ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…. to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents No.2 to 6 in not preventing the 7th respondent from digging of aquaculture tanks in the land an extent of Ac.0.92 cents in Sy.No.712/4 situated at Pallamkuru, Katrenikona Mandal, East Godavari District without there being any permission from the concerned authorities to convert the agriculture lands into aquaculture is highly illegal, arbitrary, unjust, improper, contrary to law and violation of the fundamental rights and also in violation of principles of natural justice and consequently direct the respondents No.2 to 6 to act in accordance with law against the 7th respondent and pass.….”

2) The brief facts of the case are that, the petitioner is having an extent of Ac.0.92 cents agriculture land situated in Sy.No.712/4 of Pallamkuru, Katrenikona Mandal, East Godavari District. The agricultural land of the petitioner is very fertile land. Every year the petitioner used to cultivate two crops of paddy and getting 100 bags of paddy. On east side of agriculture land of the petitioner, respondent No.7 is having Ac.8.00 cts., agricultural land. Respondent No.7 is making efforts to convert his agricultural lands into aquaculture tanks in Sy.No.712/4 of Pallamkuru, Katrenikona Mandal, East Godavari District without obtaining permission from the Fisheries Department and conversion certificate from the revenue department had started digging of the land for construction of tanks illegally and unauthorisedly. Due to conversion of agricultural lands into fish tanks, adjacent lands will be peculated with chemical water and yield of the crop would be reduced gradually. If the tank water is polluted either due to excess feeding or by using chemicals for aquaculture tank, water will enter into adjacent lands due to seepage from the underground lands. If heavy rains occur, the tanks will become full and due to which the bunds may break and they will enter into his agricultural lands and may cause damage to the crops.

3) It is further stated that the petitioner made representations dated 18.02.2018, 19.02.2018 and 20.02.2018 to respondent Nos.2 to 6 and requested to stop the digging of tank by the 7th respondent without obtaining permission from the authorities, but the respondents have not taken any action. Thereafter, the petitioner submitted application dated 12.03.2018 under Right to Information Act, 2005 to respondent Nos.4 and 5. In reply, respondent No.5 has informed the petitioner vide his proceedings No.DSA/137/2008 dated 19.03.2018 that no permission has been given for digging of aquaculture ponds in Sy.No.712/4 of Kotha Adi Andhra Area, Pallamkur Village, Katrenikona Mandal to the 7th respondent. As per G.O.Ms.No.7 dated 16.03.2013 and G.O.Ms.No.15 dated 26.05.2015 the irrigated land should not be permitted to convert as fresh water aquaculture units. Further, for conversion of agricultural land into non-agricultural process, permission has to be obtained under Section 3 of the Conversion Act. But, respondent No.7 never obtained conversion certificate before converting his agricultural land into non-agricultural land and never applied for permission for digging of tank. But, inspite of the same, as no action has been initiated by the respondent Nos.2 to 6 as against the 7th respondent;

the present writ petition is filed.

4) When the writ petition came up for admission on 04.06.2018, this Court has passed the following interim order in I.A.No.01 of

2018.

“If there is no permission as on today issued in favour of the 7th respondent, the official respondents herein shall restrain the 7th respondent from proceeding with the digging of aquaculture tanks in Sy.No.712/4 situated at Pallmkuru, Katrenikonda Mandal, East Godavari District.”

5) Respondent No.3 – Fisheries Devel