M.Venkata Krishnam Raju, v. The District Collector, West Godavari District.

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7011 OF 2016 ORDER:

The writ petition is filed challenging the action of the respondents for interfering with the peaceful possession and enjoyment of the petitioners' land over an extent of Ac.16.79 cents in Sy.Nos.542/1,2A,543/1,2,3,4A,4B,4C, 544, 545/10A, 10B of Chinakapavaram Village, Akiveedu Mandal, West Godavari District. It is the case of the petitioners that even though they were given the permission to dig the fish tanks in the above said lands and the respondents 6 and 7 with the active support of the respondents 1 to 5 herein physically and forcibly interfering with the fishing activities of the petitioners.

Further, when the petitioners lodged a complaint with the officials of the respondents 1 to 5, they are not preventing the unofficial respondents from proceeding with the digging of the land and interfering with the fishing activities of the petitioners. As can be seen from the averments made in the writ affidavit as well as the submissions made by the learned counsel for the petitioners that the respondents 6 and 7 who are the private respondents are interfering with the fishing activities of the petitioners. In those circumstances of the case, it is for the petitioners to approach the Civil Court and seek injunction against the respondents 6 and 7 as the petitioners are having valid permission from the concerned authorities to undertake the activity of digging of fish tanks.

With the above observations, the writ petition is disposed of. No order as to costs. In view of the disposal of the main writ petition, Miscellaneous Petitions, if any pending in this writ petition shall also stand closed. ______________________________ CHALLA KODANDA RAM,J Date:03.03.2016.

Gk THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM

WRIT PETITION No.7011 OF 2016 Date:03.03.2016 Gk