Disposed

Boina Ramanjaneyulu v. State of Andhra Pradesh

Andhra Pradesh HC2 Feb 2022WP/11958/2021

Case brief

AI extract

What is this about?

This single-judge order disposed of a writ petition challenging non-protection of fishing tanks. The court allowed petitioners to dig tanks under provisional certificates but directed them to apply afresh for licenses under the Act before the petlye and responded to apply for endorsement.

What did the court decide?

Petitioners directed to apply afresh for license under the Act; authority to deal with such application expeditiously upon filing.

Boina Ramanjaneyulu Vs State of Andhra… — Environment and Pollution | Andhra Pradesh HC (2022)

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.11958 of 2021

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Order:

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This Writ Petition is filed to declare the action of the respondents in not providing protection to the existing tanks of the petitioners located in Survey Nos.404/1, 404/2 and 405/2, admeasuring an extent of Ac.7.21 cents, belonging to petitioners 1 to 3 and Survey Nos.403/A-1, 403/A-2, 402/A-1 and 402/1, admeasuring an extent of Ac.7.09 cents, belonging to the fourth petitioner, situated at Pedatummidi, Bantumilli mandal, Krishna district pursuant to provisional registration certificates granted on 31.05.2020 and 20.09.2020 as arbitrary and illegal.

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The case of the petitioners is that provisional permission was granted to them, pursuant to which they started digging of ponds; as per the A.P. State Aquaculture Development Authority Act, 2020 (Act 29 of 2020), the petitioners have to apply for licence and in accordance with the said new Act, petitioners have applied for endorsement by the Licensing Authority on 14.06.2021; as the petitioners wanted police protection to the existing tanks, they approached the official respondents; as the said police protection was not given to them and endorsement was not made on their licences, the present Writ Petition is filed.

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When the Writ Petition came up for admission on 05.07.2021, this Court passed an interim order directing the respondents to permit the petitioners to dig the tanks in accordance with the provisional registration certificate granted to them and if any third parties interfere with the said activity, it is open to the petitioners to take appropriate legal remedy which is available to them.

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Counter affidavit is filed by the fourth respondent stating, inter alia, that the provisional permission was granted to the petitioners and that the petitioners have not applied for final permission and that pursuant to Act 29 of 2020 they need to apply afresh seeking licence and that the petitioners have not made any application under the said Act.

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At this stage, learned counsel for the petitioners submits that the petitioners will file an application under the A.P. State Aquaculture Development Authority Act, 2020.

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In view of the facts and circumstances, it is open to the petitioners to file appropriate application under the A.P. State Aquaculture Development Authority Act, 2020 and if such an application is filed the appropriate authority is directed to deal with the same as expeditiously as possible and communicate the same to the petitioners herein.

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The Writ Petition is, accordingly, disposed of. There shall be no order as to costs.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

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_____________________________ KONGARA VIJAYA LAKSHMI, J

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Date:02.02.2022 Nsr

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HON’BLE SMT JUSTICE KONGARA VIJAYA LAKSHMI

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Writ Petition No.11958 of 2021

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Date:02.02.2022

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Nsr

Boina Ramanjaneyulu v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Boina Ramanjaneyulu v. State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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