Molakala Rajagopal Reddy v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.25153 of 2016 ORDER:

1 This Writ Petition is filed under Article 226 of the Constitution of India seeking writ of mandamus declaring the inaction of the respondents in taking any action against the illegal conversion of agriculture lands in Sy.Nos.23, 48, 25 of an extent of Ac.34.25 cents of Pottempadu village, Muthurkur Mandal, SPSR Nellore district into aqua culture farms without obtaining permission from the competent authorities as illegal, arbitrary and consequently direct the respondents not to permit the respondents No.7 to 9 to carryout aquaculture activities in Sy.No.23, 25 and 48 of Pottempadu village, Muthurkur Mandal, SPSR Nellore district.

2 Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Fisheries appearing for respondent Nos.1 to 3 and 5.

3 The case of the petitioners is that the first petitioner is having agricultural land admeasuring Ac.5-47 cents in Sy.No.48/1, 45/1, 44/2C and the second petitioner is having agricultural land admeasuring Ac.3-00 in Sy.No.27/3 and 27/1B of Pottpalem village, Muthukur Mandal, SPSR Nellore District. Respondent Nos.7 to 9 are having land admeasuring Ac.18.00 in Sy.No.23, Ac.6-05 cents in Sy.No.48 and Ac.9-75 cents in Sy.No.25 respectively in the same village and that the respondent Nos.7 to 9 are their neighbouring land owners.

4 The grievance of the petitioners is that the respondent Nos.7 to 9, without obtaining permission from the competent authority, are converting their agricultural lands into aqua culture tanks. The learned counsel for the petitioners submitted that the petitioners have submitted a representation to the third respondent on 18.7.2016 to take appropriate action. The only request of the petitioners is that the

District Collector may be directed to consider their representation dated 18.7.2016.

5 It is a known fact that no one is entitled to covert agricultural lands into fish tanks or aqua culture tanks without obtaining necessary permission from the District Level Committee. 6 Having regard to the fact that the petitioners have submitted representation to the third respondent on 18.7.2016, the third respondent - District Collector, SPSR Nellore district is hereby directed to consider the representation made by the petitioners on 18.7.2016 in the light of the G.O.Ms.No.7, Animal Husbandry, Dairy Development And Fisheries (Fish.II) Department, dated 16.3.2013 and G.O.Ms.No.15, Animal Husbandry, Dairy Development And Fisheries (Fish) Department, dated 26.5.2015 and in accordance with law, as early as possible, preferably, within a period of one month from the date of receipt of a copy of this order.

7 With the above direction, this writ petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending in this writ petition, if any, shall stand closed.

_________________________ T. SUNIL CHOWDARY, J Date: 28.07.2016 Kvsn