DASARI SWARNA KUMARI v. The State of Andhra Pradesh,
WP/12097/2025 · 2025-05-07
Gannamaneni Ramakrishna Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16965 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16965 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12097 OF 2025 Between:
1. Dasari Swarna Kumari, W/o.Yesu Babu, Aged about 70 years, R/o.D.No.4/109, Lakshmi Nagar Colony, Gudivada Rural, Krishna District. 2. Dasari Naga Venkata Rajesh, S/o.Yesu Babu, Aged about 44 years, R/o.D.No.4/109, Lakshmi Nagar Colony, Gudivada Rural, Krishna District. 3. Dasari Lakshman Abhilash, S/o.Yesu Babu, Aged about 40 years, R/o.D.No.4/109, Lakshmi Nagar Colony, Gudivada Rural, Krishna District. 4. Paladugu Vijaya Lakshmi, W/o.Lanka Venkata Kanaga Durga Prasad Aged about 70 years, R/o.D.No.1-129/1, Bapulapadu Village, Hanuman Junction, Krishna District. 5. Yarlagadda Sudha Rani, W/o.Venkataramana, Aged about 52 years, R/o.Villa No.265, Hill County, Mytas, Bachupalle, Mechal-Malkajg iri, Telangana. 6. Lingam Usha Rani, W/o.Venkateswara Rao, Aged about 61 years, R/o.D.No.1-13, Mudinepalli, Mudinepalli Mandal, Eluru District. 7. Palakurthi Mangamma, W/o.Venkatarao, Aged about 43 years, R/o.D.No.2-9, Alluru, Mudinepalli Mandal, Eluru District. 8. Prathipati Babu Rajendra Prasad, S/o.Abraham, Aged about 57 years, R/o.D.No.16-522, Satyanarayanapuram, Gudivada, Krishna District. 9. Nuwala Sai Prasanna, W/o.Koteswara Rao, Aged about 51 R/o.D.No.1-3, Mulakalapalli, Bombinampadu, Mudinepalli Mandal, Eluru District. years '' ^ ...Petitioners * . ■ »■ AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary - Fisheries Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner of Fisheries, Poranki, Vijayawada, NTR District. 3. The District Level Implementation Committee (DLIC), Rep by its Chairman- the District Collector, Eluru, Eluru District. 4. The Joint Director of Fisheries, Eluru, Eluru District. 5. The Tahsildar, Mudinepalli Mandal, Eluru 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 to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondents 2 to 4 in not receiving the application for grant of license for new freshwater aquaculture farm for the land in an extent of Ac.
13.43 cents covered in Sy.Nos.33/3, 34-2A, 34- 2B, 35-1, 35-3, 36-1 A, 36-2, 37-2 of Mulakalapalle Village, Mudinepalli Mandal, Eluru District belongs to the petitioners 1 to 8 through online under Sec.22 of AP State Aquaculture Development Authority Act and its Rules as illegal, arbitrary and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents 2 to 4 to receive the application from the petitioners for grant of license for new freshwater aquaculture farm for the land in an extent of Ac. 13.43 cents covered in Sy.Nos.33/3, 34-2A, 34-2B, 35-1, 35-3, 36-1 A, 36-2, 37-2 of Mulakalapalle Village, Mudinepalli Mandal, Eluru District as per the Sec.22 of AP State Aquaculture Development Authority Act and its Rules. , ,X"" 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 grant interim direction directing the respondents 2 to 4 to receive and consider the application from the petitioners for grant of license for freshwater aquaculture farm for the land in an extent of Ac. 13.43 cents covered in Sy.Nos.33/3, 34-2A, 34-2B, 35-1, 35-3, 36-1 A, 36-2, 37-2 of Mulakalapalle Village, Mudinepalii Mandal, Eluru District as per the Sec.22 of AP State Aquaculture Development Authority Act and its Rules, pending disposal of the above writ petition new Counsel for the Petitioner: SRI. B V ANJANEYULU Counsel for the Respondent Nos.
1 to 4: GP FOR FISHERIES Counsel for the Respondent No. 5: GP FOR REVENUE The Court made the following order:
0" APHC010229002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 12097/2025 Between: ...PETITIONER Dasari Swarna Kumari AND ...RESPONDENT The State Of Ap Counsel for the Petitioner:
1.B VANJANEYULU Counsel for the Respondent:
1.GP FOR FISHERIES The Court made the following:
ORAL ORDER: Heard Sri B.V.Anjaneyulu, learned Counsel for the Writ Petitioner and Sri A.Krishna Kishore, learned Government Pleader for Fisheries. Sri A.Krishna Kishore, learned Government Pleader for Fisheries has submitted the Written Instruction furnished by the District Fisheries Officer dated 07.05.2025 along with the proceedings of the Commissioner of Fisheries dated 29.12.2022. He would submit that the lands belonging to the petitioner falls outside Aquaculture Zone. 2.
Learned Counsel for the Writ Petitioners would submit that regardless of the fact whether the lands fall within or outside the Aquaculture Zone, the fact
3.
2 remains that the Writ Petitioners are unable to perform agricultural operations on account of seepage of water which is a consequence of the aquaculture in the surrounding area and therefore the Writ Petitioners are subjected to irreparable loss which cannot be compensated by any other means at a later point of time. At this stage, Sri A.Krishna Kishore, learned Government Pleader for Fisheries would submit that as per the Written Instruction that the resurvey of the area for the purpose of earmarking Aqua Zones is now under process for the purpose of identification of eligible aquaculture areas and to declare the same by way of notifications by including them in the Aqua Zones. The Writ Petitioners are at liberty to make a fresh application and if such application is made, the Respondent officials shall consider the application for grant of license in accordance with law within a reasonable time. With these observations and directions, this Writ Petition stands
disposed of. No order as to costs.
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6. Interlocutory Applications, if any, stand closed in terms of this order.
Sd/-SHAIK MOHD F^Fi assistant regisjrar
7.
//TRUE COPY// SE^fe^OFFlCER To,
1. The Principal Secretary - Fisheries Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur District.
2. The Commissioner of Fisheries, Poranki, Vijayawada, NTR District.
3. The Chairman- the District Collector, District Level Implementation Committee (DLIC), Eluru, Eluru District.
4. The Joint Director of Fisheries, Eluru, Eluru District.
5. The Tahsildar, Mudinepalli Mandal, Eluru District.
6. One CC to Sri. B V Anjaneyulu Advocate [OPUC]
7. Two CCs to GP for Fisheries, High Court Of Andhra Pradesh. [OUT]
8. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
9. Three CD Copies GSC
HIGH COURT DATED:08/05/2025
ORDER WP.No.12097 of 2025 DISPOSING THE WP WITHOUT COSTS