This court disposed of a writ petition challenging the non-issuance of a fish tank license. It directed the petitioner to file a fresh application online under the APSADA Act, dismissing the writ claim of illegal state inaction.
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THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION No.881 of 2024
ORDER:-
This Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:
“… to issue an appropriate writ order or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents did not receive online application for grant of License for digging of fish tank in agricultural land of an extent of Ac.2.93 cents in R. S. No.292/1A situated in Koniki (V) Pedapadu (M) Eluru District within Aquaculture zone as highly illegal arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14, 21 and 300A of the Constitution of India and consequently to direct the Respondents to grant license for digging of Fish Tank in agricultural land of an extent of Ac.2.93 cents in R.S. No.292/1A situated in Koniki (V) Pedapadu (M) Eluru District and petitioners land within Aquaculture zone….”
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said area of Koniki village, which is required as per the provisions of the A.P. State Aquaculture Development Authority Act, 2020 [APSADA Act] for scrutiny of application and grant of license to dig fresh water aquaculture pond. As per rules, no physical applications are required to be received by any official for grant of license. The website is open for all applicants for filing applications and the petitioner may also file an application through the Digital Assistant in any Village secretariat in online method. On receipt of such application, concerned functionaries of fisheries department i.e., Village Fisheries Assistant, Fisheries Development Officer/Assistant Inspector of Fisheries and District Fisheries Officer will scrutinize application according to its merits, objections and disputes if any etc., even if the proposed land in aqua zone and finally either approve or reject within Six (06) days of filing the application.
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(02) weeks from the date of receipt of a copy of the order and
the same shall be scrutinized and processed as per the guidelines of APSADA Act, 2020 within a period of four (04) weeks thereafter.
As a sequel, miscellaneous applications pending, if any,
in this writ petition shall also stand closed.
____________________________ SMT JUSTICE V. SUJATHA
Date:10.01.2024 Pnr
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THE HONOURABLE SMT JUSTICE V. SUJATHA
WRIT PETITION No.881 of 2024
Dated 10.01.2024
Pnr
2 issues framed by the court
Whether the petitioner's failure to file an application online prior to filing the writ petition warrants dismissal or a direction to file fresh application?
Whether the action of not receiving an online application constitutes a violation of Articles 14, 21, and 300A?
2 provisions across 2 enactments
Petitioner
Respondents
V. SUJATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
