The court disposed of two writ petitions concerning allegations of unauthorized fish tanks on agricultural land. After reviewing the Collector's report confirming survey and classification of the land, the court held no further direction was necessary and dismissed the petitions.
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THE HONOURABLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.15929 and 19005 of 2014
COMMON ORDER
Heard learned counsel for the petitioners, learned Government Pleader for Revenue and learned Government Pleader for Irrigation and Command Area Development.
2. The grievance of the petitioners in these writ petitions is similar, and after hearing both the matters, this Court passed the following order on 09.07.2014;
“Same petitioners have filed both these writ petitions. After hearing the matters, it is apparent that on all the banks of KSR Channel there appears to be number of fish tanks, which prima facie appeared to be unauthorized and contrary to G.O.Ms.No.7
dated 16.03.2013. The allegations of the petitioners show that respondent No.7 as well as respondent No.4 are freely converting agricultural lands into fish tanks.
Learned Government Pleader for Revenue to get instructions from respondent Nos.1 to 4.
In the meanwhile, there shall be a direction to the District Collector, respondent No.2, to depute a responsible senior officer to get factual report with regard to the said use of KSR Channel for the purpose of fish tanks and as to whether any of them are authorized, including the fish tanks claimed by the petitioner in R.S.No.47/8, Polukonda Village, Nandiwada Mandal, Krishna District, and file a report by the next date of hearing.
List on 21.07.2014 in the motion list”.
3. Learned Government Pleader for Revenue has placed before this Court a copy of the report of the Collector, Krishna, Machilipatnam, dated 13.07.2014, wherein it is stated that Mr. Suvvari Narasimha Rao and four others as well as Annepu Lakshmana Rao and another are ryots of lands in R.S.No.47/8 and adjacent lands and when the common representation filed by the
said ryots and adjacent ryots, the Deputy Inspector of Survey, Office of the Revenue Divisional Officer, Gudivada, issued notices to all the land owners on 28.05.2014 and survey was conducted on 03.06.2014. As per the said survey, the petitioners in W.P.No.15929 of 2014 i.e., A. Lakshmana Rao and another are having Acs.2.50 cents in R.S.No.47/8 and the land is in the form of fish tank and the boundaries of the said fish tank have been demarcated and separated by the pathway for movement of men and material through the bunds and the other work of peg marking. The boundaries of the fish tank and the pathway have been completed and the said survey number is classified as A.W.D. The statements of the petitioners were also stated to have been recorded. It is further stated that as there are encroachments on the bunds of KSR Channel of Polukonda Village of Nandivada Mandal, appropriate enquiry and further action for eviction of encroachments is being carried out.
4. In view of the said report, therefore, nothing further survives for consideration in these writ petitions and are accordingly disposed of as no further direction is necessary. There shall be no order as to costs. Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
_______________________ VILAS V. AFZULPURKAR, J
21st July, 2014 sj
1 issue framed by the court
Whether the petitioners seeking direction regarding unauthorized fish tanks on collective agricultural land require any judicial intervention after the Collector's report.
1 provisions across 1 enactments
A. Lakshmana Rao and another
Government of Andhra Pradesh through Secretary, Irrigation Department
District Collector, Krishna
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
