High Court issued a notice to show cause for a writ petition challenging illegal conversion of agricultural lands. Court granted interim directions restraining unauthorized digging of fish tanks pending enquiry.
Interim direction issued to respondents 3 to 5 not to allow digging of any fish tanks by petitioners without provisional permission.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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(sHow cAUSE NOTICE BEFORE ADMtSStON) HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
(Special Original J urisd iction )
THURSDAY, THE EIGHTH DAY OF MARCH, TWO THOUSAND AND EIGHTEEN
: PRESENT :
THE HONOURABLE DR JUSTICE B. SIVA SANKARA RAO
W.P.No. 7226 of 2017
Between:-
l.Avanigadda Satya Bhaskara Kamakshi, W/o. Krishna
2.Namuduri Venkata Rao, S/o. Subba Rao
3.Ganrini Satyanarayana lMurthy, S/o. Rudra Nlurthy
4.Tadi Dharma Rao, S/o. Vana Baludu
PETITIONERS
AND
1.The State of Andhra Pradesh, Rep. by its Principal Secretary, Fisheries Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2.District Collector, East Godavari District, Kakinada.
3.Tahsildar, Katrenikona N4andal, Katrenikona, East Godavari District.
4.Joint Director of Fisheries, Department of Fisheries,
Government of A.P., Kakinada.
Government of Andhra Pradesh, Katrenikona,
East Godavan District.
6.Deputy Executive Engineer, lrrigation & Drainage Department, Government of Andhra Pradesh, Amalapuram, East Godavari District.
7.|,4anthena Surya Bhaskara Raju, Sio. Suryanarayana Raju
8.lr,4anthena Surendra Varma, S/o. Surya Bhaskara Raju
9.Manthena Subba Raju, S/o. Narasimha Raju
10.lr,4anthena Subba Raju, S/o. Suryanarayana Raju,
1 l.Cherukuri Suryanarayana Raju, S/o. Satyanarayana
(Respondents 7 to 11 arc the R/o. Pallamkuru, Katrenikona Mandal, East Godavari District)
.....RESPONDENTS.
WHEREAS the Petitioners above named through their Advocate SRI T.V.S. PRABHAKAR RAO,presented this writpetition under Article 226 of the Constitution of lndiapraying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue writ, order or direction, morepartrcularly one in the nature of writ of mandamus declaring the action of the respondents.1 to 6 in not conducting any enquiry with personal inspection by considering the objections of the petitioners dL.22-01-2018 with regard to the illegal and unauthorized conversion of agricultural lands of the respondents 7 to 11 in an extent of around Ac. 20 acres in Sy.Nos. 1511A, 1611A, 16118, 1612 to 5, 1711A, 18, 1713, 1718, 17115,33,3412,3513A,35/4A fo Pallamkurru Village, Katrenikona l\ilandal of East Godavari District as illegal, arbitrary and violative of principles of natural .justice and contrary to the various guidelines issued by the government and also by this Hon'ble Court consequently directing the respondents not to allow the said conversion without considerjng the objections of thepetitioners:
AND WHEREAS the High Court upon perusrng the petition and affidavit filed therein and upon hearing the arguments of SRI T.V.S. PRABHAKAR RAO, Advocate for the Petitioner and of the Govt. Pleader for Fisheries(AP) on behalf of respondent Nos. 1, 4 & 5 and of the Govt. Pleader for Revenue(AP) on behalf of respondent Nos. 2 & 3 and of the Govt. Pleader for lrrigation(TS) on behalf of respondent No.6, directed issue of notice to the Respondents herein to show cause as to why this writ petition should not be admjtted in the circumstances set out in thepetition and the affidavit filed in the Writ Petition;
Contd 2. . .
2
You viz ;
8.[,4anthena Surendra Varma, S/o. Surya Bhaskara Raju,
9.lt4anthena Subba Raju, S/o. Narasimha Raju.
Rio. Pallamkuru, Katrenikona lvlandal, East Godavari District.
are directed to show cause as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted.
THE COURT MADE THE FOLLOWING ORDER :-
" Notice before admission.
While permitting to take notice by personal service to the unofficial respondents 7 to 11 by RPAD and file proof granting time to the learned Govt. Pleader for lrrigation, Fisheries and Revenue to file their counters in posting the matters to 10-04-2018, there shall be interim direction to the respondents 3 to 5 not to allow digging of any fish tanks by the petitioners without any provisional permission meantime."
Sd/- K.SHYLESHI ASSISTAN REGISfRAR
,TRUE COPY'
)
for ASSISTANT REGISTRAR
To
6.The Deputy Executive Engineer, lrrigation & DrainageDepartment, Government of Andhra Pradesh, Amalapuram, East GodavariDistrict.
Contd...3...
3
7.N,4anthena Surya Bhaskara Raju, S/o. Suryanarayana Raju, R/o. Pallamkuru, Katrenikona Mandal, East Godavari District. S.Manthena Surendra Varma, S/o. Surya Bhaskara Raju, R/o. Pallamkuru, Katrenikona L4andal, East Godavari District. 9.Manthena Subba Raju, S/o. Narasimha Raju.
R/o. Pallamkuru, Katrenikona Mandal, East Godavari District.
10.1,4anthena Subba Raju, S/o. Suryanarayana Raju,
R/o. Pallamkuru, Katrenikona N,4andal, East Godavari District.
1 l.Cherukuri Suryanarayana Raju, S/o. Satyanarayana
R/o. Pallamkuru, Katrenikona [,4andal, East Godavari District. (Addressee Nos. 1 to 11 by RPAD along with a copy of Petition & Affidavit)
TKK
-n'"
HIGH COURT
DR.SSRB.J
DT.08-03-2017.
NOTICE BEFORE ADMISSION
W.P.No. 7226 ol 2017
INTERIM DIRECTION
AS
t
<br>
1 issue framed by the court
Whether the High Court ought to admit a writ petition challenging the conversion of agricultural land without a personal inspection.
I. Vanigadda Satya Bhaskara Kamakshi
N. Namuduri Venkata Rao
The State of Andhra Pradesh, Rep. by its Principal Secretary, Fisheries Department
District Collector, East Godavari District
Tahsildar, Katrenikona Mandal
Joint Director of Fisheries
Dr. B. Siva Sankara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
