APHC010072062023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 3545/2023 Between:

1. C HINTHALAPUDI NAGESWAR RAO, S/O NARASIMHA MURTY, AGED ABOUT 51 YEARS, R/O D.NO 1-92, POTHUKURU VILLAGE, AINAVILLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

2. S ATTI SURYA CHANDRA REDDY,, S/O VEERA RAGHAVA REDDY, AGED ABOUT 49 YEARS, CULTIVATION, RIO D.NO 10- 266/M, MAHENDRAVAADA VILLAGE, ANAPARTHY MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

3. S ATTI SUJATHA,, W/O SATTI SURYA CHANDRA REDDY, AGED ABOUT 40 YEARS, CULTIVATION, RIO D.NO 10-266/M, MAHENDRAVAADA VILLAGE, ANAPARTHY MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

...PETITIONER(S)

AND

1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. THE COMMISSIONER OF FISHERIES APSADA, PORANKI, VIJAYAWADA, NTR DISTRICT, AP.

3. THE DISTRICT COLLECTOR CUMCHAIRMEN, DR B R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM, AP.

4. THE JOINT DIRECTOR OF FISHERIES, DR B R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM, A P.

5. THE TAHSILDAR, AINAVILLI MANDAL, DR B R AMBEDKAR KONASEEMA DISTRICT, A P.

6. THE INSPECTOR OF FISHERIES, MUMMIDIVARAM, DR B R AMBEDKAR KONASEEMA DISTRICT, A P.

7. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, DR B R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM.

8. THE DIVISIONAL ENGINEER, IRRIGATIONS, DR B R AMBEDKAR KONASEEMA DISTRICT, A P.

9. VETIKURI SIVA RAJU VARMA, S/O VENKATA RAJU, MARKET CHAIRMAN, MAGAM VILLAGE, AINAVILLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

10. C HELLIBOYINA SRINIVASARAO, EX-VICE CHAIRMAN HIGH SCHOOL ROAD, AMALAPURAM, AMALAPURAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

11. P ENUMATSA VENKATAPATHIRAJU CHITTI RAJU, S/O RAMBHADRA RAJU, PALLIPALEM VILLAGE, H/O MUMMIDIVARAM VILLAGE, MUMMIDIVARM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

12. P ERICHERLA HYMAVATHI, W/O SUBBA RAJU DOOR NO.1-

196, CHINNA SCHOOL STREET, ANATAVARAM VILLAGE, MUMMIDIVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

13. Y ALLA VIJAYA JYOTHI, W/O DEVU HANUMAN ARUNA VIJAYA BHASKAR KUMAR NAID, DOOR NO.12-2-26, YALLA VARI COLONY AREA, CANAL ROAD, AMALAPURAM TOWN, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

14. C HILIVURI VANI, W/O SURYANARAYANA RAJU POTHUKURRU VILLAGE, AINAVILLI MANDAL, DR.B.R.AMBCDKAR KONASEEMA 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 Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents no 2 to 8 in not initiating any action against the respondents no 9 to 14 for growing prawns in eight tanks with salt water in S.No 96, 106-2, 107, 97-1A, 107, to an extent of Ac.17.57 cts of Pothukuru Village, Ainavilli Mandal, Dr.B.R.Ambedkar Konaseema District, contrary to the license obtained to rare fish in fresh water, inspite of issuing show cause notice dt 02-01-2023 and 23-01-2023 to the respondents no 9 to 14, as illegal, arbitrary, contrary to the provisions of A.P SADA, Act 2020 and the rule made their under and Arts 14, 19 (g) and 21 of the Constitution of India and consequently direct the respondents no 2 to 8, to initiate action against the respondent no 9 to 14 in pursuant to the show cause notice dt 02-01-2023 and 23-01-2023 by cancelling the license granted to the respondents no 9 to 14 for the fish tanks stated supra and pass such 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 no 2 to 8 to see to that the respondents no 9 to 14 do not grow/cultivate the prawns with salt water in the fish tanks in S.No 96, 106-2, 107, 97-1A, 107, to an extent of Ac.17.57 cts of Pothukuru Village, Ainavilli M