Andhra Pradesh High Court
WP/16524/2026 of A.Chalapathi Rao Vs The State of Andhra Pradesh, on 5 July 2026
for orders : Date of pronouncement : 06.07.2026 Date of uploading : 13.07.2026 APHC010310272026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO:
Date of reserved for orders :
Date of pronouncement : 06.07.2026
Date of uploading : 13.07.2026
APHC010310272026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE 6th DAY OF JULY 2026
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 16524/2026
Between:
1. A.CHALAPATHI RAO, S/O.A.NAGESWARARAO, AGED ABOUT 54
YEARS R/O.MUCHARLA VILLAGE, PEDANA MANDAL, KRISHNA
DISTRICT.
2. A.BHARATHI, W/O.A.CHALAPATHI RAO, AGED ABOUT 52 YEARS, R/O.MUCHARLA VILLAGE, PEDANA MANDAL, KRISHNA DISTRICT
...PETITIONER(S)
AND
1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL
SECRETARY, DEPARTMENT OF FISHERIES, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238.
2. ANDHRA
PRADESH
STATE
AQUACULTURE
DEVELOPMENT
AUTHORITY,
REP.BY
ITS
CHIEF
EXECUTIVE
OFFICER,
TADEPALLI, GUNTUR DISTRICT-522004.
3. THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT LEVEL
COMMITTEE,
APSADA,
CHILAKALAPUDI,
MACHILIPATNAM,
KRISHNA DISTRICT-521001.
4. THE
DEPUTY
DIRECTOR
OF
FISHERIES,
KRISHNA
AT
MACHILIPATNAM, KRISHNA DISTRICT-521001.
5. THE TAHSILDAR, PEDANA MANDAL, KRISHNA DISTRICT-521366.
6. GOTTUMUKKALA
PRAVEEN
KUMAR
VARMA,
S/O.
GOTTUMUKKALA SUBRAHMANYAM RAJU, AGED MAJOR R/O.
CHINAMIRAM (RURAL), BHIMAVARAM (R) MANDAL. WEST
GODAVARI DISTRICT-534204.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the inaction of the official respondents in granting new license No.AQNLFWKR126671 dt.
25-05- 2026 issued in favor of the 6th Respondent for new fresh water Aqua Culture farm (Outside the Agricultural Zone) in an extent of Ac. 10-86 cents in survey Nos.81-3, 84-1, 84-1,81-2,81-1 of Mucherla Village, Pedana Mandal, Krishna District is contrary to the orders dt.28-03- 2025 in W.P.No.8078 of 2025 of this Honble court and in violation of provisions of A.P. State Aqua Culture Development Authority Act and rules made there under and in violation of principles of natural justice and consequently set aside the same and pass IA NO: 1 OF 2026
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to grant stay of converting the agricultural land in an extent of Ac. 10- 86 cents in survey Nos.81-3, 84-1, 84-1,81-2,81-1 of Mucherla Village, Pedana Mandal, Krishna District by suspending the license No.AQNLFWKRI26671 dt:25-05-2026 issued in favor of the 6^^ Respondent, pending disposal of the above writ petition and pass Counsel for the Petitioner(S):
1. SAI GANGADHAR CHAMARTY
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. GP FOR FISHERIES
The Court made the following:
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ORDER:-
Heard Sri Sai Gangadhar Chamarty, learned counsel for the petitioners and learned Government Pleader for Fisheries appearing for the respondent Nos.1 to 4.
2. The instant writ petition is filed challenging the action of the respondents in granting permission for aquaculture in favour of the 6th respondent in respect of the land in an extent of Ac.10.86 cents in Sy.Nos.81-3, 84-1, 81-2, 81-1 of Mucherla Village, Pedana Mandal, Krishna District.
3. It is contended by learned counsel for the petitioners that the petitioners earlier approached this Court by way of writ petition in W.P.No.8078 of 2025, challenging the proposal of the respondents to consider the request of the unofficial respondent for granting permission for aquaculture. The said writ petition was disposed of taking note of the written instructions of the respondents furnished to the Government Pleader observing that: “3. The relevant portion of the Written Instructions is usefully extracted hereunder: "Further, it is to submit that earlier bunds raised in the subjected land, due to the objections raised by the surrounding farmers, the process has been stopped. Based on the Writ Petition filed in the High court of Andhra Pradesh, Amaravathi, Field inspection has been conducted again on 25.03.2025 along with Revenue inspector, Pedana mandal, Fisheries Development Officer,
Bantumilli and Village Revenue Officer, Mucharla village, as per the real time observations as on date it is found that there is no process of illegal conversion of Agriculture lands into fish tanks is taking place. And a notice is being issued to the concerned person from Mandal Level Committee, Freshwater Aquaculture, Pedana Mandal stating that not to convert Agriculture lands into fish tanks without proper permissions from Andhra Pradesh State Aquaculture (APSADA). Development Authority Act-2020 (APSADA).
Hence, it is submitted that as per the real time observations as on date no illegal conversion of Agriculture lands into Fish tanks have been taking place in the above mentioned subjected land."
4. The above extract would indicate that, as on date, no illegal conversion of agricultural lands into fisheries has been made.
4. Learned counsel for the petitioners submits that despite the said order, the respondents have not conducted any enquiry. The respondents have issued the license, which is not in accordance with the provisions of Andhra Pradesh State Aquaculture Development Authority Act, 2020 (for short, “APSADA Act, 2020”). Thus, the petitioners have brought the same to the notice of the District Collector. After receipt of the said representation, the District Collector furnished the license granted to the unofficial respondent, granting permission to establish new fresh water aqua culture farm. The unofficial respondent is proceeding with the digging of the land for establishment of fish tanks for aquaculture purposes, thus, the petitioners have filed instant writ petition.
5. When the matter has been taken up for consideration, the learned Assistant Government Pleader for Fisheries has placed before the Court a copy of the instructions received by him in the case. A perusal of the same would reflect that the application was filed for issuance of license for new fresh water aqua culture farm (Outside the Aquaculture Zone) in accordance with the provisions of APSADA Act, 2020 vide service request in Form-V, in the e-matsyakar portal. The said application was processed and the permission was granted after following the due procedure and after obtaining no objection from the Gram Panchayat. Thus, the Assistant Government Pleader submits that the proceedings of the respondent authorities are in accordance with law.
6. Learned counsel for the petitioner referring to the provisions of APSADA Act, 2020 and the representation filed before the District Collector, submits that the said permission granted in favour of the unofficial respondent without considering the petitioners’ objection and the same is prejudicial to their interests in as much as the subject lands are adjacent to the petitioners’ land and would be detrimental to the petitioners agricultural land and also to the surrounding lands of the area.
7. Having regard to the same, since the representation dated 08.06.2026 filed before the 4th respondent is pending, this Court deems it appropriate to direct the 4th respondent to dispose of the representation dated 08.06.2026 within four (4) weeks from the date of receipt of the order after giving opportunity of hearing to the petitioners and the unofficial respondent.
8. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 06.07.2026 ANI
Whether the order is: Speaking ☑ Reasoned
Reportable
Non-reportable ☑
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO:16524 of 2026
Dated: 06.07.2026
ANI