High Court for State of TelanganaWP/21281/2015allowed no costs

Katta Nageswara Rao v. The State Of Andhra Pradesh,

2015-08-11A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.21281 of 2015 Between:

1. Katta Nageswara Rao ... Petitioners And

1. The State of Andhra Pradesh, rep. by its Principal Secretary, Fisheries Department, Secretariat, Hyderabad, and others. ... Respondents DATE OF JUDGEMENT PRONOUNCED: 11-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO

1. Whether Reporters of Local newspapers may be allowed to see the Judgment? Yes/No

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment

THE HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO W.P.No.21281 of 2015 ORDER:

The petitioners claim to be the agriculturists owning small extents of land in R.S.No.87/6, situated at Ainapuram Village, Mummidivaram Mandal, East Godavari District. They raised coconut garden in their lands. Adjacent to their land, the 6th respondent is also having an extent of Ac.0.38 cents in Sy.No.87/6, which is also a coconut garden. When the 6th respondent wanted to convert his land into prawn culture tanks, the petitioners submitted representations dated 16.09.2013, 11.11.2013 and 5.12.2014 before the 3rd respondent, who in turn directed the 4th respondent to take action against the unauthorised conversion of prawn culture tanks. The petitioners also got issued a legal notice dated 25.12.2014 but no action has been taken against the 6th respondent.

In those circumstances the present writ petition was filed challenging the action of the 6th respondent in converting his land into prawn culture tanks and the inaction of respondents 3 to 5 in not preventing such activity. Though notice to the 6th respondent by the learned counsel for the petitioner was served on 16.07.2015, none appeared for him. In the circumstances, respondents 3 to 5 are directed to consider the representations dated 16.09.2013, 11.11.2013 and 5.122014 and the legal notice dated 25.12.

order.

With the above direction, the writ petition is accordingly allowed. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

_____________________________ A. RAMALINGESWARA RAO, J.

11th August, 2015 Js.