Andhra Pradesh High Court

WP/20250/2019 of K GEETA Vs State of Andhra Pradesh on 31 December 2019

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SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.20250 OF 2019 ORDER: This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of mandamus declaring the action of the respondents in seizure and demolition of petitioners aqua ponds pursuant to the

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.20250 OF 2019

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ORDER:

This writ petition is filed under Article 226 of the Constitution of India, to issue Writ of mandamus declaring the action of the respondents in seizure and demolition of petitioners aqua ponds pursuant to the second respondent’s order in R.C.No.536/A2/2014-4 dated 26.11.2019 as illegal, arbitrary and violative of principles of natural justice, apart from being violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently to set-aside the same.

The main grievance of these petitioners is that the petitioners are rearing prawns in the fish tanks in dispute, but they are rearing fish in the tanks.

When a notice was issued to this petitioner on 12.07.2019 by the second respondent, these petitioners submitted an explanation on 30.07.2019 and the same was challenged in W.P.No.17682 of 2019. Despite the direction issued by this Court in W.P.No.17682 of 2019 to consider the explanation dated 30.07.2019 and pass appropriate orders, the impugned order is passed alleging that, no explanation was received by the office of the second respondent/Joint Director, Fisheries Department.

Reply to the show cause notice was submitted to the second respondent/Joint Director, Fisheries Department, Eluru & Member Convener, District Committee, West Godavari on 30.07.2019 and receipt of the same was acknowledged by the Assistant Director, Fisheries Department, which is evident from the acknowledgment on the bottom left corner of the reply notice, though it was addressed to the second respondent. Even otherwise, the learned Assistant Government Pleader for Fisheries fairly conceded in the earlier round of litigation in W.P.No.17682 of 2019 requested to pass appropriate orders, based on the explanation dated 30.07.2019.

During hearing, learned Assistant Government Pleader for Fisheries submitted that the second respondent/Joint Director will pass appropriate orders considering the explanation received by the petitioners dated 30.07.2019, since the Joint Director is not aware of the acknowledgment by the Assistant Director on the reply notice. Therefore, the order impugned in this writ petition is illegal and the same is set-aside, while directing the second respondent/Joint Director to pass appropriate orders, considering the explanation dated 30.07.2019, which is part of record in the present writ petition at Page No.28. Learned Assistant Government Pleader for Fisheries is also requested to furnish copy of the explanation dated 30.07.2019 received by the Assistant Director of Fisheries to the second respondent/Joint Director, Fisheries Department, Eluru, enabling him to pass appropriate order(s) in accordance with law, after affording an opportunity to these petitioners. Till passing of final orders by the second respondent, the second respondent is directed not to demolish the fish tanks in question.

With the above direction, writ petition is disposed of. No costs.

Consequently, miscellaneous applications pending if any, shall stand closed.

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JUSTICE M. SATYANARAYANA MURTHY Date:31.12.2019 sp

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