Rio. Koniki Village, Pedapadu Mandal,

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1 IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANAGANA AND FOR THE STATE OF ANDHRA PRADESH Contempt Case No.1003 of 2017 IN WP.No of 2016 Between: l.yelamanchili Sri Chaitanya Dev, S/o. Late Mahesh Chandra Chowdary, aged about 50 years, Occ: Cultivation Rio. Koniki Village, Pedapadu Mandal, West Godavari District, Andhra Pradesh and other. And... Petitioner. l.m.a. Yakub Basha, Deputy Director of Fish eries, Eluru, West Godavari District. 2.GJ.S.Kumar, West Godavari District. Tahasildar, Peddapadu Mandal,... Respondents COUNTER AFFIDAVIT FILED BY THE RESPONDENT No.1 I, M.A.Yakub Basha, S/o M.A. Khuddus, aged 56 years, Occ: Joint Director of fisheries,, temporarily come down to Hyderabad, do hereby solemnly affirm and sincerely state on oath as follows. 1. 1submit that, I am respondent No.1 herein and I know the facts of the case. At the time of filing of Writ petition 1 worked as Deputy Director of Fisheries, Eluru, West Godavari District. Now I was promoted as Joint Director of Fisheries, Machilipatnam,. ~ ATTESTOR Fisnerles De Jr.pmt~'ItGjtlcf!r /Technlcoi ASJistaMJ ')/0 )., Director o{ Fishene«. ~Ilir' DEPO ~

2 In reply to Para No.2 of the petitioners affidavit, it is submitted that the allegations of the petitioners are not true and correct except spherically admitted hearin. It is submitted that objections received from the petitioners herein, the Meeseva Application of 5th respondent was rejected and permission was not granted to the s" respondent to dig the fish tank according to the G.O.Ms.No.7 A.H,DD and Fisheries Department dated In reply to Para NoA of the petitioners affidavit, it is submitted that the respondent No.5 in W.P.NoA1794 of 2016 has submitted an application I'OJ" according permission to dig fish tank in RS.No,292/1C in an extent of3.50 acres 01' Koniki Village of Peddapadu Manda, West Godavari District. The application was enquired by the Mandal level Committee consisting or Tahasildar, Agriculture Officer, Assistant Engineer of Irrigation Department, Officers of Pollution control Board, Ground water and Fisheries Department and on the recommendation of the Mandal Level committee the provisional registration was not given by the District Level Committee to dig the fish tank. As the matter stood thus, the petit ioncr herein has filed W.P.NoA1794 of 2016 the Hon'ble High Court of Judicature at Hydcrabad requesting to give directions to the respondents not accord permission to respondent No.5 for digging fish tank in RS.No of Koniki Village, Peddapadu MandaI of West Godavari District. The Hon 'ble High Court at Hyderabad issued the following order dated ~. ATTESTOR Fisitmes D~ Jij:Mt.~.'1iejllcer f'fechflkllf Assisttu.tl.u«)'1. Direcwr of l'lshef'te,~,~iur'.joint Director Krishna of Fisheries, Distr ict

3 11311 " respondents No.3 & 4 are directed to ensure that the land in RS.No. 292/1 of. Koniki Village, Peddapadu Mandal, West Godavari District is not used for fish tank except in accordance with Law and with orders for construction of fish tanks from the competent authority". It is to submit that in view of the interim orders of the Hori'ble High Court notice has been issued to Sri. G.V Krishna Rao, Respondent No.5 vide notice No. FISH-CCOHC/I/2017/FM/A8/2017 dated that he has started digging of fish tank violating the interim orders of the Hon'ble High Court and instructed him not to take up digging of fish tank without obtaining permission and to stop construction immediately without valid permission if he is doing so. Any action 1'01' digging of fish tank necessary action to demolish the tank would be taken as per Law and notices were served to the respondent No.5 as well as to the petitioners. It is further submitted that necessary field enquiry was made and found that the respondent No.5 in writ petition stopped the laying of bund on western side or his land. 4. In reply to Para No.5 of the petitioner affidavit, it is submitted that both the 1st and 2nd respondents had issued notices to the 5th respondent to stop the illegal digging of the fish tank in the said land with proclainer, and also informed to the petitioner that s" respondent application rejected as per the G.O.Ms.No.7 of the AB,DD & Fisheries Department dated 16.() '}IO A~ F'isitmd Dt. JiiM~T(;jficl'T ftech'lkaf Assistat.t) ;h Direcior ot f1.' heftej, bur Joint Director of Fisheries,

4 .'.. "......r '.....,.,' ""1'_ In reply to Para No.6 of the petitioner affidavit,it is submitted that the s" respondent is laying bund on western side of his land to prevent the seepage water, from the Kovva Murgu Drain. As per the orders of the Hon 'ble High court laying of bund on western side of the land also stopped forthwith. Hence this Hon 'ble I--:IighCourt orders implemented. There is no violation or this Hon'ble High Court. Orders. 6. In reply to Para Nos.7 & 8 of the petitioner affidavit, it is submitted that the s" respondent stopped the laying of bund on western side of his land on receipt of notices from respondent Nos. 1 & 2. There is no Collusion th In between 5 respondent and respondent No.1 7. In reply to Para No.9 of the petitioner affidavit " it is submitted that the respondents have obeyed the interim order dated in W.P.No or Therefore under sections 10 to 12 of the contempt of the Court Act not applicable to the respondents as the 5th respondent not dug the fish tank in his land in RS.No.2921l of Koniki Village of Peddapadu MandaI and not violated the interim order of the Hon 'ble High Court in W.P.No of 2016 dated 01.] 2.20] 6. The petitioners are intentionally blaming the respondents and also misleading the Hon 'ble High Court. ATTESTbR Fisitl"ries De»,:,mt.;'1tGjncer ftech"knfassisttll,ij.j/{) )'1 Direcinr or hs/terrej, Iuur- OEPO E~, t

5 ,.. f- //5/ / In Koniki Village Peddapadu Mandal most of the lands converted in to fish tanks. I 'J filed copy of sketch for this Hon'ble Court kind consideration and perusal.l submit that the petitioner herein also having fish tanks in the same area.,{ 1: i' I respectfully submitted that I am law abiding citizen. r have great respect, towards Hori'blc Courts and its orders. 1 never violated the orders of Hon'ble 1'. Courts. If inconvenience his caused to this Hon'ble Court, I tender my unconditional apology to this Hon 'ble Court. For the reasons stated above it is therefore prayed that this Hon 'ble Court may be pleased to close the contempt case No or 2017 in W.P.No of 2016 and pass such other order or orders in the interest ()f' Justice. Solemnly affirmed and signed On this day of June 2017 and signed in my presence. -,V A ESTOR ~ ~~.:...Fish"'~ De ~mc."7ffcjf1dn \ \ ~'" rrec/l'1/(af Assistat.u " b",~~ ~'f,~~~~0" Dtrecior or f (Sh{!"i~'1 f tur <,~).0(.. \..,-v~ ~. ';,~~v ",!;~"'\':~ c.:;.1~\''';'. ~.~~:<b,~~.0"'~~~ VERIFICATION 00 ~o ~., (f..", I, ~~~~ Basha, S/o M.A. Khuddus, aged 56 years, Occ:.loini "\0 '\V:J~.,... Director of fisheries,, temporarily come down to Hyderabad, do,.joint Director Krishna of Fisheries, District hereby verify that the contents of the above Paras from I to '7 are true and correct to the best of my knowledge and verified on this day of' June, 2017 Govt. pleader for Fisheries (AP) DEP~