Bolla Sitharamanjaneya Prasada Rao v. The Government of Andhra Pradesh, represented by its

Andhra Pradesh HC18 Dec 2023WP/1440/2009

Case brief

AI extract

What is this about?

The High Court closed a Writ Petition seeking regularization of fresh water fish tanks. Based on a submission that the respondents had issued a Certificate of Registration in favor of the petitioners on 29.07.2015, the Court held that the cause of action did not survive for further adjudication.

What did the court decide?

The writ petition was closed without costs due to registration of the applicants.

Bolla Sitharamanjaneya Prasada… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 1440 OF 2009

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Between:

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Bella Sitharamanjaneya Prasada Rao, S/o.Narasimha Rao Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Kanaka Durga Venkata Sivaji, S/o.Narasimha^{RaoCultivationR/o.Peda} Tummidi Bantumilli Mandal, Krishna District.

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Bolla Kanaka Venu, S/o.Narasimha Rao Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Nageswaramma, W/o.Narasimha Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Padma, W/o.Kanaka Durga Venkata Sivaji Household^{dutiesR/o.Peda} Tummidi Bantumilli Mandal, Krishna District.

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Bolla Nalinodbhavi, D/o.Sitharamanjaneya Prasada^Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Kusuma Devi, W/o.Kanaka Venu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Lakshmi, W/o.Sitharamanjaneya Prasada Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Agasthyamma, W/o.Ranga Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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10.Bolla Sakku Bayamma, W/o.Sri Ramulu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bolla Satyanarayana, S/o.Ramakrishna Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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12.Tata Savitri, W/o.Pomulu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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IS.Oruganti Narasimha Rao, S/o.Subbayya R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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14.Chilaka Battina Pitchamma, W/o.Manikyam Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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IS.Yarlagadda Potharaju, S/o.Venkataramaiah R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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...PETITIONERS

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AND

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The Government of Andhra Pradesh, represented by its. Special Chief Secretary, Animal Husbandry Dairy Development & Fisheries (F.ll) Department, Secretariat, Hyderabad.

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The Deputy Director, Fisheries Department, Government of Andhra Pradesh, Krishna District.

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3. .The District Collector, Krishna District at Machilipatnam.

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The District Level Committee and the District Collector, Krishna^Districtat Machilipatnam.

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The Revenue Divisional Officer, Bandar, Krishna^District. 6. The Tahsildar, Bantumilli Mandal, Krishna District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularizing the fresh water fish tanks owned by the petitioners herein in accordance with G.O.Ms.No.83 dated 12.09.2007 as amended by G.O.Ms.No.18 dated 26.03.2008 in terms of the applications submitted by the petitioners on 10.4.2008 and 28.4.2008 as arbitrary, illegal and contrary^{toG.O.Ms.No.83dated} 12.09.2007 as amended by G.O.Ms.No.18 dated 26.03.2008 as also the proceedings in Lr.No.1884/C/2007 dated 06.03.2009 as illegal and arbitrary and contrary to GOs and consequentially direct the Respondents to forthwith regularize the fish water tanks cultivated by the petitioners in the respective extents indicated in the applications therefor.

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(Prayer is amended as per Court order dt.14/7/11 in WPMP 18935/11)

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I.A. NO: 5 OF 2009fWPMP. NO: 9682 OF 2009)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 2"'^ Respondent to regularize the fish culture ponds of the Petitioners in S.Nos.742, 744, 745, 746, 123, 120/3, 121, 122, 125, 127, 319, 662, 693, 694, 695, 696, 697, 698, 699, 700, 705/1, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717, 718 and 743 to an extent of 112.12 cents in Peddatummidi Village, Bantumilli Mandal, Krishna District Keeping in view the proposals of the 6th Respondent in Rc.B/216/08 dated 12.03.2009 as also proceedings of the District Level Committee dated 30.08.2008.

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I.A. NO: 1 OF 2009fWPMP. NO: 1809 OF 2009)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere with the activities of the petitioners in regard to cultivation of fish water tanks in Peddatummidi village, Bantumilli Mandal, Krishna District.

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I.A. NO: 2 OF 2009fWVMP. NO: 2488 OF 2009)

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Between;

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The Government of Andhra Pradesh, represented by its, Special Chief Secretary, Animal Husbandry Dairy Development & Fisheries (F.ll) Department, Secretariat, Hyderabad.

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The Deputy Director, Fisheries Department, Government of Andhra Pradesh, Krishna District.

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The District Collector, Krishna District at Machilipatnam.

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The District Level Committee and the District Collector, Krishna^Districtat Machilipatnam.

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The Revenue Divisional Officer, Bandar, Krishna District. 6. The Tahsildar, Bantumilli Mandal, Krishna District.

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...PETITIONERS/RR 1 to 6 in WP

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AND

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Bella Sitharamanjaneya Prasada Rao, S/o.Narasimha Rao Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Kanaka Durga Venkata Sivaji, S/o.Narasimha Rao Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Kanaka Venu, S/o.Narasimha Rao Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Nageswaramma, W/o.Narasimha Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Padma, W/o.Kanaka Durga Venkata Sivaji Household^{dutiesR/o.Peda} Tummidi Bantumilli Mandal, Krishna District.

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Bella Nalinodbhavi, D/o.Sitharamanjaneya Prasada Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Kusuma Devi, W/o.Kanaka Venu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Lakshmi, W/o.Sitharamanjaneya Prasada Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Agasthyamma, W/o.Ranga Rao Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Sakku Bayamma, W/o.Sri Ramulu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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Bella Satyanarayana, S/o.Ramakrishna Cultivation R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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12.Tata Savitri, W/o.Pomulu Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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13.0ruganti Narasimha Rao, S/o.Subbayya R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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14.Chilaka Battina Pitchamma, W/o.Manikyam Household duties R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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IS.Yarlagadda Potharaju, S/o.Venkataramaiah R/o.Peda Tummidi Bantumilli Mandal, Krishna District.

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...RESPONDENTS/PETITIONERS

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt. 17-4-2009 passed in WPMP No. 9682/09 in WP No. 1440/09 and pass

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Counsel for the Petitioner: SRI A. VENKATARAMANA

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Counsel for the Respondent No.1: GP FOR ANIMAL HUSBANDARY

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Counsel for the Respondent No.2: GP FOR FISHERIES

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Counsel for the Respondent Nos.3 to 6: GP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No. 1440 of 2009

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ORDER:

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The present Writ Petition came to be filed under Article 226

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of the Constitution of India seeking the following^relief:-

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“...to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not regularizing the fresh water fish tanks owned by the petitioners herein in accordance with G.O.Ms.No.83 dated 12.09.2007 as amended by G.O.Ms.No.18 dated 26.03.2008 in terms of^the applications submitted by the petitioners on 10.4.2008 and 28.4.2008 as arbitrary, illegal and contrary to G.O.Ms.No.83 dated 12.09.2007 as amended by G.O.Ms.No.l8 dated 26.03.2008 and consequentially direct the Respondents to forthwith regularize the fish water tanks cultivated by the petitioners in the respective extents indicated in the applications therefor....”

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Heard the learned counsel for the petitioner and learned

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Government Pleader for Revenue.

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When the matter came up for admission on 30.01.2009,

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this Court passed the following interim order:

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“....According to the petitioners, they made representations^to the respondents on 10.04.2008 and 28.04.2008 for regularization offresh water fish tanks. In view of the same, the respondents are directed to consider the representations purported to have been made by the petitioners on 10.04.2008 and 28.04.2008 and pass appropriate orders, as per law, in terms of G.O.Ms.No.83, dated 12.09.2007 and G.O.Ms.No.l8, dated 26.03.2008 within a period of three weeks from the date of receipt of this order and communicate the same to the petitioners. ”

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At the time of hearing, learned Government Pleader for Revenue produced .a copy of written instructions vide Rc.A/367/2023, dated 16.12.2023 issued by the 6* respondentTahsildar, Bantumilli, wherein it is stated that the District Collector 86 Chairperson, District Level Committee, Krishna District has issued certificate of Registration of Existing Fresh Water Aquaculture farm in favour of the petitioners^hereinon 29.07.2015. Therefore, submits that the cause in the writ petition does not survive for further adjudication.

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Recording the above submission, the writ petition is^closed.

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There shall be no order as to costs.

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As a sequel, miscellaneous applications, pending, if any.

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shall also stand closed.

Sd/- A. VIJAYA BABU

ASSISTANT REGISTRAR

//TRUE COPY//

SEC TICTHJFFICE

To, 1. One CC to Sri A. Venkataramana, Advocate [OPUC] 2. Two CCs to GP for Animal Husbandary, High Court^{of AndhraPradesh[OUT]} 3. Two CC’s to GP for Fisheries, High Court of A.P.^{atAmaravati[OUT]} 4. Two CC’s to GP for Revenue, High Court of A.P. at^{Amaravati[OUT]} 5. Three CD Copies.

ssb

A-0

HIGH COURT

DATED:18/12/2023

ORDER

WP.No.1440 of 2009

(cxipicle^

CLOSING THE W.P. WITHOUT COSTS

Bolla Sitharamanjaneya Prasada Rao v. The Government of Andhra Pradesh, represented by its

Case brief

What is this about?

What did the court decide?

Bolla Sitharamanjaneya Prasada Rao v. The Government of Andhra Pradesh, represented by its

Case brief

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What did the court decide?

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