,\ IN THE HIGH COURT OF ANDHRA PRADESH :: AM (Special Original Jurisdiction) || MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13344 OF 2025 Between: 1. Dovari Venkateswara Rao, S/o. Dovari Swameru, Aged about 62 Years, R/o. 4-112, Chinnapuram Village, Machilipatnam Mandal, Krishna District, Andhra Pradesh- 521001. 2. Chalamalasetti Venkata Ramana Rao, S/o. Chalamalasetti Kesava Rao, Aged about 55 Years, R/o.Chinnapuram Village, Machilipatnam Mandal, Krishna District, Andhra Pradesh- 521001 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. By its Special Chief Secretary, Animal Husbandry, Dairy Development and Fisheries, A.P Secretariat, Velagapudi, Amaravati, Guntur District- 522238. 2. The Commissioner Fisheries, Office of Commissioner Fisheries, Bandar Road, Poranki, Vijayawada- 521137. 3. The District Collector, Krishna, Krishna District, Andhra Pradesh. 4. The Joint Director Fisheries, Machilipatnam, Krishna District Pradesh. 5. The Tahsildar, Challapalli Mandal, Krishna District, Andhra Pradesh. 6. Fisheries Development Officer, Challapalli Mandal Andhra Pradesh. 7. Addala Vamsi, S/o. Mohan Raju, Aged about not known. Village, Kalla Mandal, West Godavari District, Andhra Andhra Krishna District, R/o. Kalaparru Pradesh. ...RESPONDENTS petition under Article 226 of the Constitution of India praying that in tfie^prcumstances stated in the affidavit filed therewith, the High Court may he pinfeed to issue a Writ, Order or direction particularly, one in the nature of writ of Mandamus declaring the inaction of Respondent Nos. 2 to 6 in not considering the representations/complaints submitted by the petitioners on 07.04.2025 and 28.04.2025, seeking prevention of illegal excavation of fish tanks and unauthorised aquaculture activities being carried out by Respondent No.7 in the land adjacent to the petitioners' lands, which is violative of G.O.Ms.No.7, dated 16.03.2023, issued by the Department of Fisheries and AP SADA Act, 2020. Such inaction is illegal, arbitrary, and violative of principles of natural justice, and infringes upon the petitioner's rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently, direct the Respondent No.7 not to undertake any aquaculture activities without obtaining the requisite permissions as mandated under G.O.Ms.No.7, dated 16.03.2023, issued by the Department of Fisheries, and in accordance with the provisions of the AP SADA Act, 2020. 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 stay the operation of illegal excavation of fish tank and conduct of aquaculture activities by Respondent No.7 and pass order or orders in accordance with the law pending disposal of the above writ petition. Counsel for the Petitioner: SRI ALLA TARUN KUMAR Counsel for the Respondent Nos. 1, 2, 4 & 6: GP FOR FISHERIES Counsel for the Respondent Nos. 3 & 5: GP FOR REVENUE Counsel for the Respondent No.7: SRI V V SATISH The Court made the following: ORDER 0^ APHC010268222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY .THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 13344/2025 Between: 1.DOVARI VENKATESWARA RAO, , S/0. DOVARI SWAMERU, AGED ABOUT 62 YEARS, R/0. 4-112, CHINNAPURAM VILLAGE. MACHILIPATNAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH- 521001. 2.CHALAMALASETTI VENKATA RAMANA RAO CHALAMALASETTI KESAVA RAO, AGED ABOUT 55 YEARS, R/O.CHINNAPURAM VILLAGE, MACHILIPATNAM KRISHNA DISTRICT, ANDHRA PRADESH- 521001 S/0. MANDAL, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES, A.P SECRETARIAT GUNTUR DISTRICT- 522238. VELAGAPUDI, AMARAVATI, 2.THE COMMISSIONER FISHERIES, OFFICE OF COMMISSIONER FISHERIES, BANDAR ROAD, PORANKI, VIJAYAWADA- 521137. 3.THE DISTRICT COLLECTOR, KRISHNA, KRISHNA DISTRICT, ANDHRA PRADESH. 4.THE JOINT DIRECTOR FISHERIES, , MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 4 2 5.THE TAHSILDAR, CHALLAPALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 6. FISHERIES DEVELOPMENT OFFICER, CHALLAPALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 7.ADDALA VAMSI, S/0. MOHAN RAJU, AGED ABOUT NOT KNOWN, R/0. KALAPARRU VILLAGE, KALLA MANDAL, WEST GODAVARI DISTRICT. ANDHRA PRADESH. ...RESPONDENT{S): Counsel for the Petitioner{S): 1.ALLATARUN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FISHERIES 3.VVSATISH The Court made the following ORAL ORDER: Heard Sri A. Tarun Kumar, learned Counsel for the Writ Petitioners; Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for Respondent No.S; Sri B. Ramakrishna Naik, learned Government Pleader for Fisheries appearing for Respondent No.4 and Sri V.V. Satish, learned Counsel for the Unofficial Respondent No.7. 2. Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar, Challapalli. Copy of the Written Instruction is also furnished to the learned Counsel for the Writ Petitioners. This Written Instruction is taken on record. 3. The relevant portion of the Written Instruction is usefully extracted hereunder: “3. In these circumstances Village level committee meeting was conducted on 16.04.2025 and Mandal level meeting was conducted on 05.05.2025 in Majeru village of Challapalli Mandal r 3 of Krishna District for inclusion of potential area of Non Aqua Zone into Aqua Zone, The District level committee, Krishna has to approve the Aqua Zones in the district. After declaration of Aqua Zones permissions will be granted under APSADA Act 2020. 4. The aforesaid resolution got approved by the Mandal Level Committee on Dt.05.05.2025. 5. I humbly submitted that as per clause?.2 of G.O.Ms.No.7, AH,DD &F(F.ii), Dt.16.03.2013 there shall be a minimum distance of 3 meters between the Fresh water aquaculture farm and neighbouring Agricultural lands. Whereas the Petitioner's lands are far away of 200 meters to new fish tank.” 4. The above Written Instruction would indicate that the Government has initiated the process of including the subject area for the purpose of Aqua Zone. It is also stated that for the time being the subject area is a Non-Aqua Zone. The Mandal Level Committee has already passed a Resolution approving the subject area to be converted from Non-Aqua Zone to Aqua Zone and the rest of the process is now under progress. The above extract would also indicate that as per the Rule, the aqua farmer has to maintain the distance of about 3 meters between the fresh water aquaculture farm and neighbouring agricultural lands. Whereas, the Writ Petitioners’ lands are far away about 200 meters away from the proposed fish tank. 5. Sri V.V. Satish, learned Counsel for the Unofficial Respondent No.7 has submitted to the Court that the Unofficial Respondent No.7 has not commenced the fishing operations which is recorded in the Order of this Court dated 15.05.2025. 6. Having considered the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with a direction to the Official Respondents to follow the due process of law for conversion of Non-Aqua Zone to Aqua Zone subject to all just exceptions. In any case, until the entire process is completed, the Unofficial Respondent No.7 shall not have the right to start the fresh water aquaculture. Till such time, the Respondent No.7 is directed not to commence any operation relating 4 to aquaculture. Once the process is completed, the Writ Petitioners as well as the Respondents are free to proceed further in accordance with law. 7. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd./- N NAGAWr/iA ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Special Chief Secretary, Animal Husbandry, Dairy Development and Fisheries, A.P Secretariat, Velagapudi, Amaravati, Guntur District- 522238. 2. The Commissioner Fisheries, Office of Commissioner Fisheries, Bandar Road, Poranki, Vijayawada- 521137. 3. The District Collector, Krishna, Krishna District, Andhra Pradesh. 4. The Joint Director Fisheries, Machilipatnam, Krishna District, Andhra Pradesh. 5. The Tahsildar, Challapalli Mandal, Krishna District, Andhra Pradesh. 6. The Fisheries Development Officer, Challapalli Mandal, Krishna District, Andhra Pradesh. 7. One CC to Sri Alla Tarun Kumar, Advocate [OPUC] 8. One CC to Sri V V Satish, Advocate [OPUC] 9. Two CCs to GP for Fisheries, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Three CD Copies TF I(/ HIGH COURT DATED:16/06/2025 ORDER WP.No.13344 of 2025 of r X 26JUN 2025 ^ Current Secnon mi <»L; DISPOSING OF THE W.P., WITHOUT COSTS