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Badarawada Eswara Raju S/o Late Narasaraju, v. State of Andhra Pradesh rep. by its Principal Secretary

Telangana HC3 Jul 2015WP/20108/2015

Case brief

AI extract

What is this about?

This writ petition challenged a notice stopping petitioner's aquaculture activities after they digged fish tanks. The court observed a prior order suspending cancellation proceedings and directed the respondent to consider the final registration application within 30 days following the Government Order provisions.

What did the court decide?

Respondent directed to consider final registration application and pass appropriate orders within 30 days.

Badarawada Eswara Raju S/o Late… — Pension and Retirement Benefits | Telangana HC (2015)

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THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

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WRIT PETITION No.20108 of 2015

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Between:

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1. Badarawada Eswara Raju and another

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PETITIONERS

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AND

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1. State of Andhra Pradesh rep. by its Principal Secretary, Fisheries Department, Secretariat, Hyderabad, and others.

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RESPONDENTS

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THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

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WRIT PETITION No.20108 of 2015

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ORDER:

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The case of the petitioners is that 1^st petitioner is the absolute owner and possessor of land admeasuring Ac.29.09 cents in Sy.Nos.630/2, 631, 634/2, 1, 626, 627/1, 2, and the 2^nd petitioner is the owner and possessor of Ac.19.79 cents in Sy.Nos.621, 622, 620/1, 623, 624, 625, 129 situated at Gundugolanu Village, Bhimadole Mandal, West Godavari District. They wanted to convert their lands into aquaculture activity and submitted applications to respondents 2 and 3 for grant of provisional permission. After conducting due enquiry, respondents 2 and 3 granted provisional permission in favour of the petitioners, on 30.04.2013, as per the provisions of G.O.Ms.No.7, dated 16.03.2013. Thereafter, the petitioners dug fish tanks in the above lands by investing huge amounts for formation of bunds and thereafter made applications in Form-C for final registration on 10.01.2015.

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It appears that a show cause notice was issued to the petitioners and the petitioners submitted explanation to the same on 10.06.2014. Without referring to the explanation, when the respondents issued proceedings dated 27.06.2014 cancelling the provisional permission given to the petitioners, they approached this Court by filing W.P.No.18216 of 2014 and this Court by order dated 03.07.2014 granted interim suspension of the said proceedings. The grievance of the petitioners is that though the interim orders passed by this Court are in force, without implementing the same, the 3^rd respondent issued notice dated 22.06.2015 directing the petitioners not to commence aquaculture activity. Challenging the same, the

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present writ petition is filed.

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Learned counsel for the petitioners submits that as per G.O.Ms.No.7 dated 16.03.2013 as amended by G.O.Ms.No.15 dated 26.05.2015 the final registration should be granted within one month from the date of receipt of application for final registration.

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It is not in dispute that the petitioners made application for final registration on 10.01.2015 and the same was pending consideration before the 2^nd respondent, and that the proceedings dated 27.06.2014 of the 2^nd respondent cancelling the provisional permission granted to the petitioner were suspended by this Court through order dated 3.07.2014 in W.P.No.18216 of 2014.

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In the circumstances, the writ petition is disposed of directing the 2^nd respondent to consider the applications submitted by the petitioners on 10.01.2015 for final registration and pass appropriate orders in accordance with the provisions of G.O.Ms.No.7, dated 16.03.2013 as amended by G.O.Ms.No.15 dated 26.05.2015, within a period of 30 days from the date of receipt of a copy of this order. No costs.

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Pending miscellaneous petitions, if any, shall also stand closed.

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_____________________________ A. RAMALINGESWARA RAO, J.

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3^rd July, 2015 Js.

Badarawada Eswara Raju S/o Late Narasaraju, v. State of Andhra Pradesh rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Badarawada Eswara Raju S/o Late Narasaraju, v. State of Andhra Pradesh rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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