Paidi Venkat Raju v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION Nos.5380, 5385, 5359, 5360, 5383 and 5384 of 2017 COMMON ORDER:

Petitioners in these Writ Petitions share a similar grievance, as such, this Court deems it appropriate to dispose of these writ petitions by way of this common order.

Heard learned counsel for petitioners and learned Government Pleader for respondents.

In these cases, the petitioners submitted applications for grant of permission for carrying on aquaculture in their lands. Their grievance is that though the District Level Committee is the authority competent to consider their applications, the Mandal Level Committee rejected their applications and the same is totally one without jurisdiction. It is the case of the petitioners, as advocated by the learned counsel for the petitioners, that as per paragraph 4(2) of the instructions issued by the State Government vide G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dated 16.03.2013, the competent authority is the District Level Committee, headed by the District Collector, as the Chairman, as constituted under paragraph 4(3) of the said Governmental Order. It is submitted by the learned counsel for the petitioners that contrary to the said instructions, the Mandal Level Committee rejected the applications of the

AVSS, J W.P.No.5380 of 2017 petitioners for grant of permission for carrying on aquaculture in their lands.

A counter-affidavit deposed by the Deputy Director, Fisheries Department, Eluru, West Godavari District, is filed and at paragraph 9 thereof, it is stated that after rejection of the said applications, the petitioners submitted their applications on 06.02.2017 to the answering respondent for reconsideration under G.O.Ms.No.7, dated 16.03.2013, and the said applications are under active consideration. By referring to the said G.O., it is submitted by the learned Government Pleader that on the applications submitted by the petitioners, appropriate action would be taken.

Having heard the learned counsel for the petitioners and the learned Government Pleader, this Court is of the considered opinion that ends of justice would be served, if the respondents are directed to consider the applications, dated 06.02.2017 submitted by the petitioners in accordance with G.O.Ms.No.7, dated 16.03.2013.

For the aforesaid reasons, these Writ Petitions are disposed of, directing the respondents to reconsider the applications of the petitioners for grant of provisional registration strictly in

AVSS, J W.P.No.5380 of 2017 accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

Consequently, Miscellaneous Petitions, if any pending in these Writ Petitions, shall stand closed. No order as to costs. _________________ A.V.SESHA SAI, J 10th APRIL, 2017.

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