Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 4, Cited by 1]

Andhra Pradesh High Court - Amravati

Sree Krishna Salt Works, vs The State Of Andhra Pradesh on 18 June, 2021

 

(Special Original Jurisdiction)

FRIDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE 7
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI ~~

WRIT PETITION NO: 11300 OF 2021 a"
Between:
Sree Krishna Salt Works, Rep-by its Partner Kanumuri Suryanarayana Varma,
S/o.Venkaiaramana Raju, Aged about 69 years, R/o.Door No-50-38-3, T.P.T. Colony,
Seethammadhara, Visakhapatnam.

~ Petitioner
AND .

1. 'The State of Andhra Pradesh, rep.by its Pri. Secretary, Animal Husbandry, Diary
Development and Fisheries Department, Secretariat, Velagapudi, Amaravathi,
Guntur District.

2, The Commissioner of Fisheries, Bandar Road, Poranki, Vilayawada, Krishna

District.

The Joint Director of Fisheries, (District Fisheries Officer), Visakhapatnam.
The District Collector, Visakhapatnam District, Visakhapatnam.

The District Level Committee for Salt Water Aqua Culture, Visakhapatnam, Rep-
by its Chairman, District Collector, Visakhapatnam District.

The Assistant Director of Fisheries, Visakhapatnam.

The Tahsildar, M.R.O. Office, Parawada Mandal, Visakhpatnam.

The Fisheries Development Authority (FD), Achuthapuram, Visakhapatnam.
Kolaventi Kaveri Laxmibai, W/o.Sundara Rao, R/o.Door No.50-102-2, T.P.T.
Colony, Seethammadhara, Visakhapatnam.

10. Dantha Srinivasa Rao, S/o.D. Venkateswara Rao, R/o.31-31-24/1, Sai Baba

Street, Daba Gardens, Visakhapatnam. 530 020.

11. Bondi Nookaraju, S/O Pittalodu, aged 35 years, Dibbapalem village, Parvada

Mandal, Visakhapatnam District.

12.SmtJndira Patro, W/o.P.C. Patro, aged 67 years, Door No.7-92, Tikkireddy

Street, Yanam.

13. Varma, S/o.aged major, Dibbapalem village, Parvada Mandal, Visakhapatnam

District.

ok

© ONO

Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances ~
Stated 'n the affidavit filed therewith, the High Court may be pleased to issue a Writ of
Mandamus or any other appropriate writ, order or direction, declaring the action of the
respondents in failure to take action against the unofficial respondents for digging aqua
culture tank without obtaining any permission as required either under the Coastal Aqua
Culture Authority Act,2005 and the Environment (Protection) Act, 1986 and also in
deviation of Coastal Regulation Zones, as held by the Hon'ble Supreme-Court in
S.Jagannath vs Union Of India and Ors and Gopi Aqua Farms v. Union of India, as
illegal and arbitrary and consequently direct the respondents to take action against the
unofficial respondents for digging aqua culture iank in an extent of Ac- 696.00 in
Sy.No.461/1 of Ac 310,00, 4641/2 of Ac. 83.00 of Cheepurapalli West Village and
Sy.No,491 of Ac- 303.00 of Devada Village, Parnwada Mandal, Visakhapatnam District in
contravention of provisions of Coastal Aqua Culture Authority Act, 2005 and the
Environment (Protection) Act, 1986 and stall the formation of Salt Aqua Culture tank
near Coastal Regulation Zone:
 

IA. NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents 1 to 8 to take decision on unauthorized Shrimp ponds being dug in
Sy.No.461/1, 4617/2, and Sy.Nos. 491 of Duvvada Village, Parawada Mandal,
Visakhapatnam by considering my representation dated 313.21 & 254.21 In
accordance with costal aqua culture authority Act, 2005 and environment (Protections)
Act, 1986 and G.Os and Circulars issued by ihe respondents 1 to 8 from tirne to time,
pending disposal of the W.P. No.11300 of 2021, on the file of the High Court.

1A NO: 2 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents to take appropriate steps to prevent unauthorized salt aqua culture
farming made by the unofficial respondents without obtaining any permission in an
extent of Ac- 696.00 in Sy.No. 461/1 of Ac- 310.00, 461/2 of Ac. 83.00 of Cheepurapalli
West Village and Sy. No. 491 of Ac.303.00 of Devada Village, Parwada Mandal,
Visakhapatnam District, contrary to the Coastal Aqua Culture Authority Act,2005 and
the Environment (Protection) Act, 1986 and the G.Os issued by the 1st respondent in
this regard from time to time, pending disposal of the W.P. No.11300 of 2021, 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 upon hearing the arguments of Sri.N.Subba Rao Advocate for the
Petitioner, learned GP for Fisheries for Respondent Nos.1 to 8, the Court made the
following.

ORDER:

Learned Government Pleader for fisheries takes notice for respondent Nos.' to 8.

Learned counsel for the petitioner is permitted to take out personal notice to the respondent Nos.9 to 13 by registered post with acknowledgment due, returnable within a period of two (2) weeks. List the matter after four (4) weeks.

The second respondent is directed to deal with the representation filed by the petitioner on 31.03.2021 after giving notice and opportunity to the respondent Nos.9 to 13.

SD/-U.SRIDEVI ASSISTANT REGISTRAR TRUE COPY] -

: For ASSISTANT REGISTRAR o,

4. The Principal Secretary, Animal Husbandry, Diary Development and Fisheries Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. -

2. The Commissioner of Fisheries, Bandar Road, Poranki, Vijayawada, Krishna District.

3. The Joint Director of Fisheries, (District Fisheries Officer), Visakhapatnam.

4, The District Collector, Visakhapatnam District, Visakhapatnam.

on The District Level Committee for Salt Water Aqua Culture, Visakhapatnam, Rep- by its Chairman, District Collector, Visakhapatnam District. The Assistant Director of Fisheries, Visakhapainam. The Tahsildar, M.R.O. Office, Parawada Mandal, Visakhpatnam. The Fisheries Development Authority (FD). Achuthapurarn, Visakhapatnam. Kolaventi Kaveri Laxmibai, W/o.Sundara Rao, R/o.Door No.50-102-2, T.P.T. Colony, Seethammadhara, Visakhapatnam.

10. Dantha Srinivasa Rao, S/o.D. Venkateswara Rao, R/o.31-31-24/1, Sai Baba street, Daba Gardens, Visakhapatnam. 530 020.

11. Bondi Nookaraju, S/o Pittalodu, Dibbapalem village, Parvada Mandal, Visakhapatnam District.

- 42.SmtIndira Patro, W/o.P.C. Patra, Door No.7-92, Tikkireddy Street, Yanam.

13. Varma, S/o.aged major, Dibbapalem village, Parvada Mandal, Visakhapatnam District. (1 to 13 by RPAD)

14.Qne CC to SRIN.SUBBA RAO Advocate [OPUC]

15. Two CCs to GP for Fisheries, High Court Of Andhra Pradesh. [OUT]

18. One spare copy SRL © OO MD HIGH COURT KVLJ DATED: 18/06/2021 ~ NOTE: LIST THE MATTER AFTER FOUR (4) WEEKS ORDER:

WP.No.11300 of 2021
DIRECTION