Disposed

Inturi Chandra Mohan Rao, v. State of Andhra Pradesh

Andhra Pradesh HC2 Mar 2020WP/2701/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging an eviction order for aquaculture farms. Instead of merits, the Court directed the Fisheries Department to dispose of pending online Mee-seva applications within four weeks and prohibited demolition of fish tanks during that period, relying on a Supreme Court directive.

What did the court decide?

Direction to dispose Mee-seva applications within 4 weeks; interim stay on demolition of fish tanks.

Inturi Chandra Mohan Rao, Vs State of Andhra… — Service and Employment | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.2701 OF 2020

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ORDER :

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This writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:

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“to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 4^th respondent in passing orders in RC.No.536/A2/2014-7, dt.28-01-2020 against the petitioners’ aquaculture farms directing the petitioners to evict the aqua cultural farms within a period of seven days from the date of receipt of orders is illegal, arbitrary and violative of principles of natural justice and violative of G.O.Ms.No.15, dt26-05-2015 and G.O.Ms.No.7, dst.16-032013 of Animal Husbandry, Dairy Development and Fisheries Department and consequently set aside RC.No.536/A2/2014-7, dt.28-01-2020 issued by the 4^th respondent.”

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Though the petitioners made several allegations against the

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respondents, during hearing, learned counsel for petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the online Mee-seva application Nos.FRN011900016550 and FRN011900016551 submitted by the petitioners.

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Learned Assistant Government Pleader for Fisheries readily agreed to dispose of the applications of the petitioners, if any, pending with the Fisheries Department.

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In view of the submission of the learned Assistant Government Pleader for Fisheries, I need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in The Government of India v. P.Venkatesh¹ , wherein the Apex Court held that such orders may

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1 2019 (8) SCALE 544

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make for a quick or easy disposal of cases in overburdened adjudicatory institutions, but, they do no service to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of online Mee-seva application Nos.FRN011900016550 and FRN011900016551 submitted by the petitioners, I find no other alternative, except to issue such direction.

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In the result, the writ petition is disposed of, directing the respondents dispose of the online Mee-seva application Nos.FRN011900016550 and FRN011900016551 dt.07-11-2020 submitted by the petitioners, in accordance with law, within four (4) weeks from today. Till passing such order, the respondents are directed not to demolish the fish tanks. There shall be no order as to costs.

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The miscellaneous petitions pending, if any, shall also stand closed.

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__________________________________________ JUSTICE M. SATYANARAYANA MURTHY

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Date: 02-03-2020 Note: Furnish CC by 16-03-2020 B/o. IS

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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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WRIT PETITION NO.2701 OF 2020

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Date: 02-03-2020

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Note: Furnish CC by 16-03-2020 B/o.

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Inturi Chandra Mohan Rao, v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Inturi Chandra Mohan Rao, v. State of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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