APHC010369342023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19002/2023 Between: 1. NUKALA DORA BABU,, S/O SUBBARAYUDU, AGED. 49 YEARS, RIO FLAT NO.402, SVR NILAYAM, PADMARAO NAGAR, SECUNDERABAD, TELANGANA ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED THROUGH THE PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER OF FISHERIES/APPELLATE AUTHORITY, A.P. STATE AQUA CULTURE DEVELOPMENT AUTHORITY, ANDHRA PRADESH AT VIJAYAWADA. 3. THE DISTRICT COLLECTOR/CHAIRMAN, DLIC, A.P.S.A.D.A., BHIMAVARAM, WEST GODAVARI DISTRICT. 4. THE DISTRICT FISHERIES OFFICER JOINT DIRECTOR OF FISHERIES, BHIMAVARAM, WEST GODAVARI DISTRICT. 5. THE DEPUTY DIRECTOR OF FISHERIES/LICENSING AUTHORITY/ MEMBER SECRETARY, DLIC, A.P.S.A.D.A., BHIMAVARAM, WEST GODAVARI DISTRICT. 6. PULI MURALI MOHAN S/O PULI NARASIMHA RAO, R/O.DOOR NO.11-6, NEAR SUBBARAYUDU TEMPLE, SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT ANDHRA PRADESH 7. KATIKA SRIDEVI W/O K VENKATA SAI SATYANARAYANA, R/O.DOOR NO.11-102, CHINTALAVADDHA PALAKODERU MANDAL, SRUNGAVRUKSHAM, W.G.DISTRICT, AP 2 8. MADAKA NARASIMHULU S/O APPA RAO, , R/O.DOOR NO.11-107, CHINTALAVADDHA PALAKODERU MANDAL, SRUNGAVRUKSHAM, W.G.DISTRICT, AP 9. RAMESH KATAM S/O K VISWANADH, R/O.H.NO.14-132, RAYAPROLU VARI STREET BHIMAVARAM, W.G.DISTRICT, AP 10. ADADA CHATRAPATHI SIVAJI S/O ADADA RAMAKRISHNA, R/O.H.NO.6-180, KUNUKU STREET, PALAKODERU MANDAL PENNADA AGRAHARAM, PENNADA, WEST GODAVARI DISTRICT, AP 11. KATAKAMSETTI NAGARAJU S/O LATE K SURYANARAYANA, R/O.DOOR NO.8-92, RAVICHERUVUGATTU PALAKODERU MANDAL, SURGAVRUKSHAM, W.G.DISTRICT, AP 12. LANKALAPALLI SAI SRINIVAS S/O L NAGESWARA RAO, R/O.DOOR NO.10-1-102, FLAT NO.501 SAI SATYAM TOWERS, OPP.LIC OFFICE, BHIMAVARAM BHIMAVARAM MANDAL, W.G.DISTRICT, AP 13. MENTE VENKATARAMAYYA S/O LACHANNA, R/O.DOOR NO.11-18, NEAR SUBBARAYUDU TEMPLE, SRUNGAVRUKSHAM, WEST GODAVARI DISTRICT, AP 14. GUNUPUDI PANDU RANGA RAO S/O G JOGIRAJU, R/O.DOOR NO.11-93, SRUNGVRUKSHAM, PALAKODERU MANDAL WEST GODAVARI DISTRICT, AP 15. MENTE PREMENDRANATH S/O M RAMA RAO, R/O.DOOR NO.11-100, ANJANEYASWAMY TEMPLE STREET, IRAGAVARAM W.G.DISTRICT, ANDHRA PRADESH 16. CHAVAKULA RAJYALAKSHMI S/O SATYANARAYANA, R/O.DOOR NO.11-112/A, ANJANEYASWAMY TEMPLE STREET, IRAGAVARAM WEST GODAVARI DISTRICT, AP 17. MENTE VENKATA REDDY C/O MENTE VENKAT RAO, R/O.DOOR NO.1-138/1 VIDHYANAGAR COLONY, SRUNGAVRUKSHAM, W.G.DISTRICT, ANDHRA PRADESH 18. SAVARAM LAKSHMIRATNAM W/O S SRI PANDU RANGA RAO, , R/O.DOOR NO.8-125, SUBRAHMANYA STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT ANDHRA PRADESH 19. CHINTAPALLI APPA RAO S/O CH SIRNHACHALAM, 3 R/O.DOOR NO.11-103, CHINTALVADDA SRUNGAVRUKSHAM, W.G.DISTRICT, AP 20. KOPPULA VEERA VENKATA SATYANARAYANA S/O K SURYANARAYANA, , R/O.H.NO.10-185/3, KOPPULAVARIVEEDHI SRUNGAVRUKSHAM, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, AP 21. KOPPULA VENKATA CHITTI TATAJI S/O SURYANARAYANA, R/O.DOOR NO.11-29, KOPPULAVARI STREET SRUNGAVRUKSHAM, W.G.DISTRICT, AP 22. K V SUBBARAYUDU S/O LATE K SRIRAM MURTHY, R/O.DOOR NO.11-14, UNGARALAVARI VEEDHI SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 23. KOPPARTHI VARALAKSHMI W/O K VENKATA SUBBA RAYUDU, , R/O.DOOR NO.11-14, UNGARALAVARI VEEDHI SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 24. JAVVADI SURYA CHANDRA RAO S/O J SUBBA RAO, R/O.DOOR NO.10-8, JAVVADI VAARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 25. JAVVADI SATYANARAYANA S/O LATE J SUBBA RAO, R/O.DOOR NO.10-8/1, JAVVADI VARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 26. MENTE GOPAL KRISHNA S/O M RAMAIAH, R/O.DOOR NO.10-7, JAVVADI VAARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 27. PALI NARASIMHA RAO S/O SATYANARAYANA, R/O.DOOR NO.11-8, UNGARALAVARI STREET SRUNGAVRUKSHARN, PALAKODERU MANDAL, W.G.DISTRICT, AP 28. MENTE KRISHNAVENI W/O M SATYANARAYANA, R/O.DOOR NO.7-108/1, KATAM VAARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 29. KOPPARTY SATYANARAYANA S/O K SRIRAMA MURTHY, , R/O.DOOR NO.11-4, UNGARALAVAARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 4 30. KOPPARTHY CHALLA MANI W/O K SATYANARAYANA, R/O.DOOR NO.11-14, UNGARALAVAARI STREET SRUNGAVRUKSHAM, PALAKODERU MANDAL, W.G.DISTRICT, AP 31. VEERA LAKSHMI SAI KUMARI W/O VEERA RAGHAVA RAO, R/O.DOOR NO.13-18-12/2, NALLAMVAARI THOTA, GUNUPUDI, BHIMAVARAM WEST GODAVARI DISTRICT, AP 32. GANDHAM BHRAMARAMBA W/O JAGANNADHA RAO, R/O.DOOR NO.19-24-8 STREET NO.3, BANK COLONY, BHIMAVARAM. WEST GODAVARI DISTRICT, AP 33. KOYA SATYANARAYANA, R/O. SRI LAKSHMINAGAR COLONY ROAD, MIYAPUR, MEDCHAL, MALKAJGIRI, TELANGANA, 500040 RR 6 TO 33 ARE IMPLEADED AS PER THE COURT ORDER DATED.19.02.2024 VIDE ORDER PASSED IN IA NO.2 OF 2023. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the orders in Order No.60/Appeal/APSADA/2023 and proceedings in Prgs.No.1328/P1/2021, dated 20/07/2023 passed by the 2nd Respondent confirming the order dated 20/03/2023 passed by the 3rd Respondent where under Aqua Culture Farm License Nos.AQENFWWG000549 and AQENFWWG000535 dated 23/03/2021 for fresh Water Aqua Culture in a total extent of Ac.9.06 Cents in Sy.No.356-3, 356-4, 356-5, 355-1, 355-4, 355- 2B situated at Srungavruksham Village, Palakoderu Mandal, West Godavari District issued in favor of the petitioner were cancelled, as illegal, arbitrary, capricious and contrary to the Andhra Pradesh State Aquaculture Development Authority Act and relevant G.Os in that aspect besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently set aside the same in the interest of justice and to pass Counsel for the Petitioner: 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FISHERIES 3. TURAGA SAI SURYA 5 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19002/2023 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, declaring the Order No.60/Appeal/APSADA/2023 and proceedings in Prgs.No.1328/P1/2021, dated 20/07/2023 passed by the 2nd Respondent confirming the order, dated 20.03.2023 passed by the 3rd Respondent whereunder Aqua Culture Farm License Nos.AQENFWWG000549 and AQENFWWG000535 dated 23/03/2021 for fresh Water Aqua Culture in a total extent of Ac.9.06 Cents in Sy.No.356-3, 356-4, 356-5, 355-1, 355-4, 355-2B situated at Srungavruksham Village, Palakoderu Mandal, West Godavari District issued in favor of the petitioner were cancelled, as illegal, arbitrary, capricious and contrary to the Andhra Pradesh State Aquaculture Development Authority Act and relevant G.Os in that aspect besides violation of Article 14, 21 and 300-A of the Constitution of India and to consequently, set aside the same in the interest of justice.” 2. Case of the petitioner is that he and his family members are in possession of land to a total extent of Ac.9-06 cents covered by Sy.Nos.356-3, 356-4, 356-5, 355-1, 355-4 and 355-2B situated at Srungavruksham Village, Palakoderu Mandal, West Godavari District. There is no dispute with regard to right, title, possession and enjoyment over the said properties by petitioner and their family 6 members. As the lands remain inundated throughout the year due to blockage of existing drains in the area, the lands are not fit for any cultivation other than aqua culture. With mutual understanding amongst the family members, petitioner made an application in the year 2016 for grant of license to do aqua culture in the said lands. The authorities concerned granted the license, pursuant to which, petitioner has been carrying on aqua culture without any interruption. Two bore wells were dug with nominal salinity of 2 ppt only to top up the evaporated water from the ponds and to maintain the water levels during summer whenever canal water is not sufficient/available. There are six existing fish tanks in the land, out of which two tanks are being used for storage purposes. The petitioner has been undertaking fresh water aqua culture (fish culture) in the subject lands under license Nos.AQENFWWG000549 and AQENFWWG000535, both dated 23.03.2021 and valid for life time. While the matter stood thus, petitioner was served with show- cause notice for suspension/cancellation of license, vide Notice No.289/B/2022 dated 12.01.2023 issued by 4th respondent on the ground of alleged violations of the provisions under the APSADA Act and the Rules. By an order, dated 20.03.2013 in Ref.No.289/B/2022, 3rd respondent cancelled the petitioner’s license on the ground that the 7 reply submitted to the show-cause notice was not satisfactory and that the violations stood established, under Rule 26(5) of the APSADA Rules, 2020. It was further observed that the licensee is at liberty to rectify the defects which led to the suspension of license and furnish his compliance so that the licensing authority shall examine and consider to revoke the suspension after satisfying with compliance. 3. Learned counsel for the petitioner submits that the petitioner intends to carry on the fresh water aquaculture and is willing to rectify the defects pointed out in the show-cause notice, so as to proceed further in accordance with law. 4. 4th respondent filed a counter affidavit stating that, basing on the complaint received through Spandana, the Appellate Authority, APSADA/Commissioner of Fisheries, Vijayawada, decided to constitute a committee for field inspection of the petitioner’s aquaculture and to ascertain the current status of the ponds vis-à- vis the conditions prescribed in G.O.Ms.No.7 ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT, dated 16.03.2013, relating to grant of license for fresh water aquaculture ponds, for the purpose of taking further action on the petitioner’s case. The committee so constituted inspected the petitioner’s tanks on 19.07.2023 in the presence of petitioner and Spandana grievance complainants. During the 8 inspection, the committee noted factual aspects and heard on all points raised by both parties. Finally, the committee concluded that the decision of the DLIC to cancel the license of the petitioner be upheld. 5. Proposed Respondent No.6, on behalf of proposed respondent Nos.6 to 33, filed a vacate stay petition stating that the petitioner is carrying on Vannamei culture by drawing saline water from the bore wells admittedly dug by the petitioner. It is further stated that there are defects and violations in carrying out aqua culture as per the license granted. It is also stated that the existing drain was closed due to the extension of railway track, R & B road, etc., and that at present there are no drains or drainage facilities for discharge of used water from the aquaculture ponds. It is also stated that they are cultivating paddy crops in their respective lands and on account of petitioner carrying on aquaculture without following the prescribed norms and license conditions stipulated in G.O.Ms.No.7 dated 16.03.2013 and amendments issued from time to time, and also the provisions of APSADA Act, drainage and contaminated water is being discharged near their lands, resulting in damage to their crops. 6. Heard learned counsel for the petitioner and learned counsels appearing on behalf of the respondents. 9 7. From a perusal of the material on record, it is clear that, by order, dated 20.03.2023, 3rd respondent cancelled the license issued in favour of the petitioner in respect of aqua culture farm on account of certain violations, and the same was upheld by 2nd respondent-appellate authority in the orders dated 20.07.2023. Therefore, no further orders are necessary in the aforesaid Writ Petition. However, the petitioner is at liberty to proceed in terms of the observation made by 3rd respondent, wherein it was noted that upon rectifying the violations pointed out in the show-cause notice, the petitioner may submit a fresh application before the competent authorities. It shall thereafter for the authorities to inspect the land and decide whether a license can be granted in favour of the petitioner. 8. With the aforesaid observations, the Writ Petition is disposed of. 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. ________________________ K. SREENIVASA REDDY, J. Date:05.11.2025 ARB 10 286 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.19002 of 2023 Date:05.11.2025 ARB