1 APHC010364392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 18566/2025 Between: 1. VADAGANA SWAMINAIDU, S/O. KRISHNA MURTHY, AGED 64 YEARS, OCC SMALL FARMER/AGRICULTURE, R/O. H. NO. 2- 35/3, SAVARAPALLEM , VANNE CHINTALAPUDI, AMALAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 2. SAKA RAJA RAO, S/O. VENKANNA, AGED 64 YEARS, OCC SMALL FARMER/AGRICULTURE, R/O. H. NO. 1-6, PATALLA DIBBA, BHEEMANAPALLE, UPPALAGUPTARN MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 3. SATTI KRISHNAMURTHI, S/O VENKATARAJU, AGED 47 YEARS, OCC SMALL FARMER/ AGRICULTURE R/O H. NO. 2- 84, SAVARAPPALEM, VANNE CHINTALAPUDI, AMALAPURAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 4. PATHULA EVANGILIN VIJAYA KUMARI, W/O KRUPANANDAM, AGED 65 YEARS, OCC SMALL FARMER/ AGRICULTURE, R/O H. NO. 1-12, PATALLA DIBBA,KITTHANA CHERUVU, BHEEMANAPALLE, UPPALAGUPTARN MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT. ANDHRA PRADESH 2 SECRETARIAT, VELAGAPUDI, AMARAVATI. ANDHRA PRADESH. 2. THE COMMISSIONER OF FISHERIES, GOVERNMENT OF ANDHRA PRADESH,BANDAR ROAD, PORANKI, VIJAYAWADA,KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR/CHAIRMAN, DISTRICT LEVEL COMMITTEE FOR FRESH WATER AQUA CULTURE DR. B.R. AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM 4. THE REVENUE DIVISIONALOFFICER, AMALAPURAM DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 5. THE JOINT DIRECTOR OF FISHERIES, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 6. THE DISTRICT FISHERIES OFFICER, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 7. THE ASSISTANT DIRECTOR OF FISHERIES, AMALAPURAM, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 8. THE TAHSILDAR, UPPALAGUPTAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 9. NALLA YEDIKONDALU, S/O NOT KNOWN TO THE PETITOINERS R/O VANAPALLI PALEM,VANAPALLI GRAM PANCHAYAT, UPPALAGUPTAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): 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 tomay be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the official respondents particularly respondents 3 to 8 in allowing the respondents No. 9 in converting their Agricultural lands situated in Survey No. 507/1, 507/2, 507/3, 507/4, and 507/5 of Pathaladibba Village, Kithnacheruvu Gram Panchayat, Uppalaguptam Mandal, DR B R Ambedkar Konaseema District, into Aqua Culture ponds as illegal arbitrary, violative of Article 14, 21, 47 of the 3 Constitution of India and in violation of provision of the G.O.Ms. No. 7 Animal Husbandry and Dairy Development and Fisheries (Fish.II) Department dated 16-03-2013 and consequently direct the Official respondents to stop the respondents 9 from converting their Agriculture lands into Aqua culture ponds situated in Survey No.507/1, 507/2, 507/3, 507/4, and 507/5 of Pathaladibba Village, Kithnacheruvu Gram Panchayat, Uppalaguptam Mandal, DR B R Ambedkar Konaseema District and to pass such IA 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 may be pleased to the direct the respondents 3 to 8 to stop the respondents 9 from converting their Agriculture lands into Aqua culture ponds situated in Survey No 507/1, 507/2, 507/3, 507/4, and 507/5 of Pathaladibba Village, Kithnacheruvu Gram Panchayat, Uppalaguptam Mandal, DR B R Ambedkar Konaseema District by dully considering the representation dated 16-06-2025 and 23-06-2025 made to the 3rd Respondent pending disposal of the writ petition and pass such Counsel for the Petitioner(S): 1. L V S NAGARAJU Counsel for the Respondent(S): 1. GP FOR FISHERIES The Court made the following: 1. The Writ Petition is filed seeking to declare the action of the respondents particularly respondent nos.3 to 8 in allowing the respondent no.9 for converting their agricultural lands situated in Survey No.507/1, 507/2, 507/3, 507/4 and 507/5 of Pathaladibba Village, Kithnacheruvu Gram Panchayat, Uppalaguptam Mandal, Dr. B.R.Ambedkar Konaseema District into aqua culture ponds as illegal, 4 arbitrary and in violation of G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.3.2013 and consequently direct the respondents to stop the respondent no.9 from converting their agricultural lands into aqua culture ponds. 2. Grievance of the petitioners is that, 9th respondent is converting the agricultural land into aqua farms. The petitioners are neighbouring land owners and they are totally depending on agriculture by cultivating paddy. According to them, there is only one irrigation canal for cultivating the paddy fields. Learned counsel for the petitioners submits that according to G.O.Ms.No.7, dated 16.3.2013, the District Level Committee, who is the competent authority, has to permit fresh water aqua culture as per the procedure laid under law. Action of 9th respondent in digging the ponds so as to carry out aqua culture would obstruct the natural drainage canal and cause loss to low lying areas. 9th respondent is not following the procedure as contemplated under law and the official respondents are not interfering with the same. 3. Learned Assistant Government Pleader appearing on behalf of the Fisheries Department, on instructions, has submitted that after receipt of the complaints about the action of 9th respondent regarding unauthorized digging of aqua culture ponds adjacent to paddy fields, the officials of the Fisheries Department informed the concerned Village Revenue Officer and stopped the digging activity. In connection with that, the petitioners have raised their grievance on 16.6.2025 and 5 23.6.2025, pursuant to which the officials of the Fisheries Department inspected the subject lands on 09.7.2025 and 15.7.2025. The learned Assistant Government Pleader further stated that representations are given by 9th respondent for conversion of their lands into aqua farms as they are not suitable for agriculture and so left as barren for the last few years. The learned Assistant Government Pleader further submits that in view of the fact that the petitioners raised objections, the official respondents have not granted any permission to 9th respondent for digging of aqua culture ponds. 4. Learned counsel for the petitioners submitted that since 9th respondent was not allowed to convert the subject agricultural lands into aqua culture ponds, the Writ Petition may be disposed of by recording the submissions of the learned Assistant Government Pleader. 5. Accordingly, by placing on the aforesaid submissions of the learned Assistant Government Pleader on record, the Writ Petition is disposed of. No costs. Miscellaneous petitions, if any, pending, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 22.7.2025 RD 6 THE HON’BLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION No:18566 of 2025 22.7.2025 RD