APHC010302042023 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15472/2023 Between:

1. S RI BOLLINA RAMA KRISHNA, S/O LATE RAMA MURTHY, AGED ABOUT 62 YEARS, HINDU, R/O D.NO. 2-51/1, JAGANANADHAPURAM, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT-534145 ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES, SECRATERIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

3. T HE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM.

4. T HE TAHSILDAR, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.

5. T HE DISTRICT FISHERIES OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT.

6. T HE ASSISTANT INSPECTOR OF FISHERIES, TANUKU, WEST GODAVARI DISTRICT.

7. T HE VILLAGE REVENUE OFFICER, JAGANNADHAPURAM VILLAGE, TADCPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.

8. U LLURI SATISH, S/O VENKATA RAO, AGED ABOUT 42 YEARS, HINDU, R/O JAGANNADHAPURAM VILLAGE, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a direction, an order, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent issued notice vide RC No. 830/2023/B dt.31.05.2023 and 6th respondent issued notice vide Notice No. 4/A/2022-23 dated 20-10-2022 is illegal, arbitrary and against the principals of natural Justice and set a side the same and consequently direct the respondents to regularize the petitioner's existing fish pond in Sy No's. 440/1 situated at Jagannadhapuram Village, Tadepalligudem Mandal, West Godavari District, and pass IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents not to take any coercive steps against the petitioner basing on the notice vide RC No. 830/2023/B dt.31.05.2023 issued by the 4th respondent in the petitioners' existing fish pond in Sy No's. 440/1 situated at Jagannadhapuram Village, Tadepalligudem Mandal, West Godavari District„ pending disposal of the above writ petition and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant leave to the petitioner herein/Respondent No.6 in the Writ Petition No. 15472 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner:

1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR IRRIGATION COMM AREA DEV The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.15472 OF 2023

O R D E R:

The present Writ Petition is filed questioning the notice issued by Respondent No.4 vide Rc.No.830/2023/B, dated 31.05.2023, and the similar notice issued by Respondent No.6 vide Notice No.4/A/2022-23, dated 20.10.2022, directing the Petitioner to stop prawn culture in the fish pond and to remove the fish pond as illegal and arbitrary.

2. The facts in brief are as follows: -

The Petitioner is an owner of an extent of Ac.4.11 Cents in Sy.No.440/1 situated at Jagannadhapuram Village of Tadepalligudem Mandal, West Godavari District. It is submitted that the Petitioner made an application for regularization of the fish pond in the aforesaid land with requisite fee on 04.06.2013, and no orders were said to have been passed thereon. While so, a complaint was made against the Petitioner in Spandana on 26.09.2022 before the District Collector regarding illegal fish/prawn