W.P.NOS. 5380, 5385, 5359, 5360,5383 AND 5384 OF 2017

Transcription

1 HIGH COURT OF JUDICATURE AT HYDERAS4D FOR THE STATE OF TELANGANA THE STATE OF ~RA PRADESH (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF APRIL TWO THOUS SEVENTEEN PRESENT THE HON'BLE SRI JUSTICE A V SESHA SA!: W.P.NOS. 5380, 5385, 5359, 5360, OF 2017 WRIT PETITION NO: 5380 OF 2017 Vadla Patla Seshagiri Rao S/o Ramadasu, age about 52 years, rio: H.No. 3-24, Shivalayam Street, Kovvali Village, Denduluru Mandai, West G~davari District -...PETITIONER 1. State of Andhra Pradesh, rep. by its Principal Secretary, Fisheries Dep~~ment, Secretariat Building-s, Velaqapudl, Arnaravathi, Guntur Distris-,A.P. I' Registration of Aquaculture, West Godavari District, Elurl,l 3. The Deputy Director of Fisheries, Convener-District Levell Committee, Fresh Water Aquaculture, West Godavari District, Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Denduluru Mandai, West Godavari District...RESPONDENTS, Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the IHi9h Court may be pleased to issue any appropriate writ, order or direction particularly one in the nature of writ of Mandamus, declaring the proceedings dt: , thereby, rejecting to issue certificate of provisional registration for fresh water aquaculture farm in Sy. Nos. 413, 413/3, 413/4, 413/6 & 414/2,3,4 total extent being AC.17.09cents of Kovvali Village, Denduluru Mandai, est Godavari District is arbitrary, illegal and contrary to the guidelines issued in G.O.Ms.NO. 7, Animal Husbandry, Diary Development and Fisheries (Fish-H) Department, dt: and consequently issue a direction to set-aside tt e proceedings dt: Y' and direct the respondents to issue certificate of provisional p,., registration for fresh water aquaculture farm for the above said lands WPMP NO OF 2017 Petition under Section 151 CPG praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Hig Court may be pleased to direct the respondents to reconsider the application for fresh water aquaculture in respect of the lands in Sy. Nos. 413, 413/3, 413/4, 413/6 & 414/2,3,4 total extent being AC.17.09cents of Kovvali Villa e, Denduluru Mandai, West Godavari District, forthwith, pending disposal of the above writ petition Counsel for the Petitioner: SRI B.SOMASEKHAR -.~.-~.:::-: --=:==--~=--=--= "',,--~--

2 .I 2.1 /'.1 Counsel for Respondent: GP FOR FISHERIES (AP) WRIT PETITION NO: 5385 OF 2017 Sanapala Saleraghavulu Sio Ramulu, age about 46 yrs, rio: H.No. 9-54, Sai Saba temple Street, Kovvali Village, Denduluru Mandai, West Godavari District...PETITIONER 1. State of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Arnaravathi, Guntur District, A. P.. Registration of Aquaculture, West Godavari District, Eliuru 3. The Deputy Director of Fisheries, Convener-District Level Committee, Fresh Water Aquaculture, West Godavari District, Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Denduluru Mandai, West Godavari District...RESPONDENTS 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 to issue any appropriate writ, order or direction particularly one in the nature of writ of Mandamus, declaring the proceedings dt: , thereby, rejecting to issue certificate of provisional registration for fresh water aquaculture farm in Sy. Nos. 414/4, 5, 6, 415/1, 2, 3, 4, 5, extent being Ac.18.58cents of Kovvali Village, Denduluru Mandai, West Godavari District is arbitrary, illegal and contrary to the guidelines issued in G.O.Ms.No. 7, Animal Husbandry, Diary Development and Fisheries (Fish-J!) Department, dt: and consequently issue a direction to set-aside the proceedings dt: and direct the respondents to issue certificate of provisional registration for fresh water aquaculture farm for the above said lands WPMP NO OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to reconsider the application for fresh water aquaculture in respect of the lands In Sy. Nos. 414/4, 5, 6, 415/1, 2, 3, 4, 5, extent being Ac.18.58cents of Kovvali Village, Denduluru Mandai, West Godavari District, forthwith, pending disposal of the above writ petition Counsel for the Petitioner: Counsel for Respondent: SRI B.SOMASEKHAR GP 'FOR FISHERIES (AP)

3 3 WRIT PETITION NQ: 5359 OF 2017 Gal"apati Ratna Kumar Sio Gangadhara Rao, age about 43 years, rio: H.No. 3-29, Kovvali Village, Denduluru Mandai, West Godavari District... PETITIONER 1. state of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. Registration of Aquaculture, West Godavari District, Eluru 3. The Deputy Director of Fisheries, Convener-District Level Committee, Fresh Water Aquaculture, West Godavari District, Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Dehduluru Mandai, West Godavari. District,...R'ESPONDENTS 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 to issue any appropriate writ, order or direction particularly one in the nature of writ of Mandamus, declaring. the proceedings dt: , thereby, rejecting to issue certificate of provisional registration fo fresh water aquaculture farm in Sy. Nos. 322/1, 323/1, 323/2 & 323/3 extent being Ac /2 cents of Kovvali Village, Denduluru Mandai, West Godavari District is arbitrary, illegal and contrary to the guidelines issued in G.O.Ms.NO. 7, Animal Husbandry, Diary Development and Fisheries (Fish-II) Department, dt: and consequently issue a direction to set-aside the proceedings dt: and direct the respondents to issue certificate of provisional registration for fresh water aquaculture farm for the above said lands and pass WPMP NO OF 2017 Petition under Section 151 CPC praying that in the qircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to reconsider the application fer fresh water aquaculture in respect of the lands in Sy. Nos. 322/1, 323/1, 323/2 & 323/3, extent being Ac /2 cents of Kovvali Village, Denduluru Mandai, West Godavari District, forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: SRI B.SOMASEKHAR Counsel for Respondent: GP FO~ FISHERIES (AP) WRIT PETITION NO: 5360 OF 2017 Pericharla Krishnam RaJuSio Narsimha Raju, age 55 vrs, rl?: ~.~o. 2-46, Main Road, Kovvali Village, Denduluru Mandai, West Godavan District...PETITIONER 1. State of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravath'i, Guntur District, A.P.

4 4 I Registration of Aquaculture, West Godavari District, Eluru 3. The Deputy Director of Fisheries, Convener-District Level Committee, Fresh Water Aquaculture, West Godavari District Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Denduluru Mandai, West Godavari District... RESPONDENTS 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 Issue any appropriate writ, order or direction particularly one in 'the nature of writ of Mandamus, declaring the proceedings dt: , thereby, rejecting to issue certificate of provisional registration for fresh water aquaculture farm in Sy. Nos. 313/5, 6A, 6B, 6D, 6F, 8, 9A extent being Ac.17.50cents of Kovvali Village, Denduluru Mandai, West Godavari District is arbitrary, illegal and contrary to the guidelines issued ih G.O.Ms.No. 7,.Animal Husbandry, Diary Development and Fisheries (Fish-H) Department, dt: and consequently issue a di 'ection to set-aside the proceedings dt: and direct the respondens to issue certiticate of provisional registration for fresh water aquaculture fa -m for the above said lands and pass WPMP NO OF 2017 Petition under Section 1.51 ('PC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to recor -sider the application for fresh water aquaculture in respect of the lands in Sy. Nos, 313/5, 6A, 68, 6D, 6F, 8, 9A extent being Ac.17.50cents of Kovvali Village, Denduluru Mandai, West Godavari District, fortheith, pending dispose I of the above writ petition and pass Counsel for the Petitioner: SRI B.SOMA,EKHAR Counsel for Respondent: GP FOR FISH'':RIES (AP) WRIT PETITION NO: 538,3OF 2017 Paidi Venkat Raju S/o Venkateshwar Rao,'.'age 48 yrs, rio: H.No. 3-26, Shivalayam Street, Kovvali Village, Denduluru Mandai, West Godavari District... PETITIONER 1. State of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. Registration of Aquaculture, West Godavari District, Eluru 3. The Deputy Director of Fisheries, Convener-District Level Committee, Fresh Water Aquaculture, West Godavari District, Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Denduluru Mandai, West Godavari District... RESPONDENTS -~, ~~~ _.-===-====- -

5 5 Petition under Article 226 of the Constitution of Iindia praying that in the circumstances stated in the affldavit filed therewith, the High Court may be pleased to issue any appropriate writ, order or direction particularly one in the nature of writ at Mandamus, declaring the proceedings dt: , thereby, rejecting to issue certificate of provisional registration for fresh water aquaculture farm in Sy. Nos. 311/1,311/2, 311/2A, 2B, 311/3, 3A, 3B, 312/1,2, 313/1,2,3,4,314/4,320/1,2,3,321/1,2,3,322/2,3, 4, 323/38, extent being Ac.38.32cents of Kovvali Village, Denduluru Mandai, West Godavari District is arbitrary, illegal and contrary to the guidelines issued in G:O.Ms.No. 7, Animal Husbandry, Diary Development and Fisheries (Fish-H) Department, dt: and consequently issue a direction to set-aside the proceedirigs dt: and direct the respondents to issue certificate of provislonal registration for fresh water aquaculture farm for the above said lands and pass WPMP NO OF 2017 Petition under Section 151 CPC praying that in the circumstances -. stated in the affidavit filed In support of the writ petition, the High Court may be pleased to to direct the respondents to reconsider the application for fresh water aquaculture in respect of the lands in Sy. Nos. 311/1, 311/2, 31112A, 26, 311/3, 3A, 36, 312/1, 2, 313/1, 2, 3, 4, 314/4, 320/1, 2, 3, 321/1, 2, 3, 322/2, 3, 4, 323/36, extent being AC.38.32cents of Kovvali Village, Dendulu' u Mandai, West Godavari District, forthwith, pending disposal of the above writ getition and pass Counsel for the Petitioner: SRI B.SOMASEKHAR Counsel for Respondent: GP FOR FISHERIES (AP) WRIT PETITION NO: 5384 OF 2017 Kuti Kuppala Ramakrishna Sio Appanna, age about 45 years, rio: H.No. 3-26, Shivalayam Street, Kovvali Village, Denduluru Mandai, West, Godavari District...PETITIONER 1. State of Andhra Pradesh rep. by its Principal Secretary, FiSheries Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A. P. Registration of Aquaculture, West Godavari District, Eluru 3. The Deputy Director of Fisheries, Convener-District Level <Eommittee, Fresh Water Aquaculture, West Godavari District, Eluru 4. The Mandai Level Committee, Fresh Water Aquaculture, Denduluru Mandai, W,est Godavari District...RESPONDENTS Petition under Article 226 of the Constitution of Indiia praying that in the circumstances stated in the affidavit filed therewith, the Hi:gh Court may be pleased Issue any appropriate writ, order or direction particularly one in the nature of writ of Mandamus, declaring the proceedings dt: , thereby, rejecting to issue certificate of provisional registration for fresh water - '~----'-

6 6 if/ I / aquaculture farm in Sy. Nos, 400/2, 400/3, 402/1, 402/3' extent being Ac.63.78cents of Kovvali Village, Denduluru Mandai, West Godavari District is arbitrary, illegal and contrary to the guidelines issued in G.O.Ms.No.. 7, Animal Husbandry, Diary Development and Fisheries (Fish-II) Department, dt: and consequently issue a direction to set-aside the proceedings dt: and direct the respondents to issue certificate of provisional registration for fresh water aquaculture farm for the above said lands and pass WPMP NO OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to reconsider the application for fresh water aquaculture in respect of the lands in Sy. Nos. 400/2, 400/3, 402/1, 402/3 extent being AC.63.78cents of Kovvali Village, Denduluru Mandai, West Godavari District, forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: SRI B.SOMASEKHAR Counsel for Respondent: GP FOR FISHERIES (AP) The Court made the following: COMMON ORDER ~-,--~ -~ =- ' - ---===:==::'"--:. ~.'

7 THE HON'BLE SRI JUSTICE A.V.SESHA SAl WRIT PETITION Nos.5380,5385, 5359, 5360, 5383 and 5384 of 2017 COMMON ORDER: Petitioners in these Writ Petitions share a similar grievance, ~. as such, this Court deems it appropriate to dispose ofithese writ petitions by way of this common order. Heard learned counsel for petitioners and learned Government Pleader for respondents. In these cases, the petitioners submitted applications for grant of permission for carrying on aquaculture in their lands. Their grievance is that though the District Level combittee is the authority competent to consider their applications, the Mandal Level Committee rejected their applications and Ie same is totally one without jurisdiction. It is the case of the petitioners, as advocated by the learned counsel for the petitioners, that as per paragraph 4(2) of the instructions issued by the State!Govemment vide G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated , the competent I authority is the District Level Committee, headed by the District Collector, as the Chairman, as constituted under paragraph 4(3) of the said Governmental Order. It is submitted by the learned counse~for " the petitioners that contrary to the saia instructions, the Mandal Level Committee rejected the applications of the /

8 ~ ~--~--~ ~ 2 - '. AVSS, J W.P.No.S380 Qf petitioners for grant of permission for carrying on aquaculture in their lands. A counter-affidavit deposed by the Deputy Director, Fisheries Department, Blum, VIest Godavari District, is filed and.1 at paragraph 9 thereof, it is stated that after rejection of the said -. applications, the petitioners submitted their applications on to the answering respondent for reconsideration under G.O.Ms.No.7, dated , and the said applications are under active consideration. By referring to the said G.O., it is 'I submitted by the learned Government Pleader that on the applications submitted by the petitioners, appropriate action would be taken. Having heard the learned counsel for the petitioners and the learned Government Pleader, this Court is of the considered i I opinion that ends of justice would be served, if the respondents are directed to consider the applications, dated submitted by the petitioners in accordance with G.O.Ms.No.7, dated For the aforesaid reasons, these Writ Petitions are disposed of, directing the respondents to reconsider the applications of the petitioners for grant of provisional registration strictly In»: / I'

9 ;\~~ii; ~ ~'1P~!i!!!!lt~ J AVSS, J W.P.No.53800('2017 accordance with law, within a period of four weeks'froffi the date of receipt of a copy of this order. To, Consequently, Miscellaneous Petitions, if any pending in these Writ Petitions, shall stand closed. No order as to costs. IITRUE COPYII _"'_ _- SDI-T.SRINIVAS ASSISTANT REGISTRAR ~~ER 1. The Principal Secretary, Fisheries Department, State 0 Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, A.P. Registration of Aquaculture, West Godavari District, Elun: 3. The Deputy Director of Fisheries, Convener-District Level Committee, Fresh Water Aquaculture, West Godavari District, Eluru I 4. The Mandai Level Committee, Fresh Water Aquaculture] Denduluru Mandai, West Godavari District 5. One CC to Sri B.Somasekhar, Advocate(OPUC) 6. Two CC's to GP for Fisheries (AP), High Court of.judicajure at Hyderabad (OUT) 7. Two CD Copies mbs '0(/.~ ~- ----

10 8 HIGH COURT AVSS,J DATED:10/04/2017 COMMON ORDER W.P.NOS. 5380, 5385, 5359,. 5360, OF 2017 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS ~-J, 9 C O\?I~ yr cl=<-\ 4\')J)ll