This judgment of Justice Kongara Vijaya Lakshmi disposed of a Writ Petition on agricultural land without giving substantive orders. The court relied on departmental instructions confirming non-interference and left the matter noting that deviations from permissions are actionable.
No specific relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No.5793 of 2019
ORDER :
This Writ Petition is filed to declare the action of the Respondent Nos.3 and 4 in interfering with the possession and enjoyment of the petitioners aqua culture farm in an extent of Ac.9.26 cents in Sy.Nos.15, 16 and 17 of the Lellapudi Village, Mandavalli, Krishna District as illegal and arbitrary.
The case of the petitioners is that the provisional registration of aqua culture farm with regard to the subject land was granted to the petitioners on 12.06.2017; thereafter, when the petitioners starting digging of aqua culture farms in March 2019, the officials of Respondent Nos.3 and 4 inspected the subject site and stopped the work. Questioning, their action the present Writ Petition is filed.
When the Writ Petition came up for admission on 30.04.2019 the following interim order is passed.
“ The Writ Petition is filed to declare the action of the respondents 3 and 4 in interfering with the peaceful possession and enjoyment of the property of the petitioners including digging of the aqua culture farm in an extent of Ac.9.26 cents in Sy.Nos15,16 and 17 of Lellapudi Village, Mandavalli, Krishna District, as per the provisional registration No.PRF011700020410 issued by the 2nd respondent as illegal and arbitrary.
When the matter is taken up for hearing, learned Government Pleader for Fisheries on the written instructions of the Assistant
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Director of Fisheries, Kaikaluru, dated 25.04.2019, wherein it is stated that the official respondents did not interfere with the possession and enjoyment of the property of the petitioners including digging of aqua culture pond.
In the circumstances, if there are valid permissions in favour of the petitioners herein as on today, the respondents shall not interfere with the fish/prawn culture of the petitioners herein, except in accordance with law. It is made clear that if there are any deviations from the permissions, the respondents are entitled to take action in accordance with law”.
The learned Government Pleader for Fisheries has passed on the copy of the written instructions issued by the Assistant Director of Fisheries, Kaikaluru, Krishna District to the Government Pleader for Fisheries, through the letter dated 25.04.2019, wherein it is stated that the official respondents did not interfere with the possession and enjoyment of the property of the petitioners including digging of aqua culture pond.
In view of the facts and circumstances, as the respondents have categorically stated in their written instructions that official respondents are never interfering with the activity of the petitioners, no orders are necessary in this Writ Petition. However, it is made clear that if the petitioners are digging the fish ponds or operating the same, in deviation of the permission that is granted to them, it is open to the respondents to take action in accordance with law, after giving notice and opportunity to the petitioners herein.
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With the above direction, the Writ Petition is disposed
of. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
__ ________________________________ KONGARA VIJAYA LAKSHMI, J
Date: 22.12.2021 TM
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THE HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION NO.5793 OF 2019
Date: 22.12.2021
Tm
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Petitioners
Respondent Nos. 3 and 4
Kongara Vijaya Lakshmi
As recorded by the court registry
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