APHC010397722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 20512 OF 2025 Between: 1. Satti Srinivasa Rao, S/o. Late Satyanarayana, Male, Age 63 years, R/o. D.No.2-9/2, Savarappalem Village, Samanasa Post, Amalapuram Rural Mandal Dr. BR Ambedkar Konaseema District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Fisheries Department, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Dr. BR Ambedkar Konaseema District, Amalapuram. 3. The Fisheries Development Officer, Amalapuram Mandal, Amalapuram, BR Ambedkar Konaseema District. 4. The Revenue Divisional Officer, Amalapuram Revenue Division, Amalapuram. 5. The Assistant Director of Fisheries, Razole, Dr. BR Ambedkar Konaseema District. 6. The Tahsildhar, Uppalaguptam Mandal, Uppalaguptam, BR Ambedkar Konaseema District. 7. Chikatia Durga Vishnu Sravanthi, W/o. Chikatia Sree Krishna, Female, Age 50 years, R/o. Sudhapalem Village, Bhimanapalli Post, Uppalaguptam Mandal, BR Ambedkar Konaseema District, PIN- 533221 8. Satti Rajeswari, W/o. Satti Subbarao @ Chinna, Female, Age 40 years, R/o. Savarappadu Village, Canal Road, Samanasa Post, Amalapuram Rural Mandal, BR Ambedkar Konaseema District, PIN- 533213 9. Chavatapalli Ganeswara Rao Bujji, S/o. late Satyanarayana Murthy, Male, Age 45 years, R/o. Savarappadu Village, SRK, J W.P.No.20512 of 2025 2 Samanasa Post, Amalapuram Rural Mandal, BR Ambedkar Konaseema District, PIN- 533213 10. Vardhineedi Sireesha, W/o. Venkata Rishikanth, D/o. Vadagana Srinivasa Rao, Female, Age 29 years, R/o. D.No. 2- 35/3, Savarappadu Village, Canal Road, Samanasa Post, Amalapuram Rural Mandal, BR Ambedkar Konaseema District, PIN- 533213 11. Vadagana Swamy Naidu, S/o. late Krishna Murthy, Male, Age 48 years, R/o. H.No.2-35/3, Savarappadu Village, Canal Road, Samanasa Post, Amalapuram Rural Mandal, BR Ambedkar Konaseema District, PIN 533213 ...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, order or a direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the official Respondent Nos.2 to 6 in not taking any action against the un-official respondents for digging of the aquaculture tanks around the petitioners lands in an extent of Ac.1.25 cents in R.S.No.502/2, Ac.1.50 cents in Sy.No.509/2, Ac.0.46 cents in RS.No.509/1 B2, Ac.0.54 cents in RS.No.509/1B1, Ac.0.08 cents in RS.No.509/1A, Ac.1.08 cents in RS.No,509/1B, Ac.0.80 cents in RS.No.509/1A-1 A, Ac.0.60 cents in RS.No.509/1A-1B, Ac.0.20 cents RS.No.509/1A-1A, of Kithanacheruvu Village, Bheemanapalli Revenue, Uppalaguptam Mandal, Dr. BR Ambedkar Konaseema District, without having valid licenses and without obtaining permissions, without observing mandatory precautionary procedures as illegal, irregular and arbitrary and violation of the Rules under Andhra Pradesh State Aqua Development Authority Rules, 2020 G.O.Ms.No.7 Animal Husbandry, Diary Development and Fisheries Department F-ll, dated 16.03.2013, G.O.Ms.No.15 SRK, J W.P.No.20512 of 2025 3 Animal Husbandry, Diary Development and Fisheries Department F-ll, dated 29.04.2013 and also offends articles 14, 21, 300-A of the Constitution of India and consequently direct the official Respondents to take appropriate action against the unofficial respondents for their illegal excavation of fish tanks without obtaining proper permissions and valid licenses. Counsel for the Petitioner: MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR FISHERIES SRK, J W.P.No.20512 of 2025 4 The Court made the following ORDER: The Writ Petition is filed seeking the following relief. “To issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the official Respondent Nos.2 to 6 in not taking any action against the un-official respondent Nos.7 to 11 for digging of the aquaculture tanks around the petitioner’s lands in an extent of Ac.1.25 cents in RS No.502/2, Ac.1.50 cents in Sy.No.509/2, Ac.0.46 cents in RS No.509/1B2, Ac.0.54 cents in RS No.509/1B1, Ac.0.08 cents in RS.No.509/1A, Ac.1.08 cents in RS No.509/1B, Ac.0.80 cents in RS No.509/1A-1A, Ac.0.60 cents in RS No.509/1A- 1B, Ac.0.20 cents in RS No.509/1A-1A of Kithanacheruvu Village, Bheemanapalli Revenue, Uppalaguptam Mandal, Dr. BR Ambedkar Konaseema District, without having valid licenses, without obtaining permissions and without observing mandatory precautionary procedures, as illegal, irregular, arbitrary and violation of the Rules under the Andhra Pradesh State Aqua Development Authority Rules, 2020, G.O.Ms.No.7, Animal Husbandry, Diary Development and Fisheries Department F-ll, dated 16.03.2013, G.O.Ms.No.15, Animal Husbandry, Diary Development and Fisheries Department F-ll, dated 29.04.2013 and also offends Articles 14, 21 and 300-A of the Constitution of India and consequently SRK, J W.P.No.20512 of 2025 5 direct the official respondents to take appropriate action against the unofficial respondents for their illegal excavation of fish tanks without obtaining proper permissions and valid licenses.” 2. Case of the petitioner is that his family owned land in an extent of Ac.2.65 cents in RS No.501 and 502 of Kithanacheruvu village, Bheemanapalli Revenue, Uppalaguptam Mandal, Dr. BR Ambedkar Konaseema district, and he has been cultivating the said land. The unofficial respondents are having lands around his land and they are adjacent land owners. While so, in the month of June, 2025, the unofficial respondents, having colluded with the official respondents, dug aquaculture tanks in their lands in an extent of Ac.1.25 cents in RS No.502/2, Ac.1.50 cents in Sy.No.509/2, Ac.0.46 cents in RS No.509/1B2, Ac.0.54 cents in RS No.509/1B1, Ac.0.08 cents in RS.No.509/1A, Ac.1.08 cents in RS No.509/1B, Ac.0.80 cents in RS No.509/1A-1A, Ac.0.60 cents in RS No.509/1A-1B, Ac.0.20 cents in RS No.509/1A-1A of Kithanacheruvu Village, Bheemanapalli Revenue, Uppalaguptam Mandal, Dr. BR Ambedkar Konaseema District, without obtaining any permission from the concerned authorities. As the lands of the petitioner are fertile double crop wet lands, if the respondents raise aquaculture, his entire lands will be damaged and the crop productivity of his lands would be reduced. Petitioner submitted a complaint in Spandana on 30.06.2025, but so far no action has been taken by the official respondents against the unofficial respondents for illegal excavation of fish tanks around his lands. Hence, he filed the present Writ Petition. SRK, J W.P.No.20512 of 2025 6 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Fisheries produced a copy of letter, dated 05.08.2025, addressed by 5th respondent - Assistant Director of Fisheries, Razole, Dr. BR Ambedkar Konaseema district, which reads as follows. “It is submitted that, as a matter of fact the petitioner has paddy lands in the Kithanacheruvu village of Uppalaguptam Mandalam. It is submitted when we received the complaint from the petitioner about the action of unofficial respondents 7 to 11 regarding unauthorized digging of their lands, the matter was informed to concerned VRO and took steps to stop the digging activity, the Fisheries department have not issued any permission for Aquaculture, hence the land conversion pertains to the Revenue Department. It is submitted that the petitioner has raised grievances on dated 30.06.2025 and 23.06.2025. In this connection, it is to submit that our Fisheries Development Officer, Uppalaguptam and his VFAs have inspected the alleged lands on 09.07.2025 and 15.07.2025 and took steps not to proceed with the excavation activity by unofficial respondents 7 to 11 of the WP. It is also submitted that some representations are being received from unofficial respondents for several times for conversion of their lands into aqua ponds, since the reason their lands are not suitable for agriculture and left their lands as barren for the last few years. Due to the objections SRK, J W.P.No.20512 of 2025 7 raised by the petitioner, till date no permissions are issued by the Fisheries department for setting of new ponds, same was conveyed to the petitioner at the time of field inspection. Hence submitted that the Fisheries department responded desperately to the petitioner’s petition and resolved the issue at ground level.” 4. A perusal of the said letter goes to show that pursuant to the complaint made by the petitioner, the officials of the Fisheries Department inspected the alleged lands of unofficial respondents on 09.07.2025 and 15.07.2025 and stopped the excavation activity of unofficial respondent Nos.7 to 11 and, due to the objection raised by the petitioner, till date no permissions are issued by the Fisheries Department to the unofficial respondent Nos.7 to 11 for conversion of their lands into aqua ponds. 5. In view of the aforesaid facts and circumstances, by placing the said letter on record, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:17.09.2025 Nsr SRK, J W.P.No.20512 of 2025 8 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.20512 of 2025 Date:17.09.2025 Nsr