APHC010137282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 7239/2026 Between: 1. GADIRAJU SRIHARI RAJU, , S/O. GOPALARAJU, AGED 65 YEARS, CULTIVATION,R/O. YENAMADURRU VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DIST.534239 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI, GUNTUR DIST.522238 2. THE COMMISSIONER OF FISHERIES, GOVT. OF A.P. VIJAYAWADA, KRISHNA DIST.- 521137 3. THE ADDL DIRECTOR OF FISHERIES, GOVT. OF A.P. VIJAYAWADA, KRISHNA DIST. 521137 4. THE DISTRICT FISHERIES OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM.534001 5. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM.534006 2 6. THE MANDAL REVENUE OFFICER, , BHIMAVARAM (M), BHIMAVARAM, W. G. DIST.534201 7. KOLLA NAGESWARA RAO, S/O. VENKATESWARA RAO, 60 YEARS, RIO. YENAMADURRU, VILLAGE, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT.534239 ...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 tomay be pleased to issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring that the inaction on the part of Respondent Authorities in preventing the illegal digging activity of 7th Respondent agricultural land converted into fish tank of Ac.2-60 cts in S.No.204 Yenamadurru (V), Bhimavaram (M), West Godavari (D) in hectic manner without there being any permissions brought to the notice vide compliant by Petitioner in PGRS vide Grievance No. WEG202603094858, Dt.09.03.2026 is as 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 Respondent Authorities to stop illegal digging activity of the 7th Respondent for fish tank in Ac.2-60 cts in S.No.204, Yenamadurru (V), Bhimavaram (M), West Godavari (D), pending disposal of the above Writ Petition and pass such IA NO: 1 OF 2026 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 directing the Respondent Authorities to stop illegal digging activity of the 7th Respondent for ifsh tank in Ac.2-60 cts in S.No.204, Yenamadurru (V), Bhimavaram (M), West Godavari (D), pending disposal of the above Writ Petition; and pass such 3 Counsel for the Petitioner: 1. K K DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FISHERIES The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.7239 of 2026 O R D E R: The present Writ Petition is filed questioning the action of Respondent No.7 in converting an extent of Ac.2.60 Cents as a fish tank, which was situated in Sy.No.204, Yenamadurru Village, Bhimavaram Mandal, West Godavari District, without taking any permissions, as illegal and arbitrary. 2. The Petitioner is an owner of an extent of Ac.4.25 Cents in L.P.No.195 (old Survey No.103-1, 104-3B-1, 95-2A-1, 95-3), which is situated at Yenamadurru Village, Bhimavaram Mandal, West Godavari District. Respondent No. 7 has an extent of Ac.2.60 Cents in Sy.No.204, which is located in the south direction of the Petitioner's land. 3. While so, Respondent No.7 started digging his land to convert it into a fish tank, without obtaining necessary permissions from the concerned authorities. It was submitted that the land of Respondent No.7 is situated middle of the 5 cultivable lands, and due to the release of saline water from the land of Respondent No.7, the neighboring agricultural lands are becoming unfit for agricultural activities. Hence, the present Writ Petition is filed. 4. Sri G. Naveen, Learned Assistant Government Pleader for fisheries on instructions passed on license given in favour of the Respondent No.7 vide Endorsement No.AQENFW WG019995, dated 11.09.2021, wherein it is mentioned that the Respondent No.7 is having license to operate fish pond from 11.05.2018 and the same is endorsed on 11.09.2021 by the A.P State Aquaculture Development Authority. 5. In the signed instructions passed on to this Court, it was also submitted that the Respondent No.7 is only taking up repair work to the existing fish tank and was maintaining a 3- meter distance with the Petitioner’s agricultural field, as prescribed. 6. In that view, as the principal grievance of the Petitioner is addressed, this Writ Petition is closed. There shall be no order 6 as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.03.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 83 WRIT PETITION NO:7239/2026 Dt. 18.03.2026 chs