Andhra Pradesh High Court - Amravati
K.Venkata Ramanaiah, vs The State Of Andhra Pradesh, on 14 February, 2024
APHC010787132016 IN THE HIGH COURT OF ANDHRA PRADESH
:: AMARAVATI
(Special Original Jurisdiction) [
3333
WEDNESDAY ,THE FOURTEENTH DAY OF ]
FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 40059 OF 2016
Between:
1. K.Venkata Ramanaiah,, S/o.Subrahmanyam, Aged about 46 Years,
Occ:Agriculture, R/o.Arundhathiwada, Aruru Village, Chittamuru
Mandal, SPSR Nellore District. A.P.
2. P.Venkataiah,, S/o.Peddaiah, Aged about 48 Years, Occ:Agriculture,
Rio. Arundhathiwada, Aruru Village, Chittamuru Mandal, SPSIe
Nellore District. A.P.
...PETITIONER(S)
AND
1. The State of Andhra Pradesh, rep. by its Principal; Secretary, Fisheries
Department, Secretariat Bldgs., Velagapudi, Amaravathi. A.P.
2. The Commissioner of Fisheries, Govt. of A.P., Vijayawada, Krishna
District, A.P.
3. The Collector and Chair Person, Fresh Water Aqua Culture District
Level Committee, SPSR Nellore, A.P.
4. The Deputy Director, - Fisheries, SPSR Nellore District. A.P.
5. The Tahsildar ChittamuruM SPSR Nellore District A P, -
6. Kamireddy Ramesh Reddy, S/o.Prabhakar Reddy, aged about 50
years, Occ: Aqua Culture, R/o. Aruru Village, Chittamuru Mandal,
SPSR Nellore District. A.P.
7. Pelluru Surendra Reddy, S/o.Subrahmanyam Reddy, aged about 52
Years, Occ: Aqua Culture, R/o. Aruru Village, Chittamuru Mandal,
SPSR Nellore District. A.P.
8. Kamireddy Karunakar Reddy, S/o.Sanjeeva Reddy, aged about 46
Years, Occ: Aqua Culture, R/o. Aruni Village, Chittamuru Mandal,
SPSR Nellore District
...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 toto issue writ, order or direction more particularly one in
the nature of writ of mandamus, direct the respondent Nos.1 to 5 in not
considering the several representations personally made to the
respondents, lastly on dated 01.11.2016 for not demolishing the aqua
culture pond/fish pond situated in Government land popularly known as
"Yanadi Kunta" in Sf.No.385/7 is illegal, arbitrary, violation of G.O.Ms. No.7
and 15, Dt.16.03.2013 and 26.05.2016 respectively besides contrary to
Articles 14, 19, 300-A of Constitutional Law of India, consequently direct
the official respondents 1 to 5 to prevent the Respondent No.6 to 8 for not
to operate the Prawn Culture/Fish Ponds in the GovernMent land popularly
known as "Yanadi Kunta" in Sy.No.385/7 situated at Aruru Village,
Chittamuru Mandal, SPSR Nellore District
I.A. NO: 1 OF 2016(WPMP. NO: 49346 OF 2016)
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 official respondents I to 5 to prevent the Respondent
No.6 to 8 for not to operate the Prawn Culture/Fish (Ponds in the
Government land popularly known as "Yanadi Kunta" in Sy.No.385/7
situated at Aruru Village, Chittinnuru Mandal, SPSR Nellore District,
pending finalization of main writ petition
Counsel for the Petitioner(s):SRI. TATA SINGAIAH GOUD
Counsel for the Respondents: GP FOR FISHERIES (AP)
Counsel for the Respondents: 15548/GP FOR REVENUE (AP)
Counsel for the Respondents: 9835/V ROOPESH KUMAR REDDY
The Court made the following:
ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
"...to issue writ, order or direction more particularly one in the nature of writ of mandamus, direct the respondent Nos.1 to 5 in not considering the several representations personally made to the respondents, lastly on dated 01.11.2016 for not demolishing the aqua culture pond/fish pond situated in Government land popularly known as "Yanadi Kunta" in Sy.No.385/7 is illegal, arbitrary, violation of G.O.Ms.No.7 and 15 Dated 16.03.2013 and 26.05.2016 respectively besides contrary to Articles 14, 19, 300-A of Constitutional Law of India consequently direct the official respondents 1 to 5 to prevent the Respondent Nos.6 to 8 for not to operate the Prawn Culture/Fish Ponds in the Government land popularly known as "Yanadi Kunta" in Sy.No.385/7 situated at Aruru Village, Chittamuru Mandal, SPSR Nellore District......."
2. Heard the learned counsel for the petitioners, learned Government Pleader for Fisheries, learned Government Pleader for Revenue and Sri.V.Roopesh Kumar Reddy, learned counsel appearing for respondents.
3. Today when the writ petition came up for hearing, learned Government Pleader for Fisheries has produced a copy of instructions of the Deputy Director of Fisheries, Tirupati District dated 12.02.2024, wherein it is stated that the present status of the "Yanadi Kunta" in Sy.No.385/7 situated at Aruru Village, Chittamuru Mandal falls under non Aqua zone area. Till now no aqua licenses were issued for the aquaculture farmers in this area by the authorities and further states that there is no prawn/fish culture in "Yanadi kunta" area as claimed by the petitioners.
4. In view of the same, the cause in the writ petition does not survive for further adjudication.
5. Accordingly, the Writ Petition is closed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA KGR