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2019 DIGILAW 47 (AP)

Aagollu Krishna v. State of Andhra Pradesh

2019-03-26

G.SHYAM PRASAD

body2019
ORDER : G. Shyam Prasad, J. 1. This is a writ of mandamus filed for declaring the inaction of the respondents in stopping the unauthorized and illegal conversion of agricultural land adjacent to the petitioner's land in RS No. 451 of Rudrapaka Village, Nandivada Mandal, Krishna District as illegal and arbitrary. 2. Heard the arguments of the learned Counsel for the petitioner and the learned Government Pleader for Fisheries appearing for respondent Nos. 1 to 3. 3. The petitioner filed an affidavit stating that he is the absolute owner of an extent of Ac. 0.04 cents in RS No. 451/3A, Ac. 0.20 cents in RS No. 451/3B, Ac. 0.40 cents in RS No. 451/3C and Ac. 0.23 cents in RS No. 451/7A totalling Ac. 0.87 cents situated in Rudrapaka, Nandivada Mandal, Krishna District. On 28.5.2018, respondent No. 4 alongwith his henchmen tried to interfere with his possession and therefore, the petitioner has filed a suit in OS No. 71 of 2018 on the file of the learned Principal Senior Civil Judge, Gudivada for injunction and the same is pending. On 1.2.2019, when respondent No. 4 started digging the land adjacent to the petitioner's land to convert the same into fish tanks without any authorization from respondent Nos. 2 and 3, the petitioner got issued a legal notice on 16.2.2019 to respondent Nos. 1 to 3 requesting them to stop the unauthorized and illegal conversion of land into fish tank. As there was no response from respondent Nos. 1 to 3, he has preferred the present writ petition. 4. Learned Counsel for the petitioner submits that respondent No. 1 has issued G.O. Ms. No. 7, Animal Husbandry, Dairy Development and Fisheries (Fish-II) Department, dated 16.3.2013, framing regulations of fresh water aqua culture in the State and issued consolidated orders. As per the said G.O., no person shall carry on fresh water aqua culture without registration in accordance with the said G.O. Respondent No. 2 is the competent authority at the district level to permit fresh water aqua culture by registration. The petitioner has filed some photographs on 15.2.2019 to show the progress of work done by respondent No. 4. 5. The petitioner has filed some photographs on 15.2.2019 to show the progress of work done by respondent No. 4. 5. Learned Government Pleader for Fisheries submits that there is a civil dispute pending between the petitioner and respondent No. 4 viz., OS No. 71 of 2018 on the file of the Principal Senior Civil Judge, Gudivada and the same is pending before the said Court. It is further submitted that the petitioner has not submitted any representation so far and the department has also not received any notice as alleged by the petitioner in his affidavit. It is submitted that the petitioner has also not filed any acknowledgement for receipt of the said notice. 6. Learned Government Pleader for Fisheries refers to G.O. Ms. No. 15, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dated 26.5.2015, and submits that for any disputes under this G.O., appeals shall be made to the Commissioner of Fisheries, Government of Andhra Pradesh, which is an amendment to G.O. Ms. No. 7, Animal Husbandry, Dairy Development and Fisheries (Fish-II) Department, dated 16.3.2013. However, in the light of the facts and circumstances of this case, it is obvious that there is a civil dispute pending before the competent Court between the petitioner and respondent No. 4. The petitioner states that he got issued a legal notice to respondent Nos. 1 to 3 on 16.2.2019. The receipt of the notice is denied by the respondents. No acknowledgement has been filed by the petitioner in proof of receipt of the notice. 7. In the light of these facts, the petitioner, if aggrieved by the actions of respondent No. 4, may resort to appropriate remedy available to him under law. The petitioner may submit a representation to respondent Nos. 2 and 3 in the light of G.O. Ms. No. 7, Animal Husbandry, Dairy Development and Fisheries (Fish-II) Department, dated 16.3.2013 and the same shall be considered by the authorities and appropriate orders shall be passed in accordance with law within eight (8) weeks from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 9. Miscellaneous petitions pending, if any, in this writ petition shall stand closed.