APHC010507772025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: Between: 1. KURICHETI RAVI KISHORE, S/o. K. Nagabhushanam, Aged about 45 years, Male, Maruti Rama Rice Miller, Alluru Village, Mudinepalli Mandal Eluru District. 1. THE STATE OF AP, Rep. by its Principal Secretary, Hom Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Eluru District, Eluru. 3. The Joint Director, Fisheries Department, Eluru District, Eluru. 4. The Assistant Director of Fisheries, Kaikaluru, 5. The Tahsildhar, Mudinepalli, Mudinepalli Mandal, Eluru District. 6. The Superintendent of Police, Eluru District, Eluru. 7. Sub Divisional Police Officer, N.R.Pet, Eluru, Eluru District. 8. The Station House Officer, Mudinepalli 9. Boyina Seshagiri, S/o. Venkanna, Male, Aged 40 years, R/o. Main Road, Alluru Village, Mudinepalli Mandal, Eluru District. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27586 OF 2025 1. KURICHETI RAVI KISHORE, S/o. K. Nagabhushanam, Aged about 45 years, Male, Maruti Rama Rice Miller, Alluru Village, Mudinepalli Mandal ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The District Collector, Eluru District, Eluru. 3. The Joint Director, Fisheries Department, Eluru District, Eluru. 4. The Assistant Director of Fisheries, Kaikaluru, Eluru District. 5. The Tahsildhar, Mudinepalli, Mudinepalli Mandal, Eluru District. 6. The Superintendent of Police, Eluru District, Eluru. 7. Sub Divisional Police Officer, N.R.Pet, Eluru, Eluru District. 8. The Station House Officer, Mudinepalli Village and Mandal, Eluru District. 9. Boyina Seshagiri, S/o. Venkanna, Male, Aged 40 years, R/o. Main Road, Alluru Village, Mudinepalli Mandal, Eluru District. IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. KURICHETI RAVI KISHORE, S/o. K. Nagabhushanam, Aged about 45 years, Male, Maruti Rama Rice Miller, Alluru Village, Mudinepalli Mandal ...Petitioner e Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. Village and Mandal, Eluru District. 9. Boyina Seshagiri, S/o. Venkanna, Male, Aged 40 years, R/o. Main Road, 2 10. Perumalla Ratna Kameswara Rao, S/o. late Krishna Murthy, Age 55 years, Male, R/o. Main Road, Alluru Village, Mudinepalli Mandal, Eluru District. ...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 pleased to pass an order or orders particularly one in the nature of Writ of Mandamus, (a) declaring the action of the Respondents Nos.2 to 5 in not taking any action against the unofficial respondent Nos.9 and 10 for illegal digging of the aqua ponds in an extent of Ac.2.02 cents in R.S.No.41 of Bomminapadu Village, Mudinepalli Mandal, Eluru District adjacent to my land without obtaining permissions from the Fisheries Department and other relevant G.O.s as illegal, irregular. arbitrary and violative of provisions of settled principles of Law and also violation of 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 Constitution of India. (b) declaring the action of the Respondents No. 6 to 8 in not taking any action on my complaint Dt.17.09.2025 against the un-official respondents for their high handed action of attempts of criminal trespass and threatening to cause harm to me and my landed property in an extent of Ac.1.50 cents in R.S.No.41 situated in Bomminapadu Village, Mudinepalli Mandal, Eluru District as illegal, irregular, arbitrary and violation of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) (Criminal Procedure Code) and also offends Articles 14, 21 and 300-A of Constitution of India. And Consequently direct the official respondents take appropriate action on my police complaint dated 17.09.2025 and also take steps for removal of the illegal aqua ponds in an extent of Ac.2.02 cents in R.S.No.41 of Bomminapadu Village, Mudinepalli Mandal, Eluru District and pass 3 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 pleased to direct the respondents to take steps against the unofficial respondents for their high hand acts of criminal trespass and also excavation of illegal aqua ponds in an extent of Ac.2.02 cents in R.S.No.41 of Bomminapadu Village, Mudinepalli Mandal, Eluru District by duly considering my complaints dated 17.09.2025 pending disposal of the main writ petition and pass Counsel for the Petitioner: MANGENA SREE RAMA RAO Counsel for the Respondents: GP FOR HOME Counsel for the Respondents:GP FOR REVENUE Counsel for the Respondents:GP FOR FISHERIES The Court made the following order: 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27586 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to pass an order or orders particularly one in the nature of Writ of Mandamus, (a) declaring the action of the Respondents Nos.2 to 5 in not taking any action against the unofficial respondent Nos.9 and 10 for illegal digging of the aqua ponds in an extent of Ac.2.02 cents in R.S.No.41 of Bomminapadu Village, Mudinepalli Mandal, Eluru District adjacent to my land without obtaining permissions from the Fisheries Department and other relevant G.O.s as illegal, irregular. arbitrary and violative of provisions of settled principles of Law and also violation of 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 Constitution of India. (b) declaring the action of the Respondents No. 6 to 8 in not taking any action on my complaint Dt.17.09.2025 against the un-official respondents for their high handed action of attempts of criminal trespass and threatening to cause harm to me and my landed property in an extent of Ac.1.50 cents in R.S.No.41 situated in Bomminapadu Village, Mudinepalli Mandal, Eluru District as illegal, irregular, arbitrary and violation of the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) (Criminal Procedure Code) and also offends Articles 14, 21 and 300-A of Constitution of India. And Consequently direct the official respondents take appropriate action on my police complaint dated 17.09.2025 and also take steps for removal of the illegal aqua ponds in an extent of Ac.2.02 cents in R.S.No.41 of Bomminapadu Village, Mudinepalli Mandal, Eluru District and pass....…” 2. Heard Sri Mangena Sree Rama Rao, learned Counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 5 3. Learned counsel for the petitioner contends that despite filing a complaint dated 17.09.2025 regarding the illegal digging of aqua ponds and threats by the unofficial respondents, the authorities have failed to take any action. It is further contended that the illegal ponds have been established without requisite permissions as mandated under G.O.Ms.No.7 and 15 of the Animal Husbandry, Dairy Development and Fisheries Department. 4. When the matter is taken up for hearing, the learned Assistant Government Pleader submitted that the entire complaint of the petitioner shows that the subject matter is civil in nature, and therefore, the police have not registered any criminal case. 5. Recording the same, this writ petition is disposed of. However, petitioner is at liberty to work out his remedies according to the law. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATAJYOTHIRMAI PRATAPA Date: 09.10.2025 KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.27586 of 2025 Dated: 09.10.2025 KKV