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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8384 OF 2025 Between;
1. Yalamanchila Sirisha W/o Naga Venkata Subrahmanyam Aged about 45 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 2. Dandamudi Latha w/o Sambasiva Rao Aged about 49 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 3. Yalamanchili Naga Venkata Subrahmanyam s/o Venkata Appa Rao, aged abut 50 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 4. Yalamanchili Srinivasa Rao s/o Venkateswara Rao, aged about 60 years R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 5. Atiuri Satayanarayana s/o Veera Raghavaiah Aged about 65 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 6. Guilapalli Lakshmi Padmavathi w/o Ranga Rao, aged about 51 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. <
7. Devineni Ravikanth s/o late Gopala Krishna Aged about 45 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. :2:
8. Yelamanchili Venkata Krishna Rambabu s/q .Subbaiah, aged about 56 years, R/o ChevvLiru Village, Mudinepalli mandal Eluru district. 9. Pathuri Vamsi Krishna s/o late Ranga Rao Aged about 34 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 10. Pathuri Gopi Krishna ' S/o Seetharamanjaneyulu, aged about 50 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 11. Pathuri Murali Krishna s/o Seetharamnjaneyulu, aged about 45 years, R/o Chevvuru Village, Mudinepalli mandal, Eluru district. 12. Yenigandia Phani Kumar s/o Veera Nehru Venkateswara Rao, aged about 40 years, R/o Chevvuru Village, Mudinepalli mandal Eluru district. 13. Yenigandia Veera Nehru Venkateswara Rao s/o Venkateswara Rao, aged about 70 years R/o Chevvuru Village, Mudinepalli mandal, Eluru district. ...Petitioners And
1. The State of Andhra Pradesh Rep. by its Principal Secretary, Revenu Department, Secretariat, Velagapudi, Amaravathi, Guntur district. 2. The District Collector, Eluru district At Eluru. 3. The Revenue Divisional Officer, Gudivada Revenue Division, Gudivada, Eluru district. r :3;
4. The Tahsildar, Mudinepalli mandal, Mudinepalli. Eluru district.
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 WRIT OF MANDAMUS or any other appropriate writ or direction, declaring the action of the 4*^ respondent herein in interfering and directing the petitioners not to dig the lands for cultivating the Fresh Water Aquaculture Farm in the petitioners lands to an extent of Ac 1-01 14 cents in Sy.No.361-3D2, Ac 2-00 Cents in Sy.No.302-2, Ac 1-25 cents in Sy.No.360- 2A, Ac 1-78 cents in Sy.No.361-1C, Ac 1-07 cents in Sy.No.357-4, Ac.1-14 cents in Sy.No.357-5, Ac 0-50 cents in Sy.No.30-2A2, Ac. 1-34 cents in Sy.No.357-3C, Ac 0-20 cents in Sy.No.356-2D, Ac 0-17 cents in Sy.No.356- 3B, Ac 0-85 cents in Sy.No.360-2B Sy.No.360-1C, Ac 0-72 cents in Sy.No.360-1C, Ac 0-72 cents in Sy.No.360- 1C, Ac 0-40 cents in Sy.No.360- 1B. Ac 0-43 cents in Sy.No.360-1B, Ac 0-07 cents in Sy.No.361-2, Ac 0-2114 cents in Sy.No.361-3D1 and Ac. 1-02 cents in Sy.No.361-2 of Chevvuru Village, Mudinepalli mandal, Eluru district in pursucance of the Licence ganted by the DLIC, Eluru district vide Licence No.AQNLFWEL06461 0, dt. 10-10-2022 to the properties for cultivating the Aquaculture farm without notice is illegal, arbitrary and violative of principals of natural justice and consequently direct the 4*'^ respondent not to interfere with the petitioner's land forthwith. lA NO: 1 OF 2025 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 4**^ respondent herein not to interfere with petitioner’s lands for digging of their lands to an extent of to an extent of Ac 1-01 14 cents in Sy.No.361-3D2, Ac 2-00 Cents in Sy.No.302-2, Ac 1-25 cents in Sy.No.360- 2A, Ac 1-78 cents in Sy.No.361-1C, Ac 1-07 cents in Sy.No.357- 4, Ac. 1-14 cents in Sy.No.357-5, Ac 0-50 cents in Sy.No.30-2A2, Ac.
1-34 cents in Sy.No.357-3C, Ac 0-20 cents in Sy.No.356-2D, Ac 0-17 cents in Sy.No.356- 3B, Ac 0-85 cents in Sy.No.360-2B, AC 0-72 cents in Sy.No.360-1C, Ac 0-72 cents in Sy.No.360-1C, Ac 0-72 cents in Sy.No.360- ... Respondents
1C, Ac 0-40 cents in Sy.No.360-1B, Ac 0-43 cents in Sy.No.360-1B, Ac 0-07 cents in Sy.No.361-2, Ac 0-21 14 cents in Sy.No.361-3D1 and Ac.1-02 cents in Sy.No.361-2 of Chevvuru Village, Mudinepalli Mandal, Eluru district in pursucance of the Licence ganted by the DLIC, Eluru district vide Licence NO.AQNLFWEL064610, dt. 10-10-2022 forthwith pending disposal of the above writ petition in the interests of justice. Counsel for the Petitioner:
SRI G.V.S.MEHAR KUMAR Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE The Court made the following: ORDER
w 1 APHC010163702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SSw [3329] TUESDAY ,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8384/2025 Between: ...PETITIONER(S) Yalamanchila Sirisha and Others AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner(S):
1.G VS MEHAR KUMAR Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
2 i
ORDER: i This writ petition is filed under Article 226 of the Constitution of India,
1. claiming the following relief:
“to issue writ of mandamus or any other appropriate writ or direction, declaring the action of the 4th respondent herein in interfering and directing the petitioners not to dig the lands for cultivating the Fresh Water Aquaculture Farm in the petitioners lands to an extent of Ac 1-01 1/2 cents in Sy.No.361-3D2, Ac 2-00 Cents in Sy.No.302-2, Ac 1-25 cents in Sy.No.360-2A, Ac 1-78 cents in Sy.No.361-1C, Ac 1-07 cents in Sy.No.357-4, Ac.1-14 cents in Sy.No.357-5, Ac 0-50 cents in Sy.No.30-2A2, Ac. 1-34 cents in Sy.No.357-3C, Ac 0-20 cents in Sy.No.356-2D, Ac 0-17 cents in Sy.No.356-3B, Ac 0-85 cents in Sy.No.360-2B Sy.No.360- 1C, Ac 0-72 cents in Sy.No.360-1C, Ac 0-72 cents in Sy.No.360- 1C, Ac 0-40 cents in Sy.No.360-1B, Ac 0-43 cents in Sy.No.360-1B, Ac 0-07 cents in Sy.No.361-2, Ac 0-21 72 cents in Sy.No.361-3D1 and Ac. 1-02 cents in Sy.No.361-2 of Chevvuru Village, Mudinepalli mandal, Eluru district in pursuance of the Licence ganted by the DLIC, Eluru district vide Licence NO.AQNLFWEL064610, dt. 10-10- 2022 to the properties for cultivating the Aqauculture farm without notice is illegal, arbitrary and violative of principals of natural justice and consequently direct the 4th respondent not to interfere with AC 0-72 cents in petitioner's land forthwith”
Learned counsel for the petitioners submits that the petitioners obtained License of New Fresh Water Aquaculture Fish Tank permissions issued by
2. DLIC, Eluru with Licens^ No.AQNLFWEL064610 dated 10.10.2022 in the above extent of land. While the petitioners started digging on 23.03.2025, few villagers have obstructed for digging of fish tank. The petitioners made representations to Respondent Nos.2 & 4 complaining about the illegal activities and sought protection from the illegal interference of the third
3 parties/villagers. 'He submits that, Respondent No.4 instead of giving instructions to the police to protect the petitioners from the villagers, directed the petitioners not to dig the said lands even though the petitioners have obtained necessary permissions and licenses from the authorities. Questioning the high-handed action of the 4‘^ respondent, the present writ petition is filed. 3. Learned Government Pleader for Revenue furnished written instructions submitted by the Tahsildar, Mudinepalli vide Rc.B.211/2025 dated 28.03.2025, wherein it is stated as follows:
“4. It is submitted that as the petitioners got liqense from Fisheries Department to dig the fish tank. Hence, they may follow terms and conditions of Fisheries Department. If any deviations, Fisheries Department is competent for taking action in the matter. 5. It is further submitted that the Tahsildar, Mudinepalli had not interfered or stopped and not issued any proceedings/orders for stopping to dig the Fish Tank. ’’ Undisputedly, the petitioners obtained necessary licenses/permissions for carrying on aquaculture vide No.AQNLFWEL064610 dated
10.10.2022. But, it is contendid that the 4“" respondent - Tahsildar had directed not to dig ! the said lands even though the petitioners obtained necessary permissions. However, in the written instructions submitted by the 4*^ respondent, stated that the Tahsildar neither interfered nor stopped digging the fish tank by the petitioners. It was also made clear that the 4*'' respondent did not issue any
4. r 4 S5» orders to stop the same. Hence, in view of the clear and made by the 4**^ respondent that they have not proceedings or categorical admission interfered with the petitioners land, this Court deems it appropriate to issue a th respondent not to interfere with the petitioners land stated direction to the 4 the respondents intend to meddle with the property of the petitioner, they shall follow due process of law, but not otherwise. above. In case. 5. With the above direction, writ petition is disposed of. No costs.
Consequently, miscellaneous applications pending if any, shall stand Sd/- N NAGAMMA assistantregistr^R
6. closed. //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, Revenu Department, State of Andhra Praesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru district At Eluru. 3. The Revenue Divisional Officer, Gudivada Revenue Division, Gudivada, Eluru district. 4. The Tahsildar, Mudinepalli mandal, Mudinepalli, Eluru District. 5. One CC to Sri G.V.S.Mehar Kumar, Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
7. Three CD Copies. gi
HIGH COURT CC TODAY DATED:01/04/2025
ORDER WP.No.8384 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS