APHC010302042023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15472/2023 Between: 1. SRI BOLLINA RAMA KRISHNA, S/O LATE RAMA MURTHY, AGED ABOUT 62 YEARS, HINDU, R/O D.NO. 2-51/1, JAGANANADHAPURAM, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT-534145 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIATE, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND WATER RESOURCES, SECRATERIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 4. THE TAHSILDAR, TADEPALLIGUDEM MANDAL, WEST 2 GODAVARI DISTRICT. 5. THE DISTRICT FISHERIES OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT. 6. THE ASSISTANT INSPECTOR OF FISHERIES, TANUKU, WEST GODAVARI DISTRICT. 7. THE VILLAGE REVENUE OFFICER, JAGANNADHAPURAM VILLAGE, TADCPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT. 8. ULLURI SATISH, S/O VENKATA RAO, AGED ABOUT 42 YEARS, HINDU, R/O JAGANNADHAPURAM VILLAGE, TADEPALLIGUDEM 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 direction, an order, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent issued notice vide RC No. 830/2023/B dt.31.05.2023 and 6th respondent issued notice vide Notice No. 4/A/2022-23 dated 20-10-2022 is illegal, arbitrary and against the principals of natural Justice and set a side the same and consequently direct the respondents to regularize the petitioner's existing fish pond in Sy No's. 440/1 situated at Jagannadhapuram Village, Tadepalligudem Mandal, West Godavari District, 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 respondents not to take any coercive steps against the petitioner basing on the notice vide RC No. 830/2023/B dt.31.05.2023 3 issued by the 4th respondent in the petitioners' existing fish pond in Sy No's. 440/1 situated at Jagannadhapuram Village, Tadepalligudem Mandal, West Godavari District„ pending disposal of the above writ petition and pass IA NO: 1 OF 2024 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 grant leave to the petitioner herein/Respondent No.6 in the Writ Petition No. 15472 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.15472 OF 2023 O R D E R: The present Writ Petition is filed questioning the notice issued by Respondent No.4 vide Rc.No.830/2023/B, dated 31.05.2023, and the similar notice issued by Respondent No.6 vide Notice No.4/A/2022-23, dated 20.10.2022, directing the Petitioner to stop prawn culture in the fish pond and to remove the fish pond as illegal and arbitrary. 2. The facts in brief are as follows: - The Petitioner is an owner of an extent of Ac.4.11 Cents in Sy.No.440/1 situated at Jagannadhapuram Village of Tadepalligudem Mandal, West Godavari District. It is submitted that the Petitioner made an application for regularization of the fish pond in the aforesaid land with requisite fee on 04.06.2013, and no orders were said to have been passed thereon. While so, a complaint was made against the Petitioner in Spandana on 26.09.2022 before the District Collector regarding illegal fish/prawn cultivation in fish pond being undertaken by the Petitioner. 5 3. A notice was issued vide Notice No.4/A/2022-23 on 20.10.2022 by the Respondent No.6 stating that the application filed by the Petitioner for permission to cultivate fish/prawn in the above mentioned land was rejected, as the Petitioner’s land does not have a sewage channel. Inspite of the rejection of the permission, the Petitioner was continuing fish/prawn cultivation in fish pond. Later, the impugned notice vide Rc.No.830/2023/B was issued on 31.05.2023 by the Respondent No.4 to stop prawn/fish cultivation in the fish pond forthwith. Hence, the present Writ Petition is filed. 4. In the counter affidavit filed by Respondent No.6, it is submitted that the Petitioner’s aqua tank is located in the non- aqua zone category, and revenue and fisheries officials i.e., Assistant Inspector of Fisheries and Village Revenue Officer, Jagannadhapuram Village visited the pond of the Petitioner and found that the Petitioner's tank did not have any permission to carry out aquaculture, nor does the Petitioner’s aqua tank have any drainage facility to discharge wastewater as per norms prescribed in G.O.Ms.No.07, Animal Husbandry, Dairy Development And Fisheries (Fish.II) Department, dated 6 16.03.2013. 5. It was further submitted that a complaint was filed by the villagers of Jagannadhapuram Village with regard to the Petitioner’s aquaculture activities, and hence a show-cause notice was issued to the Petitioner on 20.10.2022, intimating the Petitioner that his application for permission to cultivate fish/prawn in his fish pond was rejected. 6. It was further submitted that Petitioner’s application for conversion of the aqua tank and to undertake aquaculture activities was rejected several times. It is also further submitted that Mandal Revenue Officer had rejected the application of the Petitioner, as the land is located in non-aqua zone and ground water is not sufficient for neighboring farmers, and the same was intimated to the Petitioner through Letter No.SPANDANA- WEG202211283522, dated 08.12.2022. 7. It was further submitted that the Petitioner was unauthorizedly cultivating fish/prawn in fish pond and was discharging waste water into irrigation canals and was polluting them. 7 8. Learned counsel for the Petitioner submits that the Petitioner has been undertaking cultivation of fish/prawn in the scheduled land since 2006 and the impugned notice at this length of time cannot be sustained. 9. Learned Assistant Government Pleader submits that, in- spite of repeated rejection of permission for the Petitioner to conduct aquaculture and objections raised by the local villagers, Petitioner was continuing aquaculture activities and the land in question is situated at the place where there is scarcity of water for the neighboring farmers to undertake cultivation. Learned Assistant Government Pleader further contended that the waste water related to the fish pond of the Petitioner is let out into the irrigation channels, and the same is polluting the irrigation channels, affecting the proper outcome of the agricultural lands. 10. Heard the respective counsel. 11. The impugned notice vide Rc.No.830/2023/B, dated 31.05.2023, was issued directing the Petitioner to stop cultivation of fish/prawn forthwith, as the Petitioner does not 8 have any permission to undertake aquaculture activities in the said land till date. In the absence of any permission from the concerned authorities under Andhra Pradesh State Aquaculture Development Authority, the Petitioner does not have any locus to question the impugned notice. 12. Therefore, this Court does not find any merit in the Writ Petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 26.02.2026 chs 9 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 38 WRIT PETITION NO:15472/2023 Dt. 26.02.2026 chs