Petitioner questioned inaction of respondents regarding alleged illegal shrimp hatchery of 7th respondent. Court dismissed petition after official respondents countered that approvals were obtained.
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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.39597 of 2014
ORDER :
This writ petition is filed questioning the inaction of respondents 2, 5 and 6 in considering the representation dated 27.09.2014 submitted by the petitioner with regard to hatchery business being conducted by the 7th respondent in Sy.No.113/1B in an extent of Ac.7.32 cents of Danavaipeta village, Thondangi Mandal, East Godavari District, as illegal and arbitrary.
Notice could not be served on the 7th respondent.
Case of the petitioner is that, petitioner established hatchery at D.No.4-7, Danavaipeta Gram Panchayat, after obtaining all necessary permissions; the 7th respondent also established a new shrimp hatchery under the name and style of ‘M/s Sai Vasistha Hatcheries’ on the northern side of the petitioner’s hatchery, without obtaining any necessary approvals from respondents 1, 2, 5 and 6; even though the petitioner brought to the notice of the official respondents about the unauthorised establishment of the 7th respondent, no action has been initiated by the official respondents. Hence, the writ petition.
Counter-affidavit is filed by respondents 1 and 5 stating inter-alia that the representation of the petitioner dated 27.09.2014 addressed to respondents 2 to 6 was got enquired into by inspecting and verifying the records of the 7th respondent and the Fisheries Development Officer, who is the field officer pertaining to that area, submitted a report dated 06.12.2014 stating that the allegations in the representation are not correct; the Assistant Director of Fisheries, Kakinada has also submitted a report stating that the contents of the representation dated 27.09.2014 of the petitioner are not correct; the 7th respondent has applied to the Marine Products Export Development Authority for the registration of shrimp
production as well as to the Coastal Aquaculture Authority for cultivation of L.Vennamei seed production and that the Costal Aquaculture Authority has approved the 7th respondent hatchery vide proceedings dated 01.01.2015 to import brood stock and produce L.Vennamei seed as per the guide lines and that the 7th respondent has not violated any provisions of the Coastal Aquaculture Authority Act and Rules, 2005.
No reply affidavit is filed by the petitioner disputing the counteraffidavit of the official respondents.
In view of the categorical statement made by the official respondents in the counter-affidavit, no further orders are necessary in this writ petition.
The writ petition is, accordingly, closed. No order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
__________________________ KONGARA VIJAYA LAKSHMI, J
Date: 20.12.2021 BSS
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
Writ Petition No.39597 of 2014
20
Date: 20.12.2021
BSS
Petitioner (Hatchery Owner)
Respondents 2, 5 and 6 (Official Respondents)
7th Respondent (M/s Sai Vasistha Hatcheries)
KONGARA VIJAYA LAKSHMI
As recorded by the court registry
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