Andhra Pradesh High Court - Amravati
Mungara Satya Srinivasa Rao vs The State Of Ap on 17 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6041 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue an appropriate writ or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the impugned proceedings/notice dated 03.01.2023 issued by the 4th respondent is for cancellation of Fish Pond permission and demolition of embankments of Fish Ponds as is illegal irregular and without jurisdiction and violative of Articles 14, 21 and 300A of the Constitution of India and also violative of principles of Natural Justice and consequently set aside the notice dated 03.01.2023 issued by the 4th respondent and pass...."
2. Brief facts of the case are that the petitioners are the absolute owners, possessors and enjoyers of the lands of an extent of Ac.18.00 cents and Ac.3.17 cents covered in Sy.Nos.209/14, 209/10, 209/7, 209/11, 209/13, 332/4, 332/14 and 333/13 of Satyavolu Revenue Village, Pedapadu Mandal, West Godavari District. After an enquiry the Revenue authorities granted Pattadar Passbooks and title deeds to the petitioners as per the provisions of Andhra Pradesh Rights in land and Pattadar Passbooks Act, 1971. As the surroundings of the said lands were converted into 2 Aqua Culture lands, the petitioners also filed an application before the District Collector, Eluru for grant of license to undertake Aqua Culture activates in the said extent of lands. The Andhra Pradesh State District Level Implementation Committee vide license Nos.AQNLFWEL063746 and AQENFWWG000800, dated 15.09.2022 and 31.02.2021 granted life time license to the petitioner. Since then the Aquaculture activities are being undertaken by the petitioners.
3. While the matter being so, the District Fisheries Officer, Fisheries Department, Eluru, issued notice dated 03.01.2023 to the petitioners and directed them to vacate the said land on the ground that the prohibited poultry waste is being used for feeding the fishes and also filed some cases against the petitioners vide Cr.Nos.79 & 117 of 2021 of Pedapadu Police Station, West Godavari District, alleging illegal transportation of the prohibited poultry waste. After filing of Charge Sheets, the said cases were numbered as C.C.Nos.234 & 679 of 2021, on the file of learned Special Judicial Magistrate of First Class (Mobile)-Cum-III Additional Junior Civil Judge, Eluru. The trial Court vide Judgment dated 14.11.2022 declared that the petitioners 3 were not guilty for the offences in the aforesaid cases. It is further contended that the respondent No.4 is not the competent authority to issue impugned proceedings dated 03.01.2023 and he failed to state under which provisions of law the said proceedings was issued. Hence, the present Writ Petition.
4. Respondent No.4 filed counter-affidavit duly admitting the facts stated by the petitioners and further stated that the petitioners are doing aquaculture and feeding the fishes with chicken waste and slaughter wastes which is against the provisions of G.O.Ms.No.56, dated 04.11.2016 of Animal Husbandry and the said act of the petitioners is causing environmental pollution to the surrounding areas. After knowing the fact that cases were registered against the petitioners for transporting banned chicken waste for feeding the fishes, the respondent No.3/the District Collector, Eluru District, Chairman DLIC for fresh water aquaculture vide note orders dated 17.12.2022, directed the respondent No.4/ the District Fisheries Officer, Eluru, to take necessary action against the 4 petitioners for using banned chicken waste in fish tanks. The respondent No.4 issued notice dated 03.01.2023, directing the petitioners to vacate the fish ponds.
5. Ordinarily, the Court should not interfere with orders of suspension unless they are passed mala fide and without there being even prima facie evidence on record connecting the employee with the misconduct in question. The Hon'ble Apex Court in the decision dated 22nd November, 2013 between Union Of India and Another Vs. Ashok Kumar Aggarwal, observed as follows:-
"Suspension is a device to keep the delinquent out of the mischief range. The purpose is to complete the proceedings unhindered. Suspension is an interim measure in aid of disciplinary proceedings so that the delinquent may not gain custody or control of papers or take any advantage of his position. More so, at this stage, it is not desirable that the court may find out as which version is true when there are claims and counter claims on factual issues. The court cannot act as if it an appellate forum de hors the powers of judicial review."
6. In view of the above observation and it is also a fact that the impugned suspension orders are not final orders, therefore, this court not inclined to interfere with the impugned orders. However, the petitioners are given liberty to file their explanation to the respondents. 5
7. Accordingly, the Writ Petition is disposed of directing the petitioners to submit their explanation within a period of two (02) weeks from the date of receipt of a copy of the order, thereafter, the respondents are directed to consider the said explanation and pass appropriate orders in accordance with the law. No order as to costs.
Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
_______________________ JUSTICE V.SUJATHA Date : 17.11.2023 SRT 6 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.6041 of 2023 Date : 17.11.2023 SRT