity to petitioners and others for submitting objections by calling objections from concerned Gram Panchayat as per guidelines issued in G.O.Ms. No. 7 dated as amended in G.O.Ms. No. 15 dated and as per provisions of A.P. State Aquaculture Development Authority Act, 2020 and rules made thereunder and pass appropriate reasoned order as per law within a period of eight (8) weeks from date of receipt of a copy of this order and communicate same to petitioners - Accordingly, both Writ Petitions are disposed of

ORDER :

1. The petitioners claims to be the marginal and small farmers having small extent of agricultural land in various survey numbers in Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District filed this writ petition questioning the final registration certificate No. FRN011600004636 dated 31.10.2016 issued by the 2nd respondent in favour of the 7th respondent and his family members to do fresh water aquaculture in the 7th respondent lands is contrary to the procedure laid down in the guidelines issued in G.O.Ms. No. 7 dated 16.3.2013 as amended in G.O.Ms. No. 15 dated 26.5.2015.

2. The petitioners in both the writ petitions are one and the same and filed W.P. No. 16003 of 2018 being aggrieved by the order passed by the 3rd respondent Commissioner of Fisheries (Ex-Officio) confirming the final registration certificate in FRNo11600004636 issued in favour of the 7th/8th respondents in W.P. Nos. 16269 of 2017 and 16003 of 2018 respectively for fresh water aquaculture farm by proceedings No. 2125/P2/2017 dated 27.10.2017 in the appeal preferred by the petitioners against the final registration certificate dated 31.10.2016 as being illegal and contrary to G.O.Ms. No. 7 and 15.

3. In these two writ petitions, petitioners as well as the respondents are one and the same and the cause of action in both the writ petitions is the grant of final registration certificate No. FRN011600004636 on similar facts and law hence, these two writ petitions are heard together and are disposed of by this common order.

4. Brief facts of the case are that all the petitioners are villagers of Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District and they are small and marginal farmers holding small extent of agricultural lands in various survey numbers as detailed below and eaking out their livelihood from cultivating their lands:

S. No.

Petitioner

Extent of Land Ac. cents

Sy. Nos.

1

1st petitioner

1-00

50/2 and 50/3

2

2nd petitioner

2-00

60/3

3

3rd petitioner

1-20

58/1B

4

4th petitioner

0-32

57/5

5

5th petitioner

2-36

28/1

6

6th petitioner

1-91

67/3

7

7th petitioner

0-98

57/1F

8

8th petitioner

0-56

51

9

9th petitioner

0-18

53/TB

The lands are double crop wet lands and extremely fertile lands irrigated through canal water. Sri Katari Prudvi Raju, 7th/8th respondent in the above writ petitions submitted an application to the 2nd respondent District Level Committee for grant of provisional registration certificate for doing fresh water aquaculture in respect of his land extent Ac. 17.43 cents in Sy. Nos. 60/1, 2F, 61/1, 2A, 2B, 62, 65, 65/2 of Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District which are double crop wet lands and extremely fertile and suitable for cultivation. When the 2nd respondent without conducting any proper enquiry and without giving any opportunity to the neighbouring land owners granted provisional registration certificate for fresh water farming to the 7th respondent on 1.7.2014 to an extent of land Ac. 22.78 cents, W.P. No. 20520 of 2014 is filed and the same was disposed of directing the respondents to consider the objections raised by the petitioners before granting final registration. But, the 2nd respondent without considering the objections passed orders on 24.07.2014 in favour of 7th/8th respondent permitting him to dig fresh water aquaculture tank, after laying drain pipe lines into the Undi main canal. Assailing the said order, some of the petitioners filed W.P. No. 38650 of 2014 and an interim order was granted on 16.12.2014 restraining the 8th respondent from proceeding with the process of laying the drain pipes and the District Level Committee was restrained from consideri

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