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2025 DAILYLAW 4725 (AP)

SRI GARIKINA BHASKAR RAO v. THE STATE OF ANDHRA PRADESH

WP/2048/2025 · 2025-02-13

Tarlada Rajasekhar Rao

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2048 OF 2025 Between: 1 .Sri.Garikina Bhaskar Rao, S/o Jagannadham Aged about 26 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 2. Sri.Milapilli Kodanda,S/o Kodanda, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. S.Sri.Merugu Rambabu,S/o Durga, Aged about 32 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 4. Sri. Muthi Bhagavan,S/o Rambabu, Aged about 29 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. S.Sri.Chodapalli Dhaveedu,S/o Nageswar Rao, Aged about 22 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. G.Sri.Koda Durga Rao,S/o Ramarao, Aged about 32 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. y.Sri.Sunkara Ramakrishna,S/o Papaiah Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. S.Sri.Koda Suresh,S/o Apparao, Occ; Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 9.Sri. MeruguNookaraju,S/o Durga, Aged about 32 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. lO.Sri.Chintakayala China krishna, S/o Sattiraju, Aged about 49 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. H.Sri.Pikki Pethuru,S/o Nallabbai, Aged about 43 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa.District. 12.Sri.Koduru Venkata Narayana, S/o Chinna Narayana, Aged about 49 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 13. Sri.Mutthi Rambabu,S/o Masenu, Aged about 49 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 14. Sri. Bommana Ravi Shankar,S/o Mallaiah Aged about 38,years,Occ; Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. > 15.Sri. BommanaRajaiah,S/o Mallemkondaiah Aged about 60 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 16.Sri. Duda Srinu,S/o Jagannadham, Aged about 29 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 17.Sri. Bale Somaraju,S/o Gopalam, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 18.Sri. Chokka Krishna,S/o Rajababu, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 19.Sri. Garikina Mahesh,S/o Jagannadham, Aged about 22 years, Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram MandaC Kadapa District. 20.Sri. Garikina Sreenu,S/o Dhanamayya Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 21.Sri. Arjilli Flaribabu,S/o Chinakonda Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. 22.Sri. Koduru Adinarayana,S/o Chinna Narayana Occ: Fisher Man, R/o Adusuvaripalle village, Gopavaram Mandal, Kadapa District. ..Petitioner/s t AND % 1.The State of Andhra Pradesh. Rep. by itsPrincipalSecretary, Animal Husbandry and Fisheries Department. Secretariat buildings. Velagapudi, Amaravathi. 2.TheCommissioner of Fisheries Fisheries Department. Vijayawada. NTR District. S.TheDistrict Fisheries Officer Kadapa District. 4.The Fisheries Development Officer B.Matam. Kadapa District. ..Resoondent/.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 to issue an appropriate writ, order, or direction, more particularly one in the nature of a Writ of Mandamus, declaring the inaction of Respondent No. 4 in failing to provide housing to the petitioners in the Rehabilitation and Resettlement (Rand R) colony, failing to sanction the Rand R package of Rs. 10 lakhs per petitioner as per G.O.Rt.No.224, dated 30.06.2021, issued by the Water Resources (Rand R-A2) Department, and failing to provide land up to one acre for agricultural, horticultural or cattle grazing purposes to the SC/ST petitioners Nos. 1,2, 4, 5, 11, and 14 under Rule 24 of the Andhra Pradesh Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules 2014, as applicable to the project-displaced families due to the Polavaram Irrigation Project in Manturu and Gonduru villages, Devipatnam Mandal, Alluri Seetharama Raju District. It is prayed that the Hon'ble Court declare the failure of Respondent No. 5 in calculating the structure values for Petitioners Nos. 1 to 14 under Rule 28 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Rules, 2014, as arbitrary, illegal, unconstitutional, and a clear violation of Articles 14, 21, and 300A of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondents 3 and 4 to act upon the representation of the petitioners dated 12.11.2024 and issue a Fishing License to the petitioners in the Somasila Reservoir, Kadapa District pending disposal of the above writ petition. Counsel for the Petitioners : SRI P. MALLIKHARJUNA RAO Counsel for the Respondents: GP FOR ANIMAL AND HUSBANDARY The Court made the following: ORDER APHC010036062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 2048/2025 Between: Sri Garikina Bhaskar Rao and others ...PETITIONER(S) AND ...RESPONDENT{S) The State of Andhra Pradesh and others Counsel for the Petitioner(S): 1.PMALLIKHARJUNARAO Counsel for the Respondent(S): 1.GP FOR ANIMAL HUSBANDARY The Court made the following order: 2 3? THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.2048 of 2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; “...to issue an appropriate writ order or direction more particularly one In the nature of Writ of Mandamus by declaring the action of the respondents 3 and 4, in not acting upon the representations of the petitioners, dated 12.11.2024, is arbitrary, illegal and violation of the Article 21 and 19(1)(g) of the Constitution of India and the principles of natural justice, consequently direct the respondents 3 and 4 to issue the Fishing License to the petitioners to do fishing activity in the Somasila Reservoir, Kadapa District and to pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. ” 2. The learned counsel for petitioners submits that the petitioners are the residents of Adusuvaripalle Village, Gopavaram Mandal, YSR Kadapa District. The petitioners are the bonafide fishermen and fulfilled all the conditions laid down in the Government Orders and also secured a certificate of residence and identity from the concerned revenue authorities, for obtaining fishing license. The petitioners made a representation, dated 12.11.2024 to the respondent authorities requesting to issue license for fishing activities in the Somasila Reservoir, Kadapa District, but the same is not disposed by the respondent authorities. Hence, the present writ petition is filed. Learned counsel for the petitioner requested to dispose of this writ 3 petition with a direction to the 4‘^ respondent/Fisheries Development consider the representation, dated 12.11.2024 of the petitioners, within a stipulated time. Considering the request made by the learned counsel for the petitioners, this Court is inclined to dispose of the writ petition directing the 4‘^ respondent to examine the representation, dated 12.11.2024 of petitioners and pass appropriate orders in accordance with law and communicate the said decision to the petitioners herein within a period of two weeks from the date of receipt of a copy of this order. Officer to 3. the Accordingly, the Writ Petition is disposed of. There shall be no 4. order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// /' N OFFICER S To, 1. The Principal Secretary, Animal Husbandry and Fisheries Department, State of Andhra Pradesh, Secretariat buildings Velagapudi, Amaravathi. 2. The Commissioner of Fisheries, Fisheries Department, Vijayawada, NTR District. 3. The District Fisheries Officer, Kadapa District. 4. The Fisheries Development Officer, B.Matam, Kadapa District. 53 One CC to Sri P. Mallikharjuna Rao, Advocate [OPUC] 6. Two CCs to GP for Animal and Husbandary, High Court of Andhra Pradesh. [OUT] 7. Three C.D. Copies. Cnr HIGH COURT DATED: 13/02/2025 ORDER - — * 0 'i MAR 2C25 s . Curreni Seciion ^ A \^Og8PATCW^<^ w WP.No.2048 of 2025 a DISPOSING OF THE W.P. WITHOUT COSTS