Andhra Pradesh High Court
WP/21368/2019 of Nandyala Rambabu, Vs State of Andhra Pradesh on 31 December 2019
SRI JUSTICE M. SATYANARAYANA MURTHY Writ Petition No.21368 of 2019 ORDER: This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, questioning the action of the 3rd respondent in issuing notice No.536/A2/2014-2, dated 12-1-2019 and also trying
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
Arguments
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHYWrit Petition No.21368 of 2019
ORDER:
This petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, questioning the action of the 3[rd] respondent in issuing notice No.536/A2/2014-2, dated 12-1-2019 and also trying to demolish the petitioner’s aquaculture farm in R.S.No.180/1, 180/5 to an extent of Ac.5-26 cents situated at Kuppanapudi Village, Akiveedu Mandal, West Godavari District, even though, the petitioner is having valid permission, and declare the same as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India, and contrary to the provisions of G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish-II- Department, dated 16-03-2015 and G.O.Ms.No.48, AHDD and Fisheries (FII) Department, dated 20-09-2016, and consequently direct the respondent authorities not to interfere in aquaculture activities of the petitioner.
The petitioner and his parents are the absolute owners and possessors of aquaculture farm/fish tank in R.S.No.180/1, 180/5 to an extent of Ac.5-26 cents situated at Kuppanapudi Village, Akiveedu Mandal, West Godavari District. The revenue authorities issued pattadar pass book and title deed in their favour, and they are in possession and enjoyment of the property, and paying land revenue to the authorities.
The petitioner converted his land into fish tank in the year 1993, after obtaining necessary permission from the competent authority. At that time, the Superintending Engineer, Irrigation Department, issued proceedings vide No.CB/I.C/484 M., dated 24-02-1993 for granting drainage facilities to the fish tank. Since then, the petitioner has been carrying on aquaculture operation without let or hindrance.
The District Level Committee regularized the fish tank vide Registration No.EA011600018922, dated 19-04-2016 as per G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (FII) Department, dated 16-03-2013 and amendment issued vide G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (FII) Department, dated 26-05-2015.
On 12-11-2019 the 3[rd] respondent issued notice impugned in this Writ Petition, stating that based on the complaint given by the 8[th] respondent on 29-07-2019, the Mandal Level Committee members verified fields, cultivating prawn tank contrary to the guidelines and directed to vacate the prawn tank within 15 days of the notice. Therefore, issuance of such direction is contrary to the Government Orders referred above and principles of natural justice and requested to pass appropriate order.
Learned counsel for petitioner though raised several contentions in the petition, the learned Assistant Government Pleader for Fisheries and Dairy Development contended that no notice is required to be issued before issuing direction impugned in this Writ Petition and apart from that the petitioner himself approached the authorities and requested to verify the tanks as averred in para 6 of the Writ Affidavit and thereby there is no necessity to issue any prior notice before issuing order impugned in this Writ Petition, and requested to dismiss the petition.
In the said notice, the respondents directed the petitioner to vacate the fish tanks referred above within 15 days, as the petitioner rearing prawn with blackish water, which is contrary to G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (FII) Department, dated 16-03-2013 and amendment issued vide G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (FII) Department, dated 26-05-2015.
For any reason, the petitioner is found rearing prawns in the tanks, an opportunity has to be given, when there is dispute with regard to the nature of the cultivation, calling upon the petitioner to explain that he is not rearing prawns in the tanks and cultivating fish culture in the tanks, but no such notice was issued and straight away passed an order directing the petitioner to vacate the tanks within 15 days from the date of notice.
Therefore, issuance of such direction, without issuing prior intimation or notice is against the principles of natural justice and therefore the petitioner is directed to treat the impugned notice bearing No.536/A2/2014-2, dated 12-11-2019 as show-cause notice and permitted to give his explanation within 15 days from today and on submission of such explanation to the notice, the respondents are directed to pass appropriate order, in accordance with law affording an opportunity to the petitioner before passing such an order. Till passing such order, the respondents are directed not to take any coercive steps to demolish/vacate the tanks referred above.
With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
___________________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 31-12-2019 IS
THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY
Writ Petition No.21368 of 2019
Date: 31.12.2019
IS