APHC010303072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15721/2026 Between: 1. PALANKI VENKATESWARA RAO, S/O SATYANARAYANA AGED ABOUT 64 YEARS, R/O D NO 6-5-7/1 JANG SAHEB STREET, NARSAPUR, NARSAPUR MANDAL WEST GODAVARI DISTRICT 534275 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY PRINCIPAL SECRETARY FOR THE DEPARTMENT OF FISHERIES SECRETARIAT AT SECRETARIAT VELAGAPUDI AMARAVATHI GUNTUR DISTRICT A P 522238 2. FISHERIES DEVELOPMENT OFFICER, NARSAPUR MANDAL NARSAPUR WEST GODAVARI DISTRICT 534275 3. OSURI DEVENDRA PHANIKAR, S/O LATE GANGADHARAM AGED 70 YEARS. LANDLORD , OSURI MANSION R/O PEECHUPALEM NARSAPUR W G DISTRICT 534275 ...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 / writs more particularly in the nature of writ of mandamus declaring the action of the 2nd respondent in serving impugned notice dated 15-02-2024 though whatsapp to petitioner cell phone on 16-06-2026 at about 1.15 PM and threatening to demolish the aqua 2 culture tanks within 48 hours is illegal, arbitrary, highhanded violation of principles of natural justice and cannot be justified in the eye of law and consequently direct the respondents not to take any action for demolition of aqua culture tanks in the land admeasuring Ac 6-14 cents in Sy No 88/5 in Peechupalem , Narasapuram Mandal West Godavari District in the interest of justice 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 direct the respondents not to take any coercive steps pursuant to the show cause notice dt 15-02-2024 served at 1.15 PM on 16- 06-2026 to the petitioner by suspending the impugned notice issued on 15- 02-2026 by 2nd respondent in the interest of justice and pass such Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. GP FOR FISHERIES The Court made the following: ORDER:- Heard Sri Ch.Srinivas, learned counsel for the petitioner and learned Government Pleader for Fisheries appearing for the respondent Nos.1 and 2. 2. The grievance of the petitioner is against the action of the 2nd respondent in serving impugned notice dated 15.02.2024 through WhatsApp to petitioner's mobile on 16.06.2026 at about 1:15 PM and threatening to demolish the aquaculture tanks on the ground that the petitioner has been doing unauthorized saltwater aquaculture without obtaining prior permission from the Coastal Aquaculture Authority. 3 3. Learned counsel for the petitioner contends that on 15.02.2024, a show cause notice was issued to stop the unauthorized aquaculture. To the said notice, the petitioner has submitted his reply/objections. The respondents did not pass any orders pursuant to the said notice. However, the same notice has been again sent through WhatsApp to the petitioner’s mobile on 16.06.2026. Challenging the said notice, the instant writ petition is filed. 4. Learned counsel for the petitioner contends that the respondents could have passed orders on the earlier show cause notice, however, at the behest of the unofficial respondent, who is the owner of the subject land, is causing obstructions every day in operating the aquaculture. Having regard to the same, the petitioner contends that the said action of the respondents must be curtailed. 5. When the matter has been taken up for consideration, the learned Government Pleader for Fisheries has placed before the Court a copy of instructions received by him in the case. A perusal of the same would reflect that the respondents have taken steps to stop the alleged illegal and unauthorized aquaculture, as the petitioner is doing the same without obtaining permission from the appropriate authority. It has been further stated that Fisheries Development Officer, Narasapuram, conducted field enquiries and the following lapses were found during the enquiry: 4 “1) The lessee is voluntarily continuing saltwater shrimp culture without obtaining license from the Coastal Aquaculture Authority, Chennai.” Thus, the Department has issued notice on 15.02.2024 to stop unauthorized saltwater shrimp culture. 7. Considered the submissions. 8. The Fisheries Department has conducted an enquiry before issuance of initial show cause notice dated 15.02.2024. The respondents having given notice to the petitioner, the further action of the respondents in issuing the very same notice through WhatsApp, without passing orders on the earlier notice, is unjustifiable. Accordingly, the notice dated 15.02.2024 issued through WhatsApp on 16.06.2026 is set aside. However, the respondents are at liberty to pass final orders on the show cause notice dated 15.02.2024. As the petitioner has already submitted his objections, if any enquiry is proposed, the respondents are directed to issue notice to the petitioner before any such enquiry is taken up. Before passing of final orders on the said notice, the respondents are directed to issue notice to the petitioner. 9. The writ petition is accordingly disposed of. The respondents are further directed not to take any coercive measures against the petitioner nor interfere with the possession of the aqua culture tanks, till passing of the final orders, pursuant to the notice dated 15.02.2024. 5 10. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 23.06.2026 ANI 6 158 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:15721 of 2026 Dated: 23.06.2026 ANI