ORDER :

1. The petitioners claims that they got final registration of existing fresh water fish tanks in respect of the subject lands filed this writ petition being aggrieved by the orders passed by the 2nd respondent in the impugned appeal proceedings dated 19.04.2021 wherein and whereby, directed the petitioners (i) to harvest the existing crop within 15 days from the date of receipt of the order to enable the Revenue Department to conduct survey for demarcation of the appellant’s land; (ii) the Tahsildar to arrange to conduct survey and set apart the land of the appellants and fix up the boundaries duly checking the survey numbers, documentary evidences, original link documents etc. and (iii) further the respondents shall construct the tanks in their own land only after setting apart the land of Appellants (Respondents 6 and 7) after demarcation by the Revenue Department duly obtaining approval from Department of Fisheries as per the provisions contained under A.P. State Aquaculture Development Authority Act, 2020 and for further continuation of culture in respondents’ ponds is subject to the orders to be issued by the Court in the pending cases in this regard, which is being illegal, arbitrary and without jurisdiction.

2. Brief facts of the case are that the 2nd petitioner Uddaraju Venkata Subba Raju and others were granted permission for fresh water aquaculture/prawns existing fish tanks from 29.01.2009 to 28.1.2014 for a period of five years spreading in an extent of Ac. 31.15 cents in Sy. Nos.9, 24 and 25 of Undi village and Mandal. It appears from the record that even the fish ponds are formed including the land of the Respondents 6 and 7 in an extent of Ac. 2.00 cents in Sy. No. 9/2C and 9/6A of Undi village and Mandal and jointly converted the entire lands into a single fish tank and leased out the same to others. After expiry of the lease period, remaining portion of the fish ponds were handed over to the respondents 6 and 7. As per the unregistered lease deed, the understanding among all of them is that as and when any of the owners is not interested or the lease period is expired, either the petitioners or the remaining owners are at liberty to cultivate their respective lands on their own with demarcation of the respective portions of land from that of the entire fish tank, including restoration of irrigation and drainage facilities as were existing before conversion of the entire land into fish ponds. After expiry of lease period, the petitioners were not interested to continue the aquaculture on lease basis. They intended to have their fish tanks within the specified boundaries. The 6th and 7th respondents land in an extent of Ac. 2.00 cents in Sy. No. 9/2C and 9/6A is to be handed over to them from the entire fish pond spread over Ac. 31.15 cents, by restoring the irrigation and drainage facilities and demarcating the land, however, the petitioners were postponing the same on one pretext or the other. A part of the land in an extent of Ac. 5.00 cents in R.S. No. 9-1C and 9-1D belong to one Smt K. Sujatha who is a close blood relative of the 2nd petitioner. She is in abroad for more than three years. The 2nd petitioner has been looking after the same, including taking lease amounts from the lessees. However, the petitioner got certificate of registration of existing fresh water aquaculture farm on 15.11.2015 under 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 in respect of the existing fish ponds spread over in an extent of land in Ac. 31.15 cents in Sy. Nos. 9, 24 and 25 of Undi Village and Mandal. As per the counter filed by the 4th respondent Joint Director of Fisheries/Convener, District Level Committee for fresh water aquaculture, the lease period is from 05.11.2015 to 06.11.2018 and the same was expired on 06.11.2018. The petitioners have no license to do aquaculture. When the petitioners are not cooperating for demarcation of the land extent of Ac. 2.00