Andhra Pradesh High Court - Amravati
Vytla Satyanarayana vs State Of Andhra Pradesh on 4 November, 2020
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION Nos.1428, 1431 and 1434 of 2018
COMMON ORDER:
After hearing Sri N.A.Ramachandra Murthy, earned counsel for the petitioners, and the learned Government Pleader for Fisheries appearing on behalf of the respondents, this Court is of the opinion that these are not matters, which require very elaborate hearing. The facts are in a narrow compass. The petitioners, admittedly, did not have permission or licence for carrying out L Vannmei shrimp culture in the ponds. These writ petitions are filed challenging the separate notices, dated 01.01.2018, issued to the petitioners, wherein it was informed that the District Level Committee has rejected the applications submitted for L Vannmei shrimp culture.
2. Learned counsel for the petitioners points out that the petitioners have filed applications on 13.12.2017 itself, which are enclosed as material papers to these writ petitions. It is his contention that when a specific application has been made as per the prevalent Rules, the same should be disposed of on its own merits, instead of making a reference to the same in the impugned notices. Apart from that, he also submits that the petitioners were never given any information regarding the rejection of their applications. He points out that even before the hearing of these writ petitions, he made enquiries with his clients, who categorically stated that they have not received any intimation of rejection of their applications. Therefore, he submits that these are the matters, in which orders, should be passed as prayed for.
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3. Learned Government Pleader for Fisheries appearing on behalf of the respondents, on the other hand, argues that the petitioners are illegally carrying on the business of L Vannmei shrimp culture, whereas they have only been permitted to carry out fresh water aqua culture and prawn culture. He points out that L Vannmei shrimp culture has to be carried out in saline water, which will affect the soil of the neighbouring fields also. It is his contention that the impugned cancellation notices were issued, after due enquiry and also on inspection. He relies upon the proceedings, which were described in the counter-affidavits.
4. After hearing both the learned counsel, it is apparent that there is no express order rejecting the applications filed by the petitioners. The respondents supposedly noticed in the field enquiry that the L Vannmei shrimp culture is being carried out by the petitioners. Learned Government Pleader for Fisheries submits that at this stage the notices, dated 01.01.2018, were issued and the same are impugned in these writ petitions. He submits that if proper detailed reply is given to these impugned notices, the department is prepared to consider and dispose of the same, on their own merits. Learned counsel for the petitioners, states that he has no objection for this.
5. In the above view of the matter, without going into the merits or demerits of these matters, this Court is of the opinion that interest of justice would be sub-served if the petitioners give a reply to the impugned notices, dated 01.01.2018, within a period of two weeks from the date of receipt of a copy of this order. Within a further period of two weeks therefrom, the respondents are directed to dispose of the same by a speaking order, which must necessarily be communicated to the petitioners also. Till this exercise is completed, the interim order of status quo granted by this Court earlier shall continue. 3
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6. With the above observations, these three Writ Petitions are disposed of. There shall be no order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
_____________________ D.V.S.S.SOMAYAJULU, J th 04 November, 2020 GHN 4 DVSS,J W.P.Nos.1428, 1431 and 1434 of 2018 45 THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU WRIT PETITION Nos.1428, 1431 and 1434 of 2018 04.11.2020 GHN 5 DVSS,J W.P.Nos.1428, 1431 and 1434 of 2018