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Andhra Pradesh High Court - Amravati

Smt.Ghantasala Bhushana Kumari vs The State Of Andhra Pradesh, on 1 October, 2020

Author: J K Maheshwari

Bench: J K Maheshwari

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

THURSDAY, THE FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY °
: PRESENT : ees 7
THE HON'BLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHES
WRIT PETITION NO: 9627 OF 2020

   

Between:
Smt.Ghantasala Bhushana Kumari, W/o. Nagaraju.
...Petitioner
AND

1. The State of Andhra Pradesh, rep by its Principal Secretary, Department
of Animal Husbandry, Dairy Development and Fisheries, Secretariat,
Velagapudi, Amaravathi.
The District Collector and Chairman, District Level Committee, Fresh
Water Aquaculture Authority, Srikakulam District at Srikakulam.
The Joint Director of Fisheries, Surubujjili Mandal, Srikakulam District.
The Tahsildar, Surubujjili Mandal, Srikakulam District.
The Asst. Director of Fisheries, Surubujjili Mandal, Srikakulam District.
The Assistant Inspector of Fisheries, Fisheries Department,
Hiramandalam l/c, srikakulam District.
The Shalantri Grama Panchayat, rep by its Secretary, Surubujjili Mandal,
Srikakulam District.

N

Ooms

™

...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 a writ in the nature of Writ of Mandamus or any other
appropriate writ, direction, order or orders declaring the action of 3 respondent
in issuing impugned vide Memo.no 981/B/2019. dt.26/05/2020 stop the
Aquaculture Farm (Fish farming) is illegal arbitrary and without jurisdiction,
situated at J.Turakapeta, Mulasavalapuram Grama Panchayat, Sarubujjili
Mandal, Srikakulam District, contrary to the Registrations issued by the District
Level Committee, as arbitrary, illegal, colourable exercise of powers, apart from
violative of GO Ms.No.7, dated 16.03.2013 and GO Ms.No.15 dated 26.05.2015
and consequently to set aside same by direct the respondents suspend the
impugned vide Memo no. 981/B/2019 dt. 26/05/2020 by continue the petitioner
Aquaculture Farm (fish farming) situated at J.Turakapeta, Mulasavalapuram
Grama Panchayat, Sarubujjili Mandalm, Srikakulam District.

IA NO: 1 OF 2020

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 suspend the operation of impugned vide
Memo.no 981/B/2019. dt.26/05/2020 issued by the 3rd respondent to continue
the petitioner Aquaculture Farm(Fish farming situated at J.Turakapeta,
Mulasavalapuran Grama Panchayat, Sarubujjili Mandal, Srikakulam District,
pending disposal of WP 9627 of 2020, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and Order of the High Court dated 02.06.2020
made upon hearing the arguments of Sri Krishna Rao Modhalavalasa, Advocate
for the Petitioner and GP for Agriculture and market committee for the
Respondent nos.1 to 3, 5, 6 and GP for revenue for the Respondent no.4 and GP
for Panchayat for the Respondent no.7, and the Court made the following.
ORDER

(Through Video Conferencing) "Heard learned counsel for the parties. Interim order passed earlier shall remain in operation until further orders.

Immediately on resumption of physical hearing, the case be listed for further orders."

Sd/- V. DIVAKAR ASSISTANT REGISTRAR HTRUE COPY// Y., For ASSISTANT REGISTRAR To, One CC to Sri. Krishna Rao Modhalavaiasa, Advocate [OPUC] Two CCs to GP for Agriculture and market committee, High Court Of Andhra Pradesh. [OUT] :

Two CCs to GP for revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Panchayat, High Court of Andhra Pradesh. [OUT] One spare copy nN = Mom & & HIGH COURT HCJ DATED: 01.10.2020 ORDER WP.No.9627 of 2020 EXTENSION OF INTERIM DIRECTION