Andhra Pradesh High Court - Amravati
Mailavarapu Lalaiah, vs The State Of Andhra Pradesh, on 8 April, 2021
Author: Arup Kumar Goswami
Bench: Arup Kumar Goswami, C. Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.208 of 2021
(Taken up through video conferencing)
Mailavarapu Lalaiah S/o. Late Bapiraju,
Hindu, Aged about 64 years,
Occ: Agriculture, R/o. Nidamarru Village & Mandal,
West Godavari District.
.. Appellant
Versus
The State of Andhra Pradesh,
Represented by its Principal Secretary,
Animal Husbandry, Dairy Development
and Fisheries Department, Secretariat Buildings,
Velagapudi at Amaravathi, Guntur District, and others.
.. Respondents
Counsel for the appellant : Mr. A.K. Kishore Reddy
Counsel for respondent Nos.1 to 3&6 : GP for Fisheries
Counsel for respondent Nos.4&5 : GP for Revenue
Counsel for respondent No.7 : I. Koti Reddy
Counsel for respondent Nos.8 to 10 : Kanukolanu Sri Sai Sanjay
ORAL JUDGMENT
Dated: 08.04.2021 (per Arup Kumar Goswami, CJ) Heard Mr. A.K. Kishore Reddy, learned counsel for the appellant. Also heard learned Government Pleader for Fisheries for respondent Nos.1 to 3 & 6, learned Government Pleader for Revenue for respondent Nos.4 & 5, Mr. I. Koti Reddy, learned standing counsel for respondent No.7, and 2 HCJ & CPK,J W.A.No.208 of 2021 Mr. Kanukolanu Sri Sai Sanjay, learned counsel for respondent Nos.8 to
10.
2. This writ appeal is presented against an order dated 09.03.2021 passed in W.P.No.3763 of 2021, whereby the learned single Judge disposed of the writ petition with a direction to the District Level Committee, West Godavari District, to verify all the relevant facts and issue final registration in respect of conversion of agricultural wet crop land into aquaculture tanks, only after being satisfied that respondent Nos.8 to 10 have complied with all the parameters of G.O.Ms.No.7 dated 16.03.2013.
3. G.O.Ms.No.7 dated 16.03.2013, amongst others, provides that no person shall carry on fresh water aquaculture without registration in accordance with the said G.O. and that the District Level Committee shall be the Competent Authority to permit fresh water aquaculture by registration. The District Level Committee is headed by the District Collector, who will be the Chairman of the Committee, and it has to follow the procedure laid down in Paragraph 7 of the said G.O.
4. Learned counsel for the appellant submits that the issue relating to permission granted to respondent Nos.8 to 10 for conversion of their agricultural wet crop land into aquaculture tanks was not gone into by the learned single Judge and, therefore, the order under appeal is liable to be interfered with.
5. Learned counsel for respondent Nos.8 to 10, on the other hand, submits that there is no illegality in the order passed by the learned single Judge as the direction was issued to the District Level Committee to verify 3 HCJ & CPK,J W.A.No.208 of 2021 all the facts and issue final registration only after being satisfied about the requirements laid down in G.O.Ms.No.7 dated 16.03.2013.
6. On due consideration, we are of the opinion that the course adopted by the learned single Judge in directing the District Level Committee to examine and verify the requirements as laid down in G.O.Ms.No.7 dated 16.03.2013 and to grant final registration only thereafter cannot be faulted with.
7. We find no good ground to entertain this appeal and, accordingly, the same is dismissed. No order as to costs. Pending miscellaneous petitions, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
IBL
4 HCJ & CPK,J
W.A.No.208 of 2021
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR WRIT APPEAL No.208 of 2021 (Per Arup Kumar Goswami, CJ) Dt: 08.04.2021 IBL