High Court disposed of Writ Petition seeking writ of mandamus against State's interference with petitioners' fish culture tanks on private lands. Court closed petition as pending interim order already granted relief sought.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF JULY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 6994 OF 2016
EJetween:
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 an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS to declare the action of respondent No.3 in interfering with our peaceful possession and enjoyment of fresh water fish culture activity in thetanksconstructedinour private patta lands admeasuring an extent of Ac.19.64 cents covered by Sy.Nos. 1254/10, 11 1265/1,2,5, 1267/4,5,6,7,8, 1262/2, 1266/1,4 and an
/
extent of AC.14.87 cents covered by Sy.Nos.1254/7,8,9, 1265/3,4, 1266/2, 4 situated in Polla sivaru, M.M.Puram Village, Bheemadole Mandal, West Godavari District, is illegal, arbitrary, unconstitutional and contrary to GOMs.No.120, Environment, Forest, Science and Technology (For -III), Dt.04- 10-1999 as also violative of Article 14, 19,21&300AConstitutionof India and consequently, direct the respondents not to interfere with peaceful possession and enjoyment of fresh water fish culture in any manner, in the interest of justice.
I.A. NO: 2 OF 2016 fWPMP. NO: 8913 OF 2016)
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 not to interfere with peaceful possession and enjoyment of fresh water fish culture in the tanksconstructed in our private patta lands admeasuring an extent of Ac. 19.64 cents covered by Sy. Nos. 1254/10, 11 1265/1,2, 5, 1267/4, 5, 6, 7, 8, 1262/2, 1266/1,4 and an extent of Ac. 14.87 cents covered by Sy. Nos. 1254/7,8,9, 1265/3,4 1266/2,4 situated in Polla Sivaru M.M.Puram Village, Bheemadole Mandal, West Godavari District, activity in any manner, in the interest of justice.
I.A. NO: 1 OF 2016 (WVMP. NO: 1217 OF 20161
Between:
...Petitioners/Respondents
•J
... Respondents/Respondents
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 orders passed dated 15.03.2016 in WPMP No. of 2016 in WP.No. 6994 of 2016 as the Writ lands are located below +5 contour of Kolleru Sanctuary.
Counsel for the Petitioners: SRI P. RAJASEKHAR
Counsel for the Respondents Nos.1 to 3: GP FOR FORESTS
The Court made the following: ORDER
1
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.6994 of 2016
ORDER:
The present Writ Petition is filed under Article 226 of the
Constitution of India for the following relief/s:
- The relief sought for in the Writ Petition as well as in the Interlocutory Application is to direct the respondentsnottointerferewith the peaceful possession and enjoyment of the petitionersoverthefresh water fish culture activity in the tanks constructed in their private patta lands admeasuring an extent of Ac. 19.64 cents covered by Sy.Nos.1254/10,11 1265/1,2,5, 1267/4,5,6,7,8, 1262/2, 1266/1, 4 and an extent of Ac.14.87 cents covered by Sy.Nos.1254/7,8,9,1265/3,4,
2
1266/2, 4 situated in Polla sivaru, M.M.Puram village, Bheemadole Mandal, West Godavari District.
- Accordingly, the Writ Petition is closed. There shallbenoorder as to costs.
As a sequel, interlocutory applications pending, if any, in this Writ
Petition, shall stand closed.
SD/- G HELA NAIDU ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
MR
MR
V '
HIGH COURT TRR, J DATED:30/07/2024
ORDER WP.N0.6994 OF 2016
CLOSING THE WRIT PETITION, WITHOUT COSTS
Bale Anjaneyulu
Bale Chandrababu
Bale Kamalamma
Bale Jyothirmayee
The State of Andhra Pradesh
The District Collector
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
