1 HN, J W.P.No.21898_2023 APHC010426412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 9th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21898/2023 Between: 1. BETHAPUDI NARASIMHA RAO, , S/O. MAHANKALI, 52 YRS, 2-24 BETHAPUDI, WEST GODAVARI DIST. 534207. 2. BETHAPUDI MANGARAJU,, S/O. MAHANKALI, 42 YRS, 2-22 BETHAPUDI, WEST GODAVARI DIST. 534207 ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DIST. 2. THE COMMISSIONER OF FISHERIES, GOVT. OF A.P. VIJAYAWADA, KRISHNA DIST. 3. THE ADDL DIRECTOR OF FISHERIES, , GOVT. OF A.P. VIJAYAWADA, KRISHNA DIST. 4. THE DISTRICT FISHERIES OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. 5. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 6. THE MANDAL REVENUE OFFICER, , BHIMAVARAM (M), BHIMAVARAM, W. G. DIST. 7. SRI BETHAPUDI SATYANARAYANA, S/O. TATARAO, 38 YEARS, R/O. BETHAPUDI VILLAGE PANCHAYAT, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. ...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 topleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of the 4th Respondent not acted as per the Memo No.4377/P2/2017 Dt.26.7.2023 issued by the 2nd Respondent is illegal and arbitrary and violate the fundamental rights guaranteed under the Constitution, apart from Article 14, 19(1)(g), 21 and 300- A of the Constitution of India. consequently directing the Respondents 2 to 6 2 HN, J W.P.No.21898_2023 not to cultivate the pisci culture by the 7th Respondent land in an extent of Ac.3-00 to the east of the Petitioners land in RS.No.222 of Bethapudi village, Bhimavaram Mandal, West Godavari District, pending disposal of the above Writ Petition. and pass IA NO: 1 OF 2023 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 directing the Respondents 2 to 7 to stop pisci culture by the 7th Respondent's land in an extent of Ac.3-00 to the east of the Petitioners land in RS.No.222 of Bethapudi village, Bhimavaram Mandal, West Godavari District, pending disposal of the above Writ Petition. and pass IA NO: 2 OF 2023 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 24.08.2023 in W.P.No.21898 of 2023 and dismiss the writ petition bearing No.21898 of 2023 and pass IA NO: 3 OF 2023 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.24.08.2023 Passed in W.P No. 21898 of 2023 and dismiss of the W.P. No 21898 2023 and pass Counsel for the Petitioner(S): 1. K K DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. G V V S VARA PRASAD 3. GP FOR FISHERIES 3 HN, J W.P.No.21898_2023 ORDER: 1. The petitioners are aggrieved by the action of respondent No.4 in not considering the memo dated 26.07.2023 issued by respondent No.2. The grievance of the petitioners is that the respondents have not taken any action to restrain respondent No.7 from cultivating aquaculture in an extent of Ac.3.00 cents to the east of the petitioners’ land in R.S.No.222 of Bethapudi Village, Bhimavaram Mandal, West Godavari District. 2. It is submitted that the petitioners are the owners of the land admeasuring an extent Ac.0.46 cents abutting Bethapudi Village, where respondent No.7 is conducting aquaculture without appropriate permissions. It is submitted that the continuation of aquaculture by respondent No.7 will render the petitioners’ property unviable for cultivation. As such, the learned counsel appearing for the petitioners seeks a direction from this Court to respondent Nos.2 to 6 to ensure that respondent No.7 does not continue the aquaculture activity. 3. The learned counsel appearing for respondent No.7 submits that W.P.No.31026 of 2023 was filed by respondent No.7 challenging the unilateral action of the official respondents in coming over to the petitioner’s property therein and destroying the fish ponds. 4. It is submitted that thereafter, R.S.No.222 of Bethapudi Village, Bhimavaram Mandal, West Godavari District, was classified as an aquaculture zone, and the subject property falls within the said aquaculture zone. The 4 HN, J W.P.No.21898_2023 grievance of the petitioner in W.P.No.31026 of 2023 was considered to the satisfaction of the petitioner therein, accordingly, the writ petition was disposed off by this Court. 5. The learned counsel appearing for the petitioners submits that the petitioners may be granted an opportunity to submit their objections to the respondent authorities before granting permission to respondent No.7 for conducting aquaculture. As Survey No.222 is classified as an aquaculture zone, no further orders are required to be passed in the present writ petition. 6. Accordingly, the present writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:09.09.2026 NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 HN, J W.P.No.21898_2023 46 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21898 of 2023 Date: 09.09.2026 NKA