Disposed

Moturi Nageswara Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC14 Jul 2021WP/6615/2018

Case brief

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What is this about?

The High Court directed revenue authorities to enquire into and take strict action against persons undertaking illegal or unauthorised fish and prawn culture by digging bore wells in agricultural lands without final permission, ensuring an opportunity is provided to all concerned parties.

What did the court decide?

Direction to respondents 2 to 5 to enquire into the matter and take appropriate action against persons undertaking illegal/unauthorised fish/prawn culture by digging bore wells without final permissio

Moturi Nageswara Rao, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2021)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI Writ Petition No.6615 of 2018

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ORDER :-

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This Writ Petition is filed to declare the endorsement dated 26.6.2017 of the Tahsildar, Uppalaguptam, as illegal and arbitrary and to direct the respondents 1 to 5 to prevent the unauthorized and illegal fish/prawn culture being undertaken in the lands situated in R.S.No.481/1, 480, 481, 481/3 of Uppalaguptam village, to close the unauthorized fish/prawn farms and to restrain the unofficial respondents No.6 to 8 from taking up drilling of the bore wells and formation of fish/prawn ponds. 2. The case of the petitioners is that they are having small extent of agricultural lands in Uppalaguptam village and the unofficial respondents 6 to 8 started prawn culture by digging bore wells in the subject lands; complaining about the same, the petitioners filed representation dated 31.5.2017 before the District Collector and other officials; the Tahsildar, Uppalaguptam gave an endorsement, dated 26.6.2017, stating that the owners of lands in Survey Nos.480 and 481 have obtained permission for construction of the ponds and to drill the same and that the said ponds are situated at a distance of 40 meters from the land of the petitioners; but, a copy of the said permission was not given to the petitioners; the 1^st petitioner submitted another representation before the Tahsildar on 26.6.2017 stating that the bore wells were dug

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in the lands and that the agricultural fields will be affected up to a distance of 150 to 200 meters and that no permission was granted to the owners for the said survey numbers. As no action has been taken, the present writ petition is filed.

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Counter affidavit is filed by the

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Tahsildar/5^th respondent stating inter alia that Survey Nos.487, 487/1, 487/2, 488/1, 488/2A, 488/2B, 488/3A, 489/1, 489/1A and 489/1C are nearby the R.S.Nos.480 and 481 of Uppalaguptam Village and Mandal and the land owners of those survey numbers were given provisional permission vide proceedings dated 25.3.2016 and that the distance between those lands and lands in RS Nos.480 and 481 is nearly 40 meters. According to G.O.Ms.No.7 (Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department) dated 16.3.2013, the minimum distance that is required is 3 meters between the fresh water culture farms and the neighbouring agricultural lands. Hence, the endorsement, dated 26.6.2017 was issued to the petitioners. After the writ petition is filed, the matter was enquired into with the assistance of Fisheries Development Officer and Mandal Revenue Inspector and it revealed that the following persons are digging tanks and cultivating fish/prawn culture by unauthorisedly digging bore wells in their fields in Uppalaguptam Village.

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R.S.No.	Exte nt Ac- Cts	Name of the Person cultivating Fish/Prawn culture	Permission details
1	2	3	4
487/7	2.87	Smt.Akula Veera Veni W/o Satyanarayana	By obtaining New Form (Provisional) License DLC Resolution Dt.25.3.2016 and recently dug bore well and cultivating Fish/Prawn Culture
487/1,2, 2,487/2	2.84	1. Akula Surya Venkata Satyanarayana S/o Ranga Rao	By obtaining New Form
		2. Akula Rama Chandra Rao S/o Ranga Rao	(Provisional) License DLC Resolution
		3. Akula Venkata Lakshmi W/o Brahmeswara Rao	Dt.25.3.2016 and recently
		4. Smt. Akula Satyanarayana W/o Satyanarayana	dug bore well and cultivating Fish/Prawn Culture
488/2A 488/2B,	2.98	1. Akula Narsimha Murthy S/o Ranga Rao	By obtaining New Form
488/2B,		2. Akula Rama Krishna	(Provisional)
488/3A,		S/oNarsimha Murthy	License DLC
489/1A		3. Akula Satyanarayana S/o Narasimha Murthy	Resolution Dt.25.3.2016 and recently dug bore well and cultivating Fish/Prawn Culture
489/1, 1, 1,1C	3.00	1. Akula Venkata Narayana	By obtaining

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		S/o Sivarama Murthy	New Form
		2. Akula Satyanarayana, S/o Sivarama Murthy	(Provisional) License DLC
		3. Smt. Ganisetti Venkata Lakshmi W/o Veera Swamy	Resolution Dt.25.3.2016 and recently dug bore well and cultivating Fish/Prawn Culture
481	Part	Moturi Bhaskara Rao S/o Jaya Prabhakara Rao, Uppalaguptam (V) and (M)	Not obtained any permission and recently dug bore well and cultivating Fish/Prawn Culture

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The permission, which was granted to the said persons is to cultivate acqua culture with fresh water only and not to cultivate fish/prawn culture by digging bore wells. Therefore, a notice dated 09.3.2018 has been issued to all the cultivators to stop fish/prawn culture basing on the provisional certificates and the measures have been taken not to dig the bore wells in the subject survey numbers.

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Heard the learned counsel for the petitioners, learned Assistant Government Pleaders for Revenue and Fisheries.

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Mr.S.Chakrapani, learned counsel filed his vakalat on behalf of respondents 6 to 8.

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As seen from the counter affidavit, it shows that notice was issued to the persons, who are cultivating fish/prawn culture in Survey Nos.480, 481/1, 481 and 481/3 of Uppalaguptam Village and Mandal. As seen from the said

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notice, dated 09.3.2018, issued by the Tahsildar, there is no final registration to the persons who are cultivating fish/prawn culture in the said survey numbers and they have ununthorisedly dug the bore wells in violation of Andhra Pradesh Water, Land and Trees Act, 2002 and the said notice requires the persons mentioned in the notice to stop the fish/prawn culture.

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Learned Assistant Government Pleader does not have the latest information as to what has happened subsequent to the issuance of the said notice.

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In view of the facts and circumstances, respondents 2 to 5 are directed to enquire into the matter and take appropriate action strictly in accordance with law against the persons who are undertaking illegal/unauthorised fish/prawn culture in the subject lands without obtaining the final permission by digging bore wells, as expeditiously as possible, after giving notice and opportunity to both the petitioners, unofficial respondents and to all the persons who are concerned with the issue.

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With the above observation, the present writ petition is disposed of. There shall be no order as to costs.

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As a sequel, miscellaneous petitions, if any, pending in this case shall stand closed.

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________________________________ KONGARA VIJAYA LAKSHMI, J

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Date: 14.07.2021 GR

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Moturi Nageswara Rao, v. The State of Andhra Pradesh

Case brief

What is this about?

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Moturi Nageswara Rao, v. The State of Andhra Pradesh

Case brief

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