Three interconnected writ petitions concerning fish tank bunds allegedly violating government order guidelines, damaging neighbouring agricultural land through seepage. The court disposed of all three petitions by directing the Tahsildar to conduct a survey of the lands in question within eight weeks in the presence of all parties.
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.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAW (Special Original Jurisdiction) I
FRIDAY, THE TWENTY THIRD DAY OF FEBRUARY ^ TWO THOUSAND AND TWENTY FOUR ^
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION Nos: 4437 of 2019, 249 and 2677 of 2022
WRIT PETITION No: 4437 of 2019
Between;
Reddy Lakshmanarao, S/o Sanyasayya, aged about 54 Years,R/o 1- 119 Alluru, Mudinepalli Mandal, Krishna District, Adhar No. 671041423583. ...Petitioner
AND
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 a Writ, order or direction more particularlyoneinthenature of Writ of Mandamus declaring the action of the official respondents in not consider t^e representation dated 11.06.2018 of the petitioner in light of G.O.Ms No. 7 dated 16.3.2013 and G.O.Ms.No.15 dated 26.05.2015 are illegal, arbitrary and contrary to law and further direct the official respondents 1 to 6 consider the above Representationdated11.06.2018of the petitioner in light of G.O. Ms.No. 7 dated 26.03.2013andG.O.Ms.No.15 dated 26.05.2015 within two weeks.
lA NO: 1 OF 2019
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 direct the all the official respondents 1 to 6 to consider the Representation dated 11.06.2018 of the petitioner within two weeks by considering the guidelines issued in the G.O.Ms.No.7dated16.03.2013and G.O.Ms.No. 15 dated 26.5.2015.
Counsel for the Petitioner: SRI T V V KOTESWARA RAO
Counsel for the Respondents 1, 5 & 6: GP FOR ANIMALHUSBANDARY Counsel for the Respondents 2 to 4: GP FOR REVENUE
Counsel for the Respondents^ to lOiSRIK.J.V.N.PUNDAREEKAKSHUDU
'i
WRIT PETITION NO: 249 OF 2022
Between:
R Lakshmanarao, S/o Sanyasayya, aged about 55 Years, R/o 1-119, Alluru, Mudinepalli Mandal, Krishna District, AdharNo.671041423583.
...Petitioner
AND
...Respondents
RR 5 to 7 are impleaded in Writ petition and affidavit as per the C.O. dated 23.02.2024 vide orders passed in IA.No.02 of2022.
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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 not considering the Representation dated 16.12.2019 of the petitioner to the 2'""' respondent and not taking further action on the urgent notice No.FISHFWAONFT(Mis)/1/2019-ID-FISHERIES dated 15.5.2019 issued by the 4 th respondent are illegal, arbitrary, contrary to law and violation of provisions of
constitution of India and further direct the all the respondents to take further action on the urgent notice No.FISH-FWAONFT(Mis)/1/2019-ID-FISHERIES dated 15.5.2019 issued by the 4 th respondent by considering the representation dated 16.12.2019 of the petitioner in Spandana-Monday within two weeks. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider the representation of the petitioner dated 16.2.2019 within two weeks.
lA NO: 3 OF 2022
Between:
...Petitioner
AND
...Respondent/Petitioner
...Respondents/Respondents
(Respondents 2 and 3 are not necessary parties in this petition)
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be
pleased to vacate the interim order granted on 06.01.2022inW.P.No.49of 2022.
Counsel for the Petitioner: SRI T VV KOTESWARA RAO
Counsel for the Respondents 1 & 4: GP FOR ANIMAL HUSBANDARY
Counsel for the Respondents 2 & 3: GP FOR REVENUE
Counsel for the Respondents 5 to 7: SRI KJ.V.N.PUNDAREEKAKSHUDU
WRIT PETITION NO: 2677 OF 2022
Between:
...Petitioners
AND
...Respondents
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 Writ or Order or Direction more particularly one in the nature of writ of Mandamus, declaring the action of the respondents 2 to 5 by issuing of the impugned urgent memo dated 05-01-2022 through 3'"^ respondent to the petitioners and not considering the valid written explanation dated 18-01-2022 of the petitioners 1 to 3 on the impugned urgent memo dated 05-01-2022 issued by the respondent with regarding the petitioners fish tanks and its bunds situated in Survey Nos. 140/3, 140/4 and 140/5 in an extent of yearly Acre 35-00 and odd cents of Alluru Village, Mudenipalli Mandal, Krishna District in an extent of nearly Acre 35-00 and odd cents of Alluru Village, Mudenipalli Mandal, Krishna District is illegal, arbitrary and unjust and also violation of the principles of natural justice under Article 14, 21 of the Constitution of India and set aside the impugned urgent memo dated 05-01-2022 issued by the 3 respondent and consequently to direct the respondents 2 to 6 not to interfere with the petitioners fish tanks and its bunds situated in SurveyNos. 140/3140/4 and 140/5 in an extent of nearly Acre 35-00 and odd cents of Alluru Village, Mudenipalli Mandal, Krishna District and to consider the valid written explanation dated 18-01- 2022 of the petitioners given on the impugned urgent memo dated 05-01-2022 issued by the 3'^ respondent.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave to file counter affidavit in W.P.No.2677/2023 on the file of this Hon'ble Court.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 to 6 not to interfere with the petitioners fish tanks and its bunds situated in Survey Nos. 140/3,140/4and140/5inan extent of nearly Acre 35-00 and odd cents of Alluru Village, Mudenipalli Mandal, Krishna District and to consider the valid written explanation dated 18-01-2022 of the petitioners given on the impugned urgent memo dated 0501-2022 issued by the 3'^'^ respondent.
Counsel for the Petitioners: SRI K J V N PUNDAREEKAKSHUDU
Counsel for the Respondents 1,4 & 5: GP FOR FISHERIES
Counsel for the Respondents 2 & 3: GP FOR REVENUE
Counsel for the Respondent No.6: SRI T VV KOTESWARA RAO
The Court made the following common order:
APHCO10098842019 IN THE HIGH COURT OF ANDHRA PRADESH
:: AMARAVATI
(Special Original Jurisdiction) [ 3333 FRIDAY ,THE TWENTY THIRD DAY OF ] FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
gHHT PETITION NOs: 4437 OF 2019, 249 and 2677 of 2022
W.P.No.4437 of 2019
Between:
...PETITIONER(S)
AND
...RESPONDENTS
W.P.No.249 of 2022
Between:
...PETITIONER(S)
AND
...RESPONDENTS
W.P.No.2677 of 2022
Between:
...PETITIONER(S)
AND
...RESPONDENTS
The Court made the following:
COMMON ORDER:
The present Writ Petition came to be filed under Article 226 of the
Constitution of India seeking the following relief:-
W.P.No.4437 of 2019
“...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the official respondents in not consider the representation dated 11,06.2018 of the petitioner in light of G.O.Ms No. 7 dated 16.3.2013 and G.O.Ms.No.15 dated 26.05.2015 are illegal, arbitrary and contrary to law and further direct the official respondents 1 to 6 consider the above Representationdated 11.06.2018 of the petitioner in light of G.O. Ms.No.7 dated 26.03.2013 and G.O.Ms.No.15 dated 26.05.2015 within two weeks ”
W.P.No.249 of 2022
“...to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 4 not considering the Representation dated 16.12.2019 of the petitioner to the 2nd respondent and not taking further action on the urgent notice No.FISHFWAONFT(Mis)/1/2019-ID-FlSHERIES dated 15.5.2019 issued by the 4th respondent are illegal, arbitrary, contrary to law and violation ofprovisions of constitution of India and further direct the all the respondents to take further action on the urgent notice No.FISH-FWAONFT(Mis)/1/2019-ID- FISHERIES dated 15.5.2019 issued by the 4th respondent by considering the representation dated 16.12.2019 of the petitioner in SpandanaMonday within two weeks ”
W.P.No.2677 of 2022
“...to issue Writ or Order or Direction more particularlyoneinthenature of writ of Mandamus, declaring the action of the respondents 2 to 5 by issuing of the impugned urgent memo dated 05-01-2022 through 3rd respondent to the petitioners and not considering the valid written explanation dated 18-01-2022 of the petitioners 1 to 3 on the impugned urgent memo dated 05-01-2022 issued by the 3rd respondent with regarding the petitioners fish tanks and its bunds situated in Survey Nos. 140/3, 140/ 4 and 140/5 in an extent of yearlyAcre35-00andodd cents of Alluruu Village, Mudenipalli Mandal, Krishna District in an extent of nearly Acre 35-00 and odd cents of Alluru Village, Mudenipalli Mandal, Krishna District is illegal, arbitrary and unjust and also violation of the principles of natural justice under Article 14, 21 of the Constitution of India and set aside the impugned urgentmemodated05- 01-2022 issued by the 3rd respondent and consequently to direct the respondents 2 to 6 not to interfere with the petitioners ifsh tanks and its bunds situated in Survey Nos. 140/3 140/4 and 140/5 in an extent of
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of Alluru Village, Mudenipalli Mandal, nearly Acre 35-00 and odd cents valid written explanation dated 18Krishna012022Districtof the andpetitionersto considergiventheon the impug 9 memo dated 05-01-2022 issued by the 3rd respondent and to pass
same
these three Writ Petitions is one and the The issue involved in disposed of by this common order. , hence these Writ Petitions are
therein challenging the 2. W.P.No.4437 of 2019 is filed by the petitioner considering the representation dated action of the official respondents in not in the light of the 2"^^ respondent by the petitioner 11.06.2018 submitted to G.O .Ms.No.7. dated 16.03.2013. as illegal and arbitrary, is that he is having an of the petitioner 3. The main grievance in R.S.No. 140/4 in Alluru agricultural land to an extent of Ac.2.25 cents in fish tank in an Mandal, Krishna District. There is Village, Mudinepalli of his agricultural land in the eastern side extent of Ac.20.00 cents on Village, Mudinepalli and 140/5 in Alluru R.S.Nos.140/2, 140/1, 139 Mandal, Krishna District which is owned by the respondents No.7 to 10. As of 10 meters not maintaining the gap No.7 to 10 are the respondents required under between the irrigation canal and the fish tank as are being damaged G.O.Ms.No.7 and 15. the petitioner’s agricultural lands the complaint made by the and as such he is incurring loss. Pursuant to ies and Member of Convenor, District petitioner, the Joint Director of Fisheries issued urgent notice Krishna District Level Committee, Machilipatnam all the violations which are them to correct dated 15.05.2019, directing (7) days, or else the licence Government Orders, within seven contrary to the fish tank will be cancelled. of the said
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“ competent authority is directed to deal with the representation made by the petitioner under the Spandana portal on 16.12.2019, as expeditiously as possible, if the same is not yet disposed oftsr giving notice and opportunity to all the persons against whom the complaint is made in the said representation by the petitioner. ”
- In pursuance of the said interim order, the respondent-Tahsildar , Mudenipalli Mandal, Krishna District has issued urgent Memo on 05.01.2022, directing Sri Varre Srinivasana Rao, Smt.Varre Suryudu of Alluru Village, Mudenipalli Mandal to rectify theirfish tank bunds as per plug mark and further warned them that if they do not act as per the directions, their tank bunds will be removed with costs which will be recovered from them. 7. Challenging the said urgent Memo, Varre Srinivasa Rao and two others filed W.P.No.2677 of 2022 seeking to declare the action of the respondents in issuing urgent notice to the petitioners herein and in interfering into the fish tanks even without considering explanation submitted by them on 18.01.2022 in pursuance of the urgent Memo, as illegal and arbitrary.
4
5
^5
Mr.K.J.V.N.Pundareekakshudu, learned counsel appearing for unofficial respondents. 11. It is a fact that pursuant to the complaint made by the petitioner in W.P.Nos.4437 of 2019 and 249 of 2022, the Joint Director of Fisheries and Member Convenor, District Level Committee, Machilipatnam, Krishna District has issued notice dated 15.05.2019 to the petitioner in W.P.No.2677 of 2022, directing them to correct all the violations which are contrary to Government orders, within seven (7) days or else the said tank will be cancelled. Thereafter in pursuance of the interim order granted by this Court on 06.01.2022 in W.P.No.249 of 2022, the respondent i.e. Tahsildar, Mudinepalli Mandal, Krishna District has again issued urgent memo dated 05.01.2022, directing the petitioners inW.P.No.2677of2022to rectify their fish tank bunds as per plug mark andalsowarnedthemthat they do not act as per their directions, their fishtankswillberemovedwith costs which will be recovered from them. But the petitioners, instead of rectifying their fish tank bunds, have filed W.P.No.2677 of 2022, challenging the urgent memo dated 05.01.2022.
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weeks from the date of receipt of a copy of this order and if it is found that any of them have violated the conditions enumerated under G.O.Ms.No.7 and 15, the respondents are at liberty to initiate action against them, in accordance with law. There shall be no order as to costs.
As a sequel, miscellaneous applications, pending, if any, shall also stand closed.
SD/- N.NAGAMMA ASSISTANTIIREGISTRAR
//TRUE COPY//
SECTIWt5FFICER
To,
One CC to Sri T VV VV Koteswara Rao, Advocate [OPUC]
Two CCs to GP for Animal Husbandary, High Court ofAndhra Pradesh. [OUT]
Two CCs to GP for Revenue, High Court of Andhra Pradesh.
12.
[OUT]
- Two CD Copies RAM
HIGH COURT
DATED:23/02/2024
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COMMON ORDER
WP.Nos.4437 of 2019, 249 & 2677 of 2022
DISPOSING THE WP.Nos WITHOUT COSTS
2 issues framed by the court
Whether the authorities were bound to act on representations and notices regarding fish tank bunds violating G.O.Ms.No.7 and G.O.Ms.No.15?
Whether the urgent memo dated 05.01.2022 issued to the Varre petitioners was illegal and arbitrary?
1 provisions across 1 enactments
Reddy Lakshmanarao (R Lakshmanarao)
The State of Andhra Pradesh
Varre Srinivasa Rao
Varre Venkata Shasidhar Rao
Smt. Varre Girisha
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
