Kuncharlapati Satyanarayana Raju v. The State Of Andhra Pradesh, Rep By Its Principal Secretary

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15668 OF 2015 DATED 9TH JUNE, 2015.

BETWEEN Kuncharlapati Satyanarayana Raju and ors .....Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary, Fisheries Department, A.P. Secretariat, Hyderabad and ors.

...Respondents.

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 15668 of 2015.

ORDER:

Heard learned Counsel for the petitioners, learned Government Pleader for respondents 1 to 5 and Sri Dsari S.V.V.S.V.Prasad, learned Counsel for Respondents 6 to 10.

This Writ Petition is filed challenging the action of respondents 1 to 5 in granting permission to respondents 6 to 10 for digging ponds for fish and prawn culture in the land in Sy.Nos.63,64,77,78,79,81,82,87,88,190,193,195,196,197,199, 200,201,204,205 and 206 of Nelamuru village, Penumantra Mandal, West Godavari District including the sub divisions in the respective survey numbers. The only grievance of the petitioners is that they are the neighbouring land owners and their land are effected by the aqua culture activity being started by respondents 6 to 10. The learned Counsel for the petitioners brought to the notice of this Court Para 7.29 of G.O.Ms.No.7, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES (FISH.II) DEPARTMENT, dated 16.03.

2013 and submitted that objections of the neighbouring agricultural land holders shall be called for before issuing provisional registration and in fact Writ Petition No.737 of 2015 filed by the petitioners was pending consideration at that point of time. Be that as it may, now provisional registration was given in favour of respondents 6 to 10. In view of the objection raised by the petitioners, the second respondent is directed to consider the objections of the petitioners in the presence of Respondents 6 to 10 and thereafter to dispose of the same before considering the applications for final registration, in accordance with law, within a period of thirty days from the date of receipt of a copy of this order. The Writ Petition is accordingly disposed of.

Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.

--------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO

Dated 9TH JUNE, 2015.

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