. ^ APHC010003412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT i- THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 299 OF 2025 Between: Nagarau Subbaraju, S/o Nagaraju Ramakrishna Raju, aged years, Occ Agriculture, R/o Nelamuru Village, Penumantra Mandal, West Godavari District-534126 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Fisheries and Animal Husbandry Department, Secretariat Buildings, Amaravathi. 2. The District Collector, Collector office West Godavari district 3. The District Fisheries Officer, Cum Convenor, District Level Implementation Committee Andhra Pradesh State Aquaculture Development Authority (AP SADA) West Godavari District, Bhimavaram. 4. The Fisheries Development Officer and secretary, APSADA, Veeravasaram Mandal, Veeravasaram, West Godavari District. 5. The Mandal Revenue Officer, Penumantra Mandal, West Godavari. ...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 Direction more particularly one in the nature of Writ of Mandamus, questioning the inaction of respondents particularly 2nd to 5th respondent are not taking any action against the representation made on 27-09-2024, 12-09-2024, and not taking any steps to remove the unauthorized Borewells utilizing to do Vanami aqua culture using salt water (i.e.. Salt water Vanami prawn culture in fish ponds) and contaminating water and land without prawn authorization and causing damage to the petitioner land in Kata no. 656, in survey Nos 10-1B Ac. 0.50 cents in Nellamuru Village, Penumantra Mandal, West Godavari District Which is adjacent agricultural lands to the aqua ponds are illegally, violation of rules and releasing the polluted water in Panta Bodhi which creating huge loss and causing pollution to the canal water, Petitioner and neighbors of villagers agriculture farms. Without following due process of law as illegal, arbitrary. Contrary to the AP Water, Land and Trees Act-2002 (Act No. 10 of 2002) dt.04-09-2004, G.O.MS.No.7 dt.16-03-2013 and Andhra Pradesh State Aquaculture Development Authority (APSADA) act 2020 (Act 29 of 2020) APSADA Rules and Regulations prescribed under the act and violation of Articles 14, 21,19(1)(g) and 300A and consequently direct the 2 respondent authorities to take necessary action and for other reliefs nd to 5 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 to 5**^ respondent to consider the nd pass an order by directing the 2 representation made on 27-09-2024, 12-09-2024 Counsel for the Petitioner: SRI VINODIN RUTH MADAPALLI Counsel for the Respondents No.1, 3, 4: GP FOR FISHERIES Counsel for the Respondents No.2, 5: GP FOR REVENUE The Court made the following order: APHC010003412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE [3327] PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO; 299/2025 Between: 1.NAGARAU RAMAKRISHNA AGRICULTURE SUBBARAJU, RAJU, AGED YEARS, R/0 NELAMURU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT- 534126 S/0 NAGARAJU OCC ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, FISHERIES AND ANIMAL HUSBANDRY BUILDINGS, DEPARTMENT, AMARAVATHI. 2.THE DISTRICT COLLECTOR, COLLECTOR OFFICE WEST GODAVARI DISTRICT 3.THE DISTRICT FISHERIES OFFICER, CUM CONVENOR, DISTRICT LEVEL IMPLEMENTATION COMMITTEE ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY (AP SADA) WEST GODAVARI DISTRICT, BHIMAVARAM. 4.THE FISHERIES DEVELOPMENT OFFICER AND SECRETARY, APSADA, VEERAVASARAM MANDAL, VEERAVASARAM, WEST GODAVARI DISTRICT. 5.THE MANDAL REVENUE OFFICER, PENUMANTRA MANDAL, WEST GODAVARI. SECRETARIAT ...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 to issue a Writ, Order or Direction // I 2 more particularly one in the nature of Writ of Mandamus, questioning the inaction of respondents particularly 2"*^ to 5 respondents are not taking any action against the representation made on 27-09-2024, 12-09-2024, and not taking any steps to remove the unauthorized Bore wells utilizing to do Vanami aqua culture using salt water (i.e.. Salt water Vanami prawn culture in fish ponds) and contaminating water and land without prawn authorization and causing damage to the petitioner land in Kata No. 656 in survey Nos.10-1B to an extent of Ac 0.50 cents in Nellamuru Village, Penumantra Mandal, West Godavari District, which is adjacent agricultural lands to the aqua ponds as illegal, violation of rules and releasing the polluted water in Panta Bodhi which creating huge loss and causing pollution to the canal water, petitioner and neighbors of vi-llagers agriculture farms, without following due process of law as illegal, arbitrary, contrary to the AP WATER, LAND AND TREES ACT- 2002 (Act No.10 of 2002) dt.04-09-2004, GO.MS.N0.7, dated 16-03-2013 and Andhra Pradesh State Aquaculture Development Authority (APSADA) act 2020 (Act 29 of 2020) APSADA Rules and Regulations prescribed under the act and violation of Articles 14, 21,19(1 )(g) and 300A and consequently, direct the 2”^^ to 5^*^ respondent authorities to take necessary action and for other reliefs. th Counsel for the Petitioner: 1.VINODIN RUTH MADAPALLI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FISHERIES The Court made the following: ' k Order: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following prayer; “....pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, questioning the inaction of respondents particularly 2"^ to 5'^ respondents not taking any action against the representations made on 27-09-2024 and 12-09- 2024 and not taking any steps to remove the unauthorized Bore wells utilizing to do Vanami aqua culture using salt water (i.e.. Salt water Vanami prawn culture in fish ponds) and contaminating water and land without prawn authorization and causing damage to the petitioner land in Kata No. 656 in survey Nos. 10-1B to an extent of Ac 0.50 cents in Nellamuru Village, Penumantra Mandal, West Godavari District, which is adjacent agricultural lands to the aqua ponds as illegal, violation of rules and further releasing the polluted water in Panta Bodhi which is creating huge loss and causing pollution to the canal water, petitioner and neighbors of villagers agriculture farms, without following due process of law as illegal, arbitrary, contrary to the AP WATER, LAND AND TREES ACT- 2002 (Act N0.IO of 2002) dt.04-09-2004, G0.MS.N0.7, dated 16-03-2013 and Andhra Pradesh State Aquaculture Development Authority (APSADA) act 2020 (Act 29 of 2020) APSADA Rules and Regulations prescribed under the Act and violation of Articles 14, 21,19(1)(g) and 300A and consequently, direct the 2”^ to 5 respondent authorities to take necessary action. ” ■th 2. Case of the petitioner herein is that he is carrying on agriculture in land to an extent of Ac.0-50 cents situated in Kata No.656 in Survey N0.IO-IB in Nellamuru Village, Penumantra Mandal, West Godavari District, which is surrounded by 4 agriculture farms like paddy and aqua culture fields. According to the petitioner, the said aqua culture fields are creating much environmental pollution and the same are being done without there being any permission from the respondent authorities. In connection with that, the petitioner made representations to the respondents for illegal activities in Spandana and the same has been forwarded to respondent No.4, but no action has been initiated. Counter affidavit came to be filed by the respondent No.4, 3. wherein at Para 7, it is stated as follows; 7.. It is respectfully submitted that the contents made by the petitioner herein are absolutely wrong that the respondent authorities i.e., 4'^ and 5^^ respondents have inspected the petitioner’s land along with other surrounding lands and found that the petitioner has not cultivating the Wet Paddy in his land of Ac.0-50 cents., and he is also cultivating Vannamei prawn culture in his land, but at present the subject land is full of water and there is no wet paddy in the said land. There is no causing pollution to the environment, irrigation and drinking water. A perusal of the aforesaid contents of the counter affidavit 4. goes to show that respondents conducted inspection and found that the petitioner was not cultivating wet paddy in his land. The A \ 5 respondents categorically stated to the extent that the petitioner also used to cultivate Vannamei prawn culture and at present the subject land is full of water. It is further stated that there is absolutely no pollution caused to the environment, irrigation and drinking water. The averments of the counter affidavit of respondent No.4 are placed on record. Recording the aforesaid submission, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. 5. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to SRI VINODIN RUTH MADAPALLI Advocate [OPUC] 2. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 3. Two CCs to GP FOR FISHERIES High Court of Andhra Pradesh [OUT] 4. Two CD Copies gsg / HIGH COURT DATED:18/09/2025 ORDER WP NO. 299 OF 2025 *( 2 3 OCT 2025 Or^' ntSecy#^w CLOSING THE WP WITHOUT COSTS