APHC010094472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 5152/2025 Between: 1. KUCHERLAPATI GOPALA KRISHNAM RAJU, S/O K SITA RAMA RAJU, AGED ABOUT 66 YRS, RESIDENT OF 2-59, NELAMURU VILLAGE, PENUMANTRA MANDAL. WEST GODAVARI DISTRICT. 2. KUCHERLAPATI PADMA KALYANI,, W/O GOPALA KRISHNAM RAJU, AGED ABOUT 54 YRS. RESIDENT OF 2- 59, NELAMURU VILLAGE, PENUMANTRA MANDAL. WEST GODAVARI DISTRICT. ...PETITIONERS AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR CUM CHAIRMAN OF DISTRICT LEVEL IMPLEMENTATION COMMITTEE, ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY (APSADA), WEST GODAVARI DISTRICT 3. THE COMMISSIONER OF FISHERIES, PORANKI, BANDAR ROAD, VIJAYAWADA, NTR DISTRICT 4. FISHERIES DEVELOPMENT OFFICER AND SECRETARY, APSADA, VEERAVASARAM VILLAGE AND MANDAL, WEST GODAVARI DISTRICT 2 5. THE DISTRICT FISHERIES OFFICER CUM CONVENER OF DISTRICT LEVEL IMPLEMENTATION COMMITTEE, ANDHRA PRADESH STATE AQUACULTURE DEVELOPMENT AUTHORITY (APSADA), BHIMAVARAM, WEST GODAVARI DISTRICT 6. THE TAHSILDAR, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT. 7. THE VILLAGE REVENUE OFFICER, NELAMURU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT 8. THE ASSISTANT ENGINEER, EASTERN POWER DISTRIBUTION COMPANY OF ANDHRA PRADESH LIMITED PALAKOLLU DIVISION, PENUMANTRA SUB- DIVISION, WEST GODAVARI DISTRICT 9. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 10. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, BHIMAVARAM, WEST GODAVARI DISTRICT 11. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P. 12. THE STATION HOUSE OFFICER, PENUMANTRA POLICE STATION, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT 13. NAGARAJU VENKATA SATYAVATHI, W/O. VENKATRAMA RAJU, AGED 57 YEARS, AGRICULTURE, R/O. D.NO.1-72, SIVALAYAM STREET, NELAMURU VILLAGE, PENUMANTRA MANDAL, WEST GODAVARI DISTRICT ...RESPONDENTS 3 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 toPleased to issue an appropriate Writ order or direction more particularly, one in the nature of Writ of Mandamus, declaring action of the respondents more particularly respondents no. 4 to 8, 10 and 12 in trying to remove the electricity connection of bore which aids in drawing fresh water to petitioners land and consequently trying to seize the bores belonging to petitioner which are situated in the petitioners Fresh Aqua Culture Farms in Sy. No. 9-1, 9-3, 9-4A 8-1 A, 10-1, 10-1 A, 2-1 which are in an extent of Ac. 6. 67 cents situated at Nelamuru Village, Penumantra Mandal, West Godavari District without following due process of law as bad, illegal, arbitrary, violative of Articles 14, 19(1) (g), 21 and 300-A of Constitution of India And violative of principles of Natural Justice and consequently direct the respondents not to remove electricity connection to the bore and not to interfere in petitioners property and pass 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 not to take any coercive action against the bore which aids in drawing fresh water to petitioner’s land situated in petitioners ;:3;: property and also not to interfere with the Aquaculture farming of the petitioner in Sy. No. 9-1, 9-3, 9-4A 8-1 A, 10-1, 10-1 A, 2-1 which are in an extent of Ac. 6. 67 cents situated at Nelamuru Village, Penumantra Mandal, West Godavari District and pass IA 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 pleased to vacate the interim order dated 05.03.2025 in W.P.No.5152 of 2025 and pass IA 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 may be pleased to Implead the Petitioner/Proposed Respondent No. 13 as Respondent No. 13 in W.P.No. 5152 of 2025 as well as the interlocutory applications and pass 4 IA NO: 4 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 vacate the interim order dated 05-03-2025 passed in W.P.No.5152 of 2025 and dismiss the writ petition with costs and pass Counsel for the Petitioners: 1. R DURGA LATHASRI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. V V SATISH (SC for APEPDCL) 4. GP FOR IRRI AND CAD 5. GP FOR FISHERIES 6. SRI P.L.NARASIMHA RAO The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking to declare action of the respondents, more particularly respondent Nos.4 to 8, 10 and 12, in trying to remove the electricity connection of bore which aids in drawing fresh water to petitioners’ land and consequently, trying to seize the bores belonging to petitioners which are situated in the petitioners’ fresh Aqua Culture Farms in Sy.Nos.9-1, 9-3, 9-4A, 8-1A, 10-1, 10-1A, 2-1 in an extent of Ac.6.67 cents in Nelamuru Village, Penumantra Mandal, West Godavari District, without 5 following due process of law as illegal, arbitrary, violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and violative of principles of natural justice, and consequently, direct the respondents not to remove electricity connection to the bore and not to interfere in petitioners’ property. 2. It is the case of the petitioners that they are the absolute owners and possessors of subject lands situated in Sy.Nos.9-1, 9-3, 9-4A, 8-1A, 10-1, 10-1A, 2-1 in an extent of Ac.6.17 cents in Nelamuru Village, Penumantra Mandal, West Godavari District, and they are doing fresh water aquaculture farming, and the District Level Implementation Committee, West Godavari district issued validity for lifetime period for doing fresh water aquaculture vide endorsements dated 25.08.2021 and 28.08.2021 in the said lands, and as such, they are doing fresh water aquaculture farming. Based on the complaint dated 14.6.2024 given by respondent No.13, who is having bad terms with the petitioners, respondent No.5 issued show cause notice dated 18.09.2024 calling for explanation on 6 the allegations levelled in the complaint, and on 23.09.2024, the petitioners submitted explanation stating that they are doing fish farming. It is the case of petitioners that without passing any orders and keeping quiet for five months, on 06.02.2025, the respondent-authorities high- handedly entered the subject fresh water aquaculture farming lands and disconnected electricity connection of the bore which helps them to draw fresh water, and tried to seize the bore and also tried to disconnect electricity connection of another bore, and that the said action of the respondent-authorities in seizing the aqua culture of the petitioners is high-handed and illegal; that the petitioners submitted representation on 10.02.2025 to the respondent- authorities not to interfere with their aquaculture farming, but the same is in vain. Hence, the Writ Petition. 3. Hence, the Writ Petition. 3. On 05.03.2025, based on the submission of learned counsel for respondent No.8, on instructions, that the Electricity Department had not disconnected the electricity connection for the borewells by then, directed the parties to maintain status quo obtaining as on that day till the next 7 listing, and directed Respondent No.4-Fisheries Development Officer and Secretary, APSADA, Veeravasaram village to place on record any evidence indicating that the writ petitioners had undertaken prawn culture instead of fresh water aquaculture. This Court also directed the authority to place on record Field Inspection Reports, if any, along with acceptable proof/evidence. Pursuant to the said direction of this Court, a report dated 17.4.2025 prepared by the Fisheries Development Officer/ Aqua Culture Inspector, Veeravasaram, along with certain photographs, was submitted before this Court. On 28.04.2025, this Court placed the said report on record and categorically observed that the interim order of status quo granted on 05.03.2025 was until the next listing only and during the subsequent listings, the interim order has not been extended. On that day, learned counsel for the petitioners, after receipt of copy of written instructions along with photographs, sought a short adjournment to take instructions from her client. 8 4. Thereafter, on 05.05.2025 and on 28.07.2025, the matter was adjourned at request of learned counsel for the petitioners. On 30.07.2025, when the matter was taken up, there was no representation on behalf of writ petitioners. On 05.08.2025 also, there was no representation on behalf of the writ petitioners. On 19.08.2025 also, there was no representation on behalf of the writ petitioners, and therefore, the matter was directed to be listed to today under the caption ‘for dismissal’. Today also, when the matter is taken up, there is no representation on behalf of the writ petitioners. It appears, pursuant to filing of the report, the petitioners are not evincing any interest in prosecuting the case. 5. Heard the learned Government Pleader for Fisheries appearing for respondents 1 to 5; the learned Assistant Government Pleader for Revenue appearing for respondents 6 and 7; Sri V.V.Satish, learned Standing Counsel for respondent No.8 and Sri P.L.Narasimha Rao, learned counsel for respondent No.13. 9 6. It is the contention of the learned Government Pleader appearing for respondents 1 to 5, the learned Standing Counsel for respondent No.8 and the learned counsel for respondent No.13 that the writ petitioners are doing salt water vannamei farming in the subject land, by violating the rules and the conditions of the license issued by the competent authority,and also dug borewells unauthorizedly and drawing water from the borewells to do vannamei farming, and basing on a complaint of respondent No.13, who is neighbouring land owner, the officials inspected the subject lands of the writ petitioners and noticed the same. It is submitted that the report submitted by the Fisheries Development Officer/Aqua Culture Inspector,Veeravasaram also reveals the same, and accordingly, power disconnection was ordered as per Rules, and hence, the Writ Petition is devoid of merits. 7. This Court perused the record. The writ petitioners approached this Court by stating that they are doing fresh water aqua culture farming in the subject lands after obtaining licence from the competent authority. The report 10 dated 17.4.2025 submitted by the Fisheries Development Officer/Aqua Culture Inspector, Veeravasaram, after inspection pursuant to the directions of this Court, reveals that the writ petitioners dug four bore wells without any permission from the competent authorities under the AP WALTA Act and that they have taken up vannamei farming, which is an exotic species, without permission which is in violation of paragraph Nos. 7.13, 7.23 and 7.24 of G.O.Ms.No.7, dated 16.3.2013, and that the aqua ponds water samples were collected and analysed in Government Aqua Lab, Bhimavaram and salinities were recorded as 7 ppt, 8ppt and 9ppt respectively, which is a characteristic of brackish water. The written instructions furnished by 6th respondent-Tahsildar, which are placed on record by the learned Assistant Government Pleader for Revenue, also reveal that 6th respondent, along with 4th respondent, conducted field enquiry on the complaint of respondent No.13 and found that the petitioners are doing other than the permitted species aquaculture i.e. salt water vannamei aquaculture, and that they are doing unauthorized salt 11 water vannamei culture and are violating the Rules and conditions of the licenses issued under the APSADA Act. 8. Respondent No.13, pursuant to complaint of whom the subject proceedings were initiated by the authorities, filed counter affidavit stating inter alia that as a result of the acts of the writ petitioners, she has been suffering irreparable loss, and her land, which is adjacent to the land of the writ petitioners, is becoming barren. 9. Therefore, from the above, it is clear that the writ petitioners, having obtained license for doing fresh water aqua culture farming in the subject lands, dug four bore wells without any permission from the competent authorities under the AP WALTA Act and that they have taken up vannamei farming, which is an exotic species, violating the Rules and the conditions of license. The writ petitioners obtained the interim order of status quo from this Court on 05.03.2025, by approaching this Court that they were doing fresh water aquaculture farming. But, the ground reality is different. The petitioners have not 12 approached the Court with clean hands. There has been no representation on behalf of the writ petitioners for the last three adjournments. Today also, though the matter is listed under the caption ‘for dismissal’, there is no representation on their behalf. This Court made it clear on 28.04.2025 that the interim order of status quo was granted on 05.03.2025 until the next listing, whereas during the subsequent listings, the interim order has not been extended. Therefore, the authorities are at liberty to take steps in accordance with law for violations, if any. The Writ Petition is devoid of merit and is liable to be dismissed. 10. Accordingly, the Writ Petition is dismissed. No order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _____________________________ K. SREENIVASA REDDY, J. 01.09.2025 ARB/DRK 13 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.5152 of 2025 Date: 01.09.2025 ARB /DRK