Mudigonda Koteswara Rao, v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE R.KANTHA RAO Between:

Mudigonda Koteswara Rao, Pullapadu Village, Pedana Mandal, Krishna District.

..... PETITIONER And State of Andhra Pradesh, Rep., by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Secretariat, Hyderabad and two others.

.....RESPONDENTS

The Court made the following:

THE HON'BLE SRI JUSTICE R.KANTHA RAO ORDER:

Heard the learned counsel appearing for the petitioner and the learned Government Pleader for Fisheries for the State of Andhra Pradesh. The petitioner is the owner of land of an extent of Ac.19.49 cents situated in

R.S.Nos.12, 15 and 16/2, 3 of Pullapadu Village, Pedana Mandal, Krishna District. It is submitted that his neighbouring lands are fish tanks and that the lands in question are low lying and have been frequently subjected to inundation. On the ground that the lands in question are not fit for agriculture, the petitioner made an application on 08.07.2013 to the Deputy Director of Fisheries, Machilipatnam, Krishna District, for conversion of the said lands into tanks of aquaculture. It is submitted by the learned counsel appearing for the petitioner that the said application is in accordance with G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, and therefore, the required Registration Certificate can be issued to the petitioner.

It is further submitted that in similar cases, the authorities have issued Provisional Registration Certificates and permitted digging operations, but the application of the petitioner has been kept pending since long time and that as there was no response from the respondents, the petitioner filed the present writ petition seeking the relief of permitting him to carry on digging operations. On the other hand, the learned Government Pleader for Fisheries submits that instead of permitting digging operations, the authorities can be directed to process the application of the petitioner and pass final orders. In these circumstances, the Writ Petition is disposed of directing the respondents to consider and dispose of the application dated 08.07.2013 submitted by the petitioner seeking final Certificate of Registration in terms of G.O.Ms.No.

7, dated 16.03.2013, within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed in consequence. ________________ R.

THE HON'BLE SRI JUSTICE R.KANTHA RAO

Note: Issue CC in three days B/o va