V SUBBARAYAM Vs. ASSISTANT ENGINEER AND OTHERS

JUDGEMENT

(1.) The petitioner submits that he is the absolute owner of the patta lands being agricultural lands totally measuring acres 7.22 cents in various Suvey Numbers which includes Acre 1.03 cents in Survey No.71/2. The petitioner further submits that patta bearing No.418 issued by Head Quarters Deputy Tahsildar, Attur, Adangal Extract stands in his name evidencing his possession and enjoyment of the property. The petitioner further submits that he was doing agricultural activity in the said lands and since it was not yielding much profit, he had submitted an application to the fourth respondent for financial assistance and for permission to undertake fish cultivation in his lands. The petitioner further submits that on the perusal of his application, authorities from the fourth respondent came and surveyed his lands and suggested to ensure uninterrupted water supply is available in the lands which is essential for the fish culture. The petitioner further submits that based on the suggestion, he spent Rs.2,00,000/- and installed a bore well in his land and the authorities re-surveyed his lands and made all arrangements to establish fish cultivation in his lands and also fitted a motor pump to pump out water from the bore well. The petitioner further submits that the authorities from the Fisheries Department have dug 5 huge pits for breeding fish in his land.

(2.) The petitioner further submits that he made all arrangements to commence breeding of fish and the fourth respondent is also ready to supply the fishing required for the breeding purpose immediately. The petitioner further submits that in such circumstances, he had in parallel submitted all necessary application and documents to the first respondent for electricity connection for his land which is very important to pump water from the bore well. The petitioner further submits that though he has given all papers and documentations, the respondents were delaying in providing the electricity connection as required and in spite of several representations, the first respondent did not take any step. The petitioner further submits that the third respondent wantonly identified a spot near to his bore well to dig bore well for drinking water to the Village knowing fully that he is in the process of starting the fish breeding and that he has applied for EB connection from the first respondent. The petitioner further submits that he has dug the bore well in his land long time back and it is purely with malafide intention that the third respondent had fixed a spot near his bore well. The petitioner further submits that in Kalayanagiri Village, there are several other places where there is good source of water and which are ideal for installing bore well and will help the people of the Village with ample source of drinking water. The petitioner further submits that the third respondent without considering the benefit of the people, is only bent upon the spot near his bore well which itself goes to prove that the third respondent is trying to stop him from continuing fish breeding activity and is taking extreme steps to achieve their goal.

(3.) The petitioner further submits that the actions of the third respondent is not only creating lot of hardship to him, but it is also trying to waste the money spent by the Government in converting his land into a fish breeding centre. The petitioner further submits that the third respondent is fully aware of his activities and is wantonly trying to affect his business and is doing all possible hindrances with ulterior motive. The petitioner further submits that the land selected by the third respondent to dig bore well is a poramboke land and the third respondent has not got any approval from authorities concerned and therefore, it is clear that the third respondent has not followed any protocol that is involved in digging bore wells. The petitioner further submits that he has received the impugned order, dated 05.07.2014 stating that the third respondent had raised objection to provide electricity connection to his land as they have proposed to dig a bore well very near to his bore well and thereby objecting to provide electricity connection to his land. The petitioner further submits that the third respondent is very well aware of all the steps taken by him to establish the fish breeding farm in his land and about the bore well in his land. The petitioner further submits that he has already obtained No Objection Certificate from the fifth respondent which clearly states that there is no bore well in and around 100 meters from his bore well and that there is no objection to provide electricity connection to his land. The petitioner further submits that this proves that the third respondent is trying to wantonly create a problem and is unnecessarily hampering his fish cultivation. The petitioner further submits that electricity is very important for this fish breeding and the Government vide proceedings in Do.IR.No.40580/F2/2011, dated 08.07.2013 had given concession in the EB tariff for all farmers who wish to indulge in fish cultivation. The petitioner further submits that when the Government is encouraging farmers like the petitioner to take up fish cultivation and is providing all financial and other support in that regard, the third respondent is for her own cause trying to wantonly stop him from continuing the fish cultivation process. The petitioner further submits that he had spent a huge amount for this fish breeding activity and his land has also been converted specifically to carry on fish breeding activity and therefore, the land cannot be used for any other purpose. Hence, the petitioner entreats the Court to allow the above writ petition.