Madduri Bharathi, v. State Of Andhra Pradesh

HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.2446 of 2015 Date: 12-02-2015 Between Madduri Bharathi ... Petitioner and State of A.P., Rep. by its Prl. Secretary, Animal Husbandry, Dairy Development and Fisheries Dept., Secretariat, Hyderabad;

and 3 others ... Respondents HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.2446 of 2015 Order:

Heard Sri Rambabu Koppineedi, learned counsel appearing for the petitioner, learned Government Pleader for Fisheries appearing for the respondents 1 to 3 and the learned Government Pleader for Revenue appearing for the 4th respondent.

2. This writ petition is filed seeking to declare the action of the respondents in not granting final registration

certificate on the application submitted by the petitioner seeking permission to aqua culture farms in R.S.Nos.839, 840 and 842/1 admeasuring total extent of Ac.4.301⁄2 cents in Kalidindi village and Mandal, Krishna district as illegal, arbitrary and consequently direct the respondent authorities to issue final registration certificate in favour of the petitioner for fish tank forthwith.

3. Identical issue was decided by the learned single Judge of this Court in W.P.No.17204 of 2014. Learned single Judge considering the fact that all the authorities concerned have recommended the petitioners' land for conversion into fish tanks from agricultural lands as per G.O.Ms.No.7, dated 16-3-2013, permitted to carry on digging operations in the subject lands. In the instant case also, all the authorities concerned have made recommendation in favour of the petitioner for conversion of the lands.

4. The present writ petition is, therefore, disposed of in terms of the decision rendered in the aforesaid writ petition. The petitioner shall be permitted to carry on digging operations in the subject lands, but she shall not start aqua culture activities in the said lands till registration is granted to the petitioner. The 2nd respondent is also directed to dispose of the application filed by the petitioner on 10-01-2014 as per G.O.Ms.No.7, dated 16-3-2013. However, the digging

operations shall be subject to the decision taken by the District Level Committee and the petitioner shall not claim any equity. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs. ___________________ R.KANTHA RAO, J.

12th February, 2015.

Ak HON'BLE SRI JUSTICE R.KANTHA RAO Writ Petition No.2446 of 2015

12th February, 2015.

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