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2025 DAILYLAW 57561 (AP)

Uggumudi Gopinath Reddy v. Chittamuru Venugopal Reddy

WA/1073/2025 · 2025-10-09

Dhiraj Singh Thakur, R Raghunandan Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010525382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND HONOURABLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT APPEAL NO: 1073 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the Order dated 25.06.2025 in W.P. No. 15199 of 2025 on the file of the High Court of Andhra Pradesh. Between: Uggumudi Gopinath Reddy, S/o. Venugopal Reddy, Aged about 48 years, R/o. Piduru Palem Village, Baddevolu Post, Manubolu Mandal, SPSR Nellore District. ...Appellant/Respondent No.8 AND 1. Chittamuru Venugopal Reddy, W/o. Late Sundarramireddy, aged about Post, Manubolu 64 years, R/o. Piduru Palem Village, Baddevolu Mandal, SPSR Nellore District. ...Respondent No.1 /Writ Petitioner 2. The State of Andhra Pradesh, represented by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravathi. 3. The State of Andhra Pradesh, represented by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravathi. 4. The District Collector cum Chairman, District Level Implementation Committee, SPSR Nellore District. 5. The District Fisheries Officer, Nellore, SPSR Nellore District. I %>■ 6. The Assistant Director of Fisheries, Nellore, SPSR Nellore District. . 7. The Assistant Inspector of Fisheries, Manubolu Mandal, SPSR Nellore District. 8„ The Superintending Engineer, , APSPDCL, Nellore, SPSR Neliore District 4’ ,4 ...Respondent Nos.2 to 8/Respondent Nos. 1 to 7 lA NO: 2 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 suspend the Order dated 25.06.2025 of this Hon’ble Court in W.P. No. 15199 of 2025, in favor of the respondent No. 1, pending disposal of the main writ appeal. lA NO: 3 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 direct the respondents not to take any coercive action including the disconnection of power supply to the aqua culture ponds of the Appellant in Sy. No. 378, 379 and 384-B of Baddevolu Village, Manubolu Mandal, SPSR Nellore District, pending disposal of the main writ appeal. Counsel for the Petitioner: SRI MULLA SOHAIL SHAREEF Counsel for the Respondent No.1: SRI SARANU PHANI TEJA Counsel for the Respondent Nos.2, 4 to 7 : GP FOR FISHERIES Counsel for the Respondent No.3 : GP FOR ENERGY Counsel for the Respondent No.8 : SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following Judgment: APHC010525382025 Bench Sr.No:-7 [3446] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 1073 of 2025 Uggumudi Gopinath Reddy ...Appellant Vs. Chittamuru Venugopal Reddy and others ...Respondents ********** Advocate for Appellant Advocate(s) for Respondent(s); Mr. Mulla Sohail Shareef Mr. Saranu Phani Teja for R.1 G P for Fisheries for R.2, R.4 to R.7, GP for Energy for R.3 Mr. Venkata Rama Rao Kota [SC FOR APSPDCL] for R.8 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE R RAGHUNANDAN RAO : 10^'’ October, 2025 DATE PC : The present writ appeal has been preferred against the judgment and order, dated 25.06.2025, passed in WP.No.15199 of 2025. 2. By virtue of the judgment and order impugned, the writ petition came to be disposed of without issuing any notice to the appellant herein (respondent No.8 in the writ petition) with a direction to the official respondents to implement the provisions of the Andhra Pradesh State Aquaculture Development Authority Act, 2020 [‘AP SADA Act’, for short]. 2 HCJ & RRR, J WA 1073 2025 r. i The direction was given on the basis of the stand taken by the official respondents that the aqua culture activity being undertaken by the appellant herein was without any permission under the AP SADA Act of 2020. Learned counsel for the appellant has drawn our attention to a document on record which reflects that the appellant was granted permission 3. from 04.01.2016 to 03.01.2026. Although learned counsel for respondent No.1 (petitioner before the learned single Judge) has tried to emphasize the fact that the earlier registration was issued under the provisions of a different Act and not under the latest Act of 2020, which required a fresh licence to be issued in favour of the appellant, yet we are of the opinion that the issues which are now raised by the counsel for respondent No.1 need to be looked at and gone into afresh by the learned single Judge and for that we deem it appropriate to remand the matter to the learned single Judge for consideration afresh. 4. Accordingly, the Writ Appeal is allowed. The judgment and order impugned is set aside. Registry is directed to list WP.No.15199 of 2025 on 27.10.2025 before the learned single Judge as per Roster. No order as to 5. costs. 3 HCJ & RRR, J WA 1073 2025 MisceHaneous applications pending, if any, shall stand closed. Sd/- E. KAMESWARA RAO JOINT REGISTRAR vy //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Fisheries Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. The Principal Secretary, Energy Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi. The District Collector cum Chairman, District Level Implementation Committee, SPSR Nellore District. 4. The District Fisheries Officer, Nellore, SPSR Nellore District. 5. The Assistant Director of Fisheries, Nellore, SPSR Nellore District. 6. The Assistant Inspector of Fisheries, Manubolu Mandal, SPSR Nellore District. 7. The Superintending Engineer, APSPDCL, Nellore, SPSR District. 8. The Section Officer, Writ Non Service Section, High Court of A.P. 9. The Section Officer, Posting Section High Court of A.P. lO.One CC to Sri Mulla Sohail Shareef, Advocate [OPUC] 11 .One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL [OPUC] 12.Two CCs to GP for Energy, High Court of Andhra Pradesh [OUT] 13.Two CCs to GP for Fisheries, High Court of Andhra Pradesh [OUT] 14.One CC to Sri Saranu Phani Teja, Advocate [OPUC] 15.Two CD Copies 1. 2. 3. Neliore Cnr HIGH COURT '4 DATED:10/10/2025 JUDGMENT WA NO. 1073 OF 2025 13 OCT 2025 vs ml - ■ vjSttac^MSasss'i' tssS'**' ALLOWING THE WRIT APPEAL WITHOUT COSTS