, W.P. No of2016

Transcription

1 IN THE HON'BLE HICH COURT OF JUDICATURE AT HYDERABAD f FOR THE STATE OFTELANCANAANDTHE STATE OF *. ANDHRA PRADESH Between:, W.P. No of Bongu Papa Rao, S/o.B.Chinna Appala Swami, aged about 50 years, Male, Hindu Occ Cultivation Rio Koteswara Durgapuram. Hlo Chataparru Eluru Mandai. West Godvari district., Ap 2. Bongu Atchyta Rao, Sio Chinna Appala swamy aged about 57 years,male, Hindu Occ Cultivation, Rio D.No 3-14,koteswara Durgapuram H/o Chataparru Eluru Mandal.West Godavari District., A.P 3. Bodigadda Sambasiva Rao. S/o. Rama Rao. Aged about 35years, Male Hindu,Occ Cultivation, Rio. Thimmaraogudam Village, Chatapurru Post, Eluru Mandai, W.G.Dist., A.P. 4. Bodigadda Venkata Ramana. S/o. Rama Rao, aged about 40 years, Male, Hindu. Occ Cultivation. Rio. D.No.13-14, Thimmaraogudam (V), Chataparru Post, Eluru Mandai, W.G. Dist., A.P....Petitioners. And 1. State of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur Dist., A.P. & 3 others. 2. The District Collector, Eluru West Godavari District, A.P 3. The Fisheries Director, Eluru West Godavari District,A.P 4. The Tahsildar, Eluru Mandai, W.G Dist 5. Gutta Durga Nagendra Babu, Sio late Aswatha Narayana aged about 50 years,male Hindu.Occ Business Rio D.no ,Kattavari Street, Near sakshi newspaper, Eluru, W.G Dist., Ap 6. Patha Nagaraju,S/o Edukondaiu aged about 45 years,maie Hindu.Occ ~'.~

2 Business Rio D.n02-58,Thimmarao gudem,hio Chataparru, Eluru Mandal 7. Gutta Rammohan Rao, S/o Appa Rao aged about 60 years,male Hindu.Occ Businees Rio D.n , ih Road,Shantinagar, Piranguladibba Eluru, W.G Dist., A.P 8. Guddara Sundari Surekha. W/o Suresh Kumar Hindu, Male C/o.Kalla Srinivasa Rao,Employee Andhra Bank, Sir C.R.R College Branch Eluru W.G Dist,A.P...Respondents. COUNTER AFFIDAVIT FILED BY THE RESPONDENT NO.3 I, M.A. Yakub Basha, S/o.M.A. Khuddus, Aged about 55 years, Gee: Deputy Director, Fisheries Department, Eluru, West Godavari District do hereby solemnly affirm and sincerely state as follows: 1. I am working as Deputy Director, Fisheries Department, Eluru, West Godavari District, the 3rd respondent herein and as such, I am filing this writ petition on behalf of 1 and 2, respondents also. I am well acquainted with the facts of the case. I have perused the affidavit filed in support of writ petition and I deny all the allegations made therein except those are specifically admitted hereunder. 2. In reply to Para No; l'of the affidavit, it is respectfully submitted that there are no remarks for this Para. ATTES R flshenes Development Officer ~ni.~",q,<?lu ~W.G.Ct.) Dy Director of Fisheries., rvert Godavary Dist, Eluru.,

3 i 3. In reply to Para No.2 of the affidavit, it is respectfully submitted that the petitioner's contention is not true about the respondents the notices were kept on the Gram Panchayat of Chatapparu village,eluru mandkl for inviting of objections and no objections were received in the stipulated time in accordance with the G.O.Ms.No.7 AH,DD & F (F.Il) Dept.,dt & G.O.Ms.No.15 AH,DD&F(Fish-I1) Dept., dated In reply to Para 3 of the affidavit, it is respectfully submitted that the petitioners lands are on the north side of the non official respondents in Rs.No 54111,54011 & of an 'extent of Ac Cents in chataparru village,eluru, \. Mandai and the non official.respondents have maintained the gap of 3 meters and seepage channel is provided between the petitioner's land and the owner of the fish tank has dug the fish tank by purely following the ;guidelines of G.O.Ms.No.7 AH,DD & F (F.I1) Dept.,dt & G.O.Ms.No.15 AH,DD&F(Fish-II) Dept., dated and obtained permission for an extent of Ac Cents. 5. In reply to Para No.4 of the affidavit, it is respectfully submitted that there are no remarks for this Para. 6. In reply to Para No. 5&6 of the affidavit, it is respectfully submitted that the provisional permission has been granted on to the non-official respondents as per the guidelines of the G.O.Ms.No.7 AH, DO & F (Fish. II) Dept., dt & G.O.Ms.No.l5 AH,OO&F(Fish-Il) Dept., dated and MandaI Level Committee has visited and recommended the same to the District level committee and accorded the permission to the non official respondents. The Non official respondents completed their digging and excavation Oy. Director of Fisheries., 30davary Oi3t, Eluru. I Weyi

4 operations of the fish pond and applied for the final p rmission through Meeseva.- and the final permission may be granted if they purely follow the guidelines of G.O.Ms.No.7 AH,DD & F (F.Il) Dept.,dt & G.O.Ms.No.lS AH,DD&F(Fish-II) Dept., dated 26-0S-201S. The Provisional permission granted to the non official respondents is by the recommendation of Mandai Level Committee to District Level Committee as per the norms of the G.O.Ms.No.7 AH,DD & F (F.Il) Dept.,dt.l' & G.O.Ms.No.lSt AH,DD&F(Fish-II) Dept., dated 26-0S-201S. 7.1n reply to Para No.7 of the affidavit, it is respectfully submitted that the non official respondents lands are low productive and in low lying lying area flooding affects of lands in this connection the non official respondents converted their agricultural lands to fish tanks as per the guidelines of the G.O.Ms.No.7 AH,DD & F (F.Il) Dept.,dt & G.O.Ms.No.lS AH,DD&F(Fish-ll) Dept., dated 26- OS-201S. 8.ln reply to Para No.8 &9 & 10 of the affidavit, it is respectfully submitted that there are no remarks in this para. For the reason stated above, It is therefore prayed that the Hon'ble court may be pleased to dismiss the W.P No.313S2/2016 and pass, such other order or orders in the interest of Justice. Solemnly and sincerely affirmed On this the 31~Yday of March, 2017 and signed her name in my presence. Dy. Director of Fisheries., Wert Godavary Dist, Eluru. I /IBefore me// ATTE OR : f lshertes Development Officer Bhimi~o'u (W.G.Dt.) ; r

5 VERIFICATION 1, M.A. Yakub Basha, S/o. Khuddus, Aged about 56 years, Occ: Deputy Director, Fisheries Department, Eluru, West Godavari District do hereby verify and state that the contents of above paragraphs in the Counter Affidavit are true to the best of my knowledge based on information and records which are believed to be true and correct. Verified on this the 3r1tay of March, 2017 at Govt. Pleader of Fisheries, (A.P.,)..Dy. Director of Fisheries., Wer: Godavary Dist, Eluru.