Andhra Pradesh High Court - Amravati
Golla Venkata Nancharaiah vs The State Of Ap on 24 July, 2021
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) enemy SATURDAY , THE TWENTY FOURTH DAY OF JULY _~ mS . TWO THOUSAND AND TWENTY ONE y :PRESENT: . pote THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMIL 5. WRIT PETITION NO: 5415 OF 2019 _- OM Between: , Sg SR 1. Golla Venkata Nancharaiah, S/o. Late Sri G.Nagamunaiah Hindu, aged 70 yealka,.. ae Occ.Cultivation R/o.Door No.14/ 194-7E, Edepalli Bypass Road, Machillpainan®es, <* Krishna District, AP 2. Golla Suresh Babu, S/o.Sri G.Venkata Nancharaiah Hindu, aged 36 years, '@cc,Cultivation R/o.Door No.14/ 194-7E, Edepaili Bypass Road, Machilipatnam, Krishna District, AP Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Animal Husbandry, Dairy Development and Fisheries Department, A. P. Secretariat Velagapudi, Amaravathi Guntur District, AP The Chairman-cum-District Collector, District Level Committee for Freshwater Aqua Culture Machilipatnam, Krishna District, AP The Member Convener and Joint Director, of Fisheries DLC, Machilipatnam, Krishna District, AP . The Revenue Divisional Officer, Machilipatnam, Krishna District, AP The Tahsildar, Guduru Mandal, Krishna District, AP The Station House Officer, Guduru Police Station, Guduru Krishna District, AP Oak oF ON 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 o _ issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the proceedings No.FISH/FWAOMSV/1/2019 dt.16-04-2019 issued by the 3° respondent wherein and where under kept the certificates of provisional registration of Fresh Water Aqua Culture dt.24-03-2018 and 01-07-2018 issued by the 2" respondent in abeyance as highly illegal, without jurisdiction and contrary to the guidelines issued in G.O.Ms.No.7 dt.16-03-2013 and consequently to set aside the proceedings dt.16-04- 2019. Pa The petition/Appeal caming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri K Chidambaram Advocate for the Petitioners, GP for Animal Husbandry, Dairy Development and Fisheries Department for the Respondent Nos.1 & 2, GP for Revenue for Respondent Nos.4 & 5 and of GP for Home for Respondent No.6, the Court made the following. ORDER:
This writ petition is filed"*to declare the proceedings dated 16.04.2019 issued by the 3 respondent keeping the provisional registrations of fresh water aquaculture dated 24.03.2018 and 01.07.2018 issued by the 2" respondent, in abeyance, as illegal and arbitrary. 2 Case of the petitioners is that, Sri Visweswara Swamy Devasthanam of Tarakaturu village is the owner of the land admeasuring an extent of Ac.9.17 cents situated in RS No.165 of Tarakaturu village, Guduru Mandal, Krishna District; the 1° petitioner fs the lessee in respect of the land admeasuring an extent of Ac.2.29 cents out of Ac.9.17 cents being the highest bidder in the public auction held on 02.11.2016 for a period of five years; the remaining land i.e., admeasuring an extent of Ac.6.88 cents is under enjoyment of the archakas of the said temple, who in turn leased out the said land in favour of the 1* petitioner for a period of 12 years under an agreement dated 26.12.2016; thus the 1" petitioner is in possession and enjoyment of the entire extent of Ac.9.17 cents in RS No.165 of Takaturu village; there is a summer storage tank situated in an extent of Ac.224.00 cents at Tarakaturu village; the subject land is situated to the west of the said summer storage tank and there is 100 meters distance between the summer storage tank and the subject land; the 2° petitioner having obtained lease from the owners of the land admeasuring an extent of Ac.3.17 cents in Sy.Nos.163/3 and 162/1 and an extent of Ac.4.22 cents in Sy.Nos.164/1 and 164/2 of the same village, applied for fresh water aquaculture in respect of the said land; the 2" respondent was granted permission vide provisional registration certificate dated 01.07.2018 when the petitioners started digging the tank in pursuance of the provisional permission, one Katragadda Naga Babu and others, lodged a complaint in 'Meekosam' programme stating that construction of fish ponds in the subject lands may lead to damage ta the neighbouring agricultural lands and also to the summer storage tank of Machilipatnam Municipality situated in Tarakaturu village; the said complaint was referred to the Fisheries Development Officer, Machilipatnam, the Tahsildar, Guduru Mandal, Mandal Agricultural Officer, Guduru, the Assistant Engineer, Irrigation Department and the Deputy Director, Ground Water Department to enquire and submit their reports; they submitted reparts stating that the construction of fish ponds in the subject lands do not cause any damage either to the neighbouring lands or to the summer storage tank and recommended to continue the provisional licenses issued to the petitioners; the Tahsildar, Guduru in her report dated 04.06.2018 specifically stated that the distance between the summer storage tank and the proposed fish ponds is about 100 meters; as per Clause 7.9 of G.O.Ms.No.7 dated 16.03.2013, the distance between the aquaculture farm and nearest drinking water source should be at least 10 meters and hence, no action has been taken on the said complaint of K.Naga Babu; when the petitioners started digging the tank in the last week of March, 2018, again one K. Krishna, father of K.Naga Babu and others tried to interfere with their work, petitioners filed a suit in OS No.179 of 2019 on the file of the Principal Junior Civil Judge, Machilipatnam and obtained temporary injunction on 09.04.2019; when the work is in progress, the said K.Krishna also made a representation to the Tahsildar, Guduru Mandal alleging that construction of aquaculture ponds in the subject lands may lead to damage to the summer storage tank; basing on the said complaint, the Tahsildar along with his subordinates brought the police personnel of Guduru PS to the subject ponds on 16.04.2019 and stopped the work; the impugned proceedings dated 16.04.2019 issued by the 3 respondent were served on the petitioners keeping the permission granted to the petitioners, in abeyance; the said impugned proceedings discloses that the Tahsildar has reported that there is possibility of pollution to the drinking water storage tank, as the water storage tank is situated in less than 10 meters distance from the proposed fish ponds; the Revenue Divisional Officer and the Tahsildar have recommended fer cancellation of the provisional permissions; the 3 respondent is not competent to keep the provisional permission in abeyance and the District Collector alone has right to cancel the registration. Hence, the writ. petition.
When the matter came up for admission on 22.04.2019, the impugned proceedings dated 16.04.2019 were suspended.
Counter-affidavit is filed along with the vacate stay petition. on behalf of respondents 1 to 3 by the 3™ respondent, stating inter-alia that on 15.04.2019, the Tahsildar, Guduru Mandal inspected the subject lands and the Mandal Surveyor measured the distance between existing summer storage tank and the newly formed fish tank bund and found that the distance between them is about 3 meters and less than the stipulated 10 meters, which fs contrary to G.O.Ms.No.7 dated 16.03.2013 of the Fisheries Department; in view of the said report of the Tahsildar, the provisional licenses were kept in abeyance; the Revenue Divisional Officer and the Tahsildar, Gudur, have clearly indicated that there is possibility of pollution to the drinking water storage tank of the Machilipatnam Municipality from the adjacent proposed fish ponds and hence the provisional registrations have to be re-examined; the Tahsildar report dated 04.06.2018 is incorrect and disciplinary proceedings are initiated against the Tahsildar and other officers who have given incorrect reports to the District Level Committee; the Commissioner, Machilipatnam Municipal Corporation also inspected the subject tanks on 22.04.2019 and recommended to stop digging of proposed fish tanks vide his letter dated 22.04.2019; present Tahsildar inspected the subject lands on 16.04.2019 and measured the distance between the fish tank bund and the summer storage water tank and found that it is about only three meters and hence, prays to vacate the interim stay granted by this Court on 22.05.2019.
Counter-affidavit is also filed by the 5" respondent-Tahsildar, reiterating what is stated by respondents 1 to 3; it is further stated that the Commissioner of Endowments Department directed the Assistant Commissioner, Endowments to issue notice to the Archakas and see that the land is taken back by the Archakas from the petitioners, as the lease is in violation of the Lease Rules; the order dated 07.08.2017 permitting the Archakas for conversion of the land into the fish tank is also kept in abeyance and that the respondents have got right to keep provisional permissions under abeyance, as the 1" petitioner failed to pay the lease amount for the years 2017-18 and 2018-19.
In the light of the above pleadings, Sri K. Chidambaram, learned counsel for the petitioners submits that an Advocate Commissioner may be appointed to note down the distance between the proposed fish tank and the summer storage water tank, as there are two contradictory reports with regard to the distance. He further submits that the petitioners would bear the expenses of the Advocate Commissioner and other incidental expenses.
In view of the same, Mrs Kiranmyee Mandava, Advocate is appointed as Advocate Commissioner to inspect the subject lands to note down the distance between the proposed fish tank of the petitioners and the summer storage water tank of the Machilipatnam Municipal Corporation. She has to fix the date of her inspection by giving prior notice to the learned Government Pleaders for Fisheries and Revenue and the learned counsel for the petitioners. Her fee is fixed at Rs.30,000/- (Rupees thirty thousand only) payable by the petitioners directly.
The 2" respondent is directed to constitute a committee consisting of the officials of the Revenue Department, Fisheries Department and Municipal Corporation of Machilipatnam, Krishna District, on receiving the intimation with regard to date of inspection from the Advocate Commissioner, to assist her in measuring the distance between the summer storage tank and the proposed fish tank of the petitioners at Tarakaturu village of Guduru Mandal, Krishna District. The 3" respondent is directed to intimate the date of inspection by the Advocate Commissioner to the petitioners and the neighbouring land owners.
The Advocate Commissioner is directed to file her report along with sketch by ~ 46.08.2021.
It is made clear that subject order is passed basing on the pleadings in the writ petition and it will not have any bearing on the suit which was filed by the petitioners, on the lease granted by the Endowments Department and the other leases obtained by the petitioners.
List the matter on 16.08.2021. em on Sd/-P.Vinod Kumar ASSISTANT REGISTRAR HTRUE COPY// SAP SECTION/OFFICER To
1. The Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, State of Andhra Pradesh, A. P. Secretariat Velagapudi, Amaravathi Guntur District, AP The Chairman-cum-District Collector, District Level Committee for Freshwater Agua Culture Machilipatnam, Krishna District, AP The Member Convener and Joint Director, of Fisheries DLC, Machilipatnam, Krishna District, AP The Revenue Divisional! Officer, Machilipatnam, Krishna District, AP The Tahsildar, Guduru Mandal, Krishna District, AP The Station House Officer, Guduru Police Station, Guduru Krishna District, AP (1 to 6 by RPAD) One CC to Sri K Chidambaram Advocate [OPUC] Two CCs to GP for Animal Husbandry, Dairy Development and Fisheries Department, High Court of Andhra Pradesh. [OUT] One spare copy fC ON OA 6 ON tvr KVLJ DATED: 24/07/2021 ORDER WP.No.5415 of 2019 POST ON 16.08.2021 Yer ge ipa purty aa te: