Chittamuru Venugopal Reddy Vs the State of Andhra Pradesh

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APHC010297172025

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

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WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 15199 OF 2025

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Between:

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Chittamuru Venugopal Reddy, W/o. Late Sundarramireddy, aged about 64 years, R/o. Piduru Palem Village, Baddevolu Post, Manubolu Mandal, SPSR Nellore District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep.by its Principal Secretary, Energy Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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The District Collector cum Chairman, District Level Implementation Committee, SPSR Nellore District.

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t’

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District Fisheries Officer, Nellore, SPSR Nellore District. %Ij^^Assistant Director of Fisharies, Nellore, SPSR^{NelloreDistrict.} ‘ 6. The Assistant Inspector of Fisharies Manubolu Mandal, SPSR Nellore

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District.

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7 The Superintending Engineer, APSPDCL, Nellore, SPSR Nellore District.

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Uggumudi Gopinath Reddy, S/o. Venugopal Reddy, aged^about48 years. R/o. Ramalayam Street, Piduru Palem Village, Baddevolu Post Manubolu IVIandal, SPSR Nellore District.

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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 a writ or direction or order more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not taking action against the aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District, which were dug by the 8th respondent herein without obtaining any permission for converting agricultural lands into aquaculture ponds and cultivating the shrimp in saline water without obtaining license is illegal, arbitrary, high-handed and in violation Articles 14 and 21 of the Constitution of India and in violation of The Andhra Pradesh State Aquaculture Development Authority Act, 2020, G.O.Ms. No. 7, dated 16.03.2013 and G.O.Ms. No. 15, dated 26.05.2015 and Consequently, direct the respondent authorities to evict the 8th respondent herein from the illegal and unlicensed aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be

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pleased to direct the Respondent authorities not to permit the 8th respondent herein to stock the shrimp seeds by filing the aquaculture ponds with saline water in aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District.

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Counsel for the Petitioner: SRI SARANU PHANI TEJA

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Counsel for the Respondent Nos.1, 3 to 6 : GP FOR FISHERIES

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Counsel for the Respondent No.2 : GP FOR ENERGY

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Counsel for the Respondent No.7 : SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL Counsel for the Respondent No.8 : NONE APPEARED

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The Court made the following order:

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0

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APHC010297172025

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

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[3329]

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WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMIVIAGADDA WRIT PETITION NO: 15199/2025

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Between:

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1.CHITTAMURU VENUGOPAL REDDY, W/0. LATE SUNDARRAMIREDDY, AGED ABOUT 64 YEARS, R/0. PIDURU PALEM VILLAGE, BADDEVOLU POST, MANUBOLU MANUAL, SPSR NELLORE DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FISHEIFLES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,AMARAVATI,GUNTURDISTRICT.

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THE DISTRICT COLLECTORCUMCHAIRMAN, DISTRICT LEVEL IMPLEMENTATIONCOMMITTEE, SPSR NELLORE DISTRICT.

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THE DISTRICT FISHERIES OFFICER, NELLORE, SPSR NELLORE DT. THE ASSISTANT DIRECTOR OF FISHARIES, NELLORE, SPSR

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NELLORE DISTRICT.

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THE ASSISTANT INSPECTOR OF FISHARIES, MANUBOLU MANDAL SPSR NELLORE DISTRICT.

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THE SUPERINTENDING ENGINEER, APSPDCL, NELLORE, SPSR NELLORE DISTRICT.

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2

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8.UGGUMUDI GOPINATH REDDY, S/0. VENUGOPAL REDDY, AGED ABOUT 48 YEARS, R/0. RAMALAYAM STREET, PIDURU PALEM VILLAGE, BADDEVOLU POST, MANUBOLU MANDAL SPSR NELLORE DISTRICT.

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...RESPONDENT(S):

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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 toPleased to issue a writ or direction or order more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities in not taking action against the aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District, which were dug by the 8th respondent herein without obtaining any permission for converting agricultural lands into aquaculture ponds and cultivating the shrimp in saline water without obtaining license is illegal arbitrary, high-handed and in violation Articles 14 and 21 of the Constitution of India and in violation of The Andhra Pradesh State Aquaculture Development Authority Act, 2020, G.O.Ms. No. 7, dated 16.03.2013 and G.O.Ms. No. 15. dated 26.05.2015 and Consequently, direct the respondent authorities to evict the 8th respondent herein from the illegal and unlicensed aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District and to pass

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lA NO: 1 OF 2025

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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 Pleased to direct the Respondent authorities not to permit the 8th respondent herein to stock the shrimp seeds by fiiing the aquacuiture ponds with saiine water in aquaculture ponds in Sy. No. 378, 379 and 384-B of Baddevolu village, Manubolu Mandal, SPSR Nellore District and pass

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Counsel for the Petitioner:

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1.SARANUPHANI TEJA

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Counsel for the Respondent(S):

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1.GP FOR ENERGY

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2.GP FOR FISHERIES

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The Court made the following:

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3

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the HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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/

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WRIT PETITION NO: 15199 of 2025

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ORDER:

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This writ petition is filed under Article 226 of the^Constitution

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of India seeking the following relief; -

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“to issue a writ or direction or order more particularly^one in the nature of writ of Mandamus declaring the action of^{therespondent} authorities in not taking action against the aquaculture^pondsinSy. 1^0.378, 379 and 384-B of Baddevolu village, Manubolu^Mandal, SPSR Nellore District, which were dug by the 8th respondent therein without obtaining any permission for converting^agricultural lands into aquaculture ponds and cultivating the shrimp^insaline ^ater without obtaining license is illegal, arbitrary,^{highhandedand} in violation of Articles 14 and 21 of the Constitution^ofIndiaandin violation of The Andhra Pradesh State Aquaculture Development Authority Act, 2020, G.O.Ms. No. 7, dated 16.03.2013^andG.O.Ms. f^o.lb, dated 26.05.2015 and Consequently direct the^respondent authorities to evict the 8th respondent herein from the illegal and unlicensed aquaculture ponds and to pass such other^order.’’

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Heard the learned counsel for the petitioner and the^learned counsel for the respondents.

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Learned counsel for the petitioner submits that the petitioner jg the absolute owner and possessor of the land admeasuring^toan extent of 6.25 cents in Sy.No.380-A1 and 383 and her son^ishaving an agricultural land to an extent of Ac.3.14 cents in Sy.No.380-A4 and 384-A in Baddevolu village, Manubolu Mandal, SPSR^Nellore District and they have been in peaceful possession and enjoyment by cultivating paddy in the said agricultural lands.^{Whilethematter} stood thus, the 8*'^ respondent herein, who is having the agricultural lands to an extent of Ac.8.99 cents in Sy.No.378, 379^and384-Bin

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the same village, has high-handedly dug the shrimp saline water ponds without any permission or licence from the respondent authorities but obtained electricity connection from the 7^^ respondent herein and started cultivating the shrimps^{insalinewater} ponds by paying deaf ear to the petitioner’s requests to not to dig the ponds and not fill the saline water in ponds.

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The learned counsel for the petitioner further submits that the petitioner made a complaint to the respondent authorities against the 8^'^ respondent herein, who is cultivating aqua culture with salt water in Sy.No.378, 379 and 384-B without there being any permission/ approval as contemplated under G.O.Ms. No.7, dated 16.03.2013 and G.O.Ms. No.15, dated 26.05.2015. He further submits that the respondent authorities clearly and categorically submitted^{thatthe8*'^} respondent herein did not obtain any licence as per 23(5) of the Andhra Pradesh State Aquaculture Development Authority Act, 2020 (APSADA) for cultivating aqua culture in the subject land, The learned counsel for the petitioner further submits that even though the petitioner submitted representation to the respondent authorities and having admitted that there is no permission to the 8*^ respondent for cultivating the aqua culture, but for the reasons best known to the respondent authorities, they are permitting the unauthorised/ illegal operations of the aqua culture by the 8*^ respondent.

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V-

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5

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On the other hand, learned Government Pleader furnished the written instructions of 6‘^ respondent dated 24.06.2025,^wherein it is stated as follows;

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“Further, it is to submit that, the respondent No.⁸ converted his land into aqua ponds without obtaining any permission from competent authority i.e.. Fisheries department under G.O.Ms.No.7 and APSADA Act 2020. As per clause 7, 14 of G.O.Ms.No.7, the aqua farmer has to maintain a seepage channel in between aqua farm and neighboring agriculture fields. Such a seepage channel can be created in the prescribed 3 meter gap between the aqua farm and the neighboring agriculture fields. In the present case, in response to the complaint of the petitioner, the Assistant Inspector of Fisheries, Manubolu has issued a notice wherein directed the aqua famer to stop the culture for illegal construction^of aqua ponds & without obtaining any permission from competent authority i.e.. Fisheries department under G.O.Ms.No.7 and APSADA Act 2020 and also 4^^ respondent has addressed a letter to the respondent to disconnect the power supply to the aqua culture ponds being taken up by the 8^^ respondent. In response to the notice, the 8^^ respondent i.e., aqua farmer has constructed seepage channel as per the Fisheries department norms under G.O.Ms.No.7 and also arrested the seepage of water into the petitioner agriculture land. Further it is to submit that as on^date 8^^ respondent stopped the culture practice in his aqua ponds. ”

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Learned Government Pleader for the respondents further submits that without obtaining any permission or approval as contemplated under the provisions of APSADA Act 2020 and as per G.O.Ms.No.7, no individual will be permitted to cultivate the aqua culture or fishery culture in any of the land. Even in the present case

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also, the respondent authorities already issued notices to the respondent and disconnected the power supply to the electricity connection and also removed the pond and stopped the 8*'' respondent from cultivation of any aqua culture/ fishery^cultureinthe subject property. He further submits that without any permission the 8*^ respondent cannot be permitted for continuation of any aqua culture in the subject land.

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Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents and on perusal of the material placed on record, as of now, the grievance of the petitioner was already^redressed. On perusal of the written instructions submitted by the 6*^ respondent dated 24.06.2025 and as contended by the leaned counsel for the respondents that without there being any permission as contemplated under APSADA Act 2020, nobody can be permitted^to carryout the aqua culture even in his own lands. As per the scheme of the APSADA Act, 2020, the respondent authorities shall adhere to the provisions of the Act and not to allow any individual to carryout the aqua culture without there being any permission under the provisions of APSADA Act, 2020. Therefore, in the instant case also, the respondents shall have vigilant and implement the provisions of the Act and not to allow any individual including the 8‘^ respondent

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f?

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herein hereafter to carryout any aqua culture without obtaining any

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permission from the concerned authority.

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With the above direction, the Writ Petition is disposed of.

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There shall be no order as to costs.

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

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also stand closed.

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//TRUE COPY//

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Sd/- P VINOD KUMAR ASSISTANT^GISTRA^

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SECTION OFFICER

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To.

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The Principal Secretary, Fisheries Department, State of Andhra

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Pradesh, Secretariat Buildings. Velagapudi, Amaravati Guntur District.

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The Principal Secretary, Energy Department, State of Andhra Pradesh

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Secretariat Buildings, Velagapudi, Amaravati, Guntur District.

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1. The District Collector cum Chairman, District Level Implementation

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Committee, SPSR Nellore District.

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The District Fisheries Officer, Nellore, SPSR Nellore District.

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The Assistant Director of Fisharies, Nellore, SPSR Nellore District.

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The Assistant Inspector of Fisharies, Manubolu Mandal, SPSR Nellore

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District.

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The Superintending Engineer, APSPDCL, [ Nellore, SPSR Nellore District.

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One CC to Sri Saranu Phani Teja, Advocate [OPUC] 9. Two CCS to GP for Energy High Court of Andhra Pradesh [OUT] 10. Two CCS to GP for Fisheries, High Court of Andhra Pradesh [OUT] 11. One CC to Sri Venkata Rama Rao Kota, SC for APSPDCL [OPUC]

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