Single judge order in Writ Petition challenging demolition of aqua tanks. Court noted petitioner’s license and lack of respondent details on interference. Directed respondents not to interfere unless lawful. Petition disposed of.
Respondents directed not to interfere with petitioner's tanks except in accordance with law. Writ Petition disposed of.
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.2134 of 2021
Order:
This Writ Petition is filed to declare the action of the respondents in taking steps to demolish the existing tanks of the petitioner in an extent of Ac.1.99 cents in Survey No.216 and Ac.1.49 cents in Survey No.217/1 of Edarada village, Mamidikuduru Mandal, East Godavari district, as illegal and arbitrary.
The case of the petitioner is that he is the owner of the subject lands and he converted the same into aqua tanks after obtaining necessary permission vide certificate No.AP04 36930621, dated 04.01.2017, pursuant to G.O.Ms.No.7, dated 16.03.2013 as amended in G.O.Ms.No.15, dated 26.05.2015; while so, the respondents 4 to 6, without issuing any notice, are directing the petitioner to stop the operations in the tanks. Hence, the Writ Petition.
Copy of permission which is granted to the petitioner dated 04.01.2017 is filed along with the Writ Petition. When the learned Assistant Government Pleader was specifically asked as to whether the subject document is a final registration or provisional permission, he categorically submitted that the said document is a final registration and if the same is a provisional registration it will be mentioned on the said document.
When the Writ Petition came up for admission on 29.01.2021, this Court passed the following interim order.
“In the meanwhile, as the petitioner apprehends danger to the fish tanks established by the petitioner in Ac.1.99 cents in Sy.No.216 and Ac.1.49 cents in Sy.No.217/1 of Edara village of Mamidikuduru Mandal, East Godavari
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district by the respondents, it is also directed that there were no coercive steps taken against these fish tanks for a period of one week.”
The said interim order was extended until further orders on 18.06.2021 and the matter underwent nine adjournments and the last of such adjournment was on 12.07.2021. Today, when the matter is listed, learned Assistant Government Pleader has passed on the status report submitted by the Assistant Director of Fisheries, Razole, which reads as follows.
“It is submitted that, the Hon’ble High Court of Andhra Pradesh, Amaravathi interim order in the W.P.No.2134 of 2021 had been implemented. The Chairman, District Level Committee, Fresh Water Aqua Culture, East Godavari District had granted licence to the petitioner vide licence No.EA011600021984 dated 04.01.2017.”
The said status report does not say as to why the respondents are interfering with the petitioner’s tanks. It only says that licence was granted in the year 2017. When specific allegations are made against the respondents, the respondents ought to have given detailed instructions with regard to their interference, but without doing so, the above paragraph has been sent as a status report to the learned Assistant Government Pleader. When this Court asked the learned Assistant Government Pleader to pass on the remarks which he received, he passed on the said status report dated 13.07.2021 given by the Assistant Director of Fisheries, Razole, which is placed on record.
However, learned Assistant Government Pleader orally submits that the respondents are not interfering with the petitioner’s subject tanks.
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In view of the facts and circumstances of the case, the respondents are directed not to interfere with the petitioner’s tanks except in accordance with law.
The Writ Petition is, accordingly, disposed of. There shall be no order
as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
_____________________________ KONGARA VIJAYA LAKSHMI, J
Date:16.07.2021 Nsr
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.2134 of 2021
Date: 16.07.2021
Nsr
1 issue framed by the court
Whether the respondents' interference with the petitioner's aqua tanks is illegal and arbitrary.
Petitioner (Owner of aqua tanks)
Respondents 1-P6
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
