APHC010270232023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13887/2023 Between: 1. KOTTU SUBHADRA, W/O. YEDUKONDALU, AGED 65 YEARS, OCC. AGRICULTURE, R/O. PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 2. PULAPARTHI LEELA NAGESWARA RAO,, S/O. VENKATA SUBBARAO, AGED 40 YEARS, OCC. AGRICULTURE, R/O. D.NO. 2-196, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 3. KOTTU NAGARAJU,, S/O. LAKSHMANA SWAMY, AGED 56 YEARS, OCC. AGRICULTURE, R/O. PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 4. PULAPARTHI RAMBABU,, S/O. VENKATESWARA RAO, AGED 41 YEARS, OCC. AGRICULTURE, R/O. D.NO. 2- 171, NEAR KANAKA DURGAMMA TEMPLE, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 5. PULAPARTHI ADINARAYANA,, S/O. NARAYANA, AGED 48 YEARS, OCC. AGRICULTURE, R/O. PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI 2 DISTRICT. 6. KOTTU YEDUKONDALU,, S/O. SURYA RAO, AGED 50 YEARS, OCC. AGRICULTURE, R/O. D.NO. 2-135, NEAR UP SCHOOL, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FISHERIES, DAIRY DEVELOPMENT AND ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR DEPARTMENT OF FISHERIES, GOVERNMENT OF ANDHRA PRADESH AT BANDARU ROAD, PORANKI, VIJAYAWADA. 3. THE DISTRICT LEVEL COMMITTEE FOR REGISTRATION OF AQUACULTURE, WEST GODAVARI DISTRICT, BHIMAVARAM. REP. BY ITS CHAIRMAN- CUM- DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE SUBCOLLECTOR, NARASAPURAM, WEST GODAVARI DISTRICT. 5. THE JOINT DIRECTOR OF FISHERIES, AND MEMBER CONVENER, DISTRICT LEVEL COMMITTEE, WEST GODAVARI DISTRICT, BHIMAVARAM. 6. THE DISTRICT FISHERIES OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. 7. THE MANDAL LEVEL COMMITTEE, FRESH WATER AQUACULTURE, NARASAPURAM MANDAL, REP.BY 3 ITS CHAIRMAN-CUM-TAHSILDAR, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 8. THE FISHERIES DEVELOPMENT OFFICER, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 9. THE JOINT DIRECTOR, AGRICULTURE DEPARTMENT, WEST GODAVARI DISTRICT, BHIMAVARAM. 10. MANDAL AGRICULTURAL OFFICER, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 11. SUPERINTENDENT ENGINEER, JALAVANARULU, IRRIGATION DEPARTMENT, WEST GODAVARI DISTRICT, ELURU. 12. EXECUTIVE ENGINEER, WEST DIVISION, GODAVARI, IRRIGATION DEPARTMENT, SETTIPETA, NIDADAVOLE TOWN, WEST GODAVARI DISTRICT. 13. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION, NARASAPUR, WEST GODAVARI DISTRICT. 14. THE DEPUTY EXECUTIVE ENGINEER, DRAINS, PALAKOL, WEST GODAVARI DISTRICT. 15. THE STATION HOUSE OFFICER, MOGALTHURU POLICE STATION, WEST GODAVARI DISTRICT. 16. THE PASALADEEVI GRAM PANCHAYAT, REP. BY ITS SECRETARY, PASALADEEVI VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 17. KANDULAPATI MUTYALARAO, S/O. MANIKYALA RAO, AGED 70 YEARS, OCC. CONTRACTOR, R/O. KANDULAPATI VARI MERAKA, K.P. PALEM NORTH VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 4 18. KANDULAPATI YEDUKONDALU, S/O. GANAPATHI, AGED 55 YEARS, OCC. AGRICULTURE, R/O. KANDULAPATI VARI MERAKA, K.P. PALEM NORTH VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 19. KANDULAPATI VEERANJANEYULU, S/O. RAMARAO, AGED 45 YEARS, OCC. CONTRACTOR, R/O. D.NO. 1- 85/3, KANDULAPATI VARI MERAKA, K.P. PALEM NORTH VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 20. KANDULAPATI VENKATA SUBBARAO, S/O. VENKATESWARA RAO, AGED 56 YEARS, OCC. AGRICULTURE, R/O. K.P. PALEM SOUTH VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 21. LAKKU MANDULAYYA, S/O. PULLAIAH, AGED 50 YEARS, OCC. AGRICULTURE, R/O. KOTHAKAYALATIPPA, MOGALTHURU PANCHAYAT AND MANDAL, WEST GODAVARI DISTRICT. 22. LAKKU SATYANARAYANA, S/O. PULLAIAH, AGED 65 YEARS, OCC. AGRICULTURE, R/O. KOTHAKAYALATIPPA, MOGALTHURU PANCHAYAT AND MANDAL, WEST GODAVARI DISTRICT. 23. TANUKULA YESUBABU, S/O. RAGHAVULU, AGED 52 YEARS, OCC. AGRICULTURE, R/O. ARUMARLU CENTER, KALIPATNAM EAST VILLAGE, MOGALTHURU 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, or Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents in 5 preventing the digging and forming fish/prawn tanks in nearly to an extent of Ac. 70.00 cents in Sy. Nos.550, 555, 556, 561, 562, 563, 564, 565, 566 and 573 and sub-divisions situated at Pasaladeevi Village, Lingaboinacherla Revenue Village, Narasapuram Mandal, West Godavari District and Which is illegal, arbitrary and violative of G.O.Ms. No. 7, Animal Husbandry, Dairy Development and Fisheries (Fish-II) Dept., dated 16-03-2013 and the Andhra Pradesh State Aquaculture Development Authority Act, 2020 (Act 29 of 2020) and Rules and Art.14,21 of the Constitution of India and consequently direct the Respondents to stop the digging and other aquaculture activities of the Respondents Nos. 17 to 23 to take steps to see that these lands remain agricultural lands for growing crops only while restoring the damaged lands to original status 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 direct the official respondents to stop all activities connected to aqua culture including digging of the fish/prawn tanks nearly to an extent of Ac. 70.00 cents in Sy. Nos.550, 555, 556, 561, 562, 563, 564, 565, 566 and 573 and sub-divisions situated at Pasaladeevi Village, Lingaboinacherla Revenue Village, Narasapuram Mandal, West Godavari District in the interest of justice pending disposal of the 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 20.06.2023 in I.A.No.1/2023 in W.P.No.13887 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner(S): 6 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 4. DASARI S V V S V PRASAD 5. GP FOR FISHERIES 6. GP FOR AGRICULTURE 7. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 7 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.13887 OF 2023 O R D E R: The present Writ Petition is filed questioning the action of the Respondents for preventing digging, forming fish/prawn tanks to an extent of Ac.70.00 Cents in Sy.Nos. 550, 555, 556, 561, 562, 563, 564, 565, 566, and 573 and sub-divisions situated at Pasaladeevi Village, Lingaboinacherla Revenue Village, Narasapuram Mandal, West Godavari District, as illegal and arbitrary. 2. In the counter affidavit filed by Respondent Nos.17, 19, 21 and 23, it was submitted that the irrigation canals, which were constructed during the period of British India in Mogalthuru & Narasapuram Mandals are not functioning properly, are not being maintained with proper repairs, and there is no monitoring on them. Hence, paddy crops are getting damaged due to the inundation of canals. It was further submitted that neighboring agricultural farmers converted their lands into freshwater aquaculture farms, and they too intended to convert their lands into aquaculture farms, but as of now 8 they did not convert any of their agricultural lands into aquaculture farms. The relevant portion (Paragraph Nos.7, 9) of submissions made in the counter affidavit is extracted below:- “7. I humbly submit that we are not digging any fish/prawn tanks as mentioned by the petitioner. But in the Mogalthuru & Narasapuram Mandals because of the tail end of the irrigation channels which were constructed during the period of British India that to by the Sir Arthur Cotton the entire delta system not functioned properly and not maintaining proper repairs either to the irrigation channels and drainage canals. They are filled with mud and weed. There is no de- weeding or de-silting of the irrigation canals and drainage canals situated in the Godavari Delta. Hence, paddy crops are being damaged due to inundation of canals. Hence, we are not getting any income from the agriculture fields. Then neighbouring agriculture farmers converted their lands into fresh water Acqua Culture then we are also intended to convert our lands into acqua culture farms. For that we have to submit appropriate applications before the competent authority after conversion of the aqua zones. But as of now we are not converted any agriculture lands into aqua culture farms.” “9. I humbly submit that after passing the above order also the competent authority distributed pamphlets and also mike announcements any agriculture lands into aqua culture farms. Hence, we have not converted any of our agriculture lands in aqua culture farms. If we want to convert our agriculture lands into aqua culture farms we will follow procedure contemplated under law for obtaining permissions from the competent authority.” 3. In view of the specific stand taken by the Respondent Nos.17, 19, 21 and 23, no further orders are required to be passed. Hence, the Writ Petition is closed. There shall be no order as to costs. 9 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 06.02.2026 chs 10 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 99 WRIT PETITION NO:13887/2023 Dt. 06.02.2026 chs