PULAVARTHY ANKARAJU Vs. SPECIAL CHIEF SECRETARY TO GOVT

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioners, who are 13 in number, seeking mandamus declaring the action of the respondents 2 to 5 in granting licence to dig fish tanks in an extent of Ac. 239.25 cents comprising R.S. Nos. 72, 69/1, 71/1, 71/2, 30, 32, 33, 38, 39, 40, 35, 44/1, 55/2, 51/2, 63/1A, 55/5A, 56/1B, 52/4, 5, 64/1A, 46/2, 3, 4, 49/1, 2, 50/3, 51/2, 52/6, 53/2, 55/1, 45, 46, 47, 49, 50, 70/1, 225/2, 226/2A, 2B, 227/2A, 2B, 2C, 228/1A, 1B, 2, 3, 232/1A, 232/2, 3, 232/2, 43/3B, 65/2, 65/2, 65/2, 65/2, 250, 251/6, 251/8 and 251/9 of Gogunta, Vasanthawada Villages, Pedapadu Mandal, West Godavari District, is illegal, arbitrary, against the principles of natural justice and violative of Articles 14, 21 and 300A of the Constitution of India, and contrary to G.O.Ms. No. 83, Animal Husbandry, Dairy Development Fisheries (F.II) Department, dated 12.09.2007 and G.O.Ms. No. 18, Animal Husbandry, Dairy Development Fisheries (F.II) Department, dated 26.03.2008 and consequently cancel the licences issued to the respondents 6 to 20.

(2.) The petitioners are agriculturists owning different small extents of double crop wet lands in Vasanthawada and Gogunta villages, Pedapadu Mandal, West Godavari District. Their principal means of livelihood is income derived from their agricultural lands. The lands own by the petitioners are very fertile and double crop wet lands. The respondents 6 to 20 own Ac.239.29 cents in different survey numbers and their lands are towards upper side of the petitioners lands. The respondents 6 to 20 made applications for conversion of their agricultural lands into fish tanks. The authorities by order dated 30.01.2010 accorded permission to the respondents 6 to 20 for conversion of their agricultural lands into fish tanks. The petitioners, on coming to know of the permission being granted to the respondents 6 to 20, made an application under Right to Information Act, 2005, on 22.02.2010 for copies of the orders under which permission has been granted to the respondents 6 to 20 for conversion of their agricultural lands into fish tanks. It is the version of the petitioners that permission was accorded to the respondents 6 to 20 for conversion of the agricultural lands into fish tanks contrary to the guidelines issued in G.O.Ms. No. 83, Animal Husbandry, Dairy Development Fisheries (F.II) Department, dated 12.09.2007 and G.O.Ms. No. 18, Animal Husbandry, Dairy Development Fisheries (F.II) Department, dated 26.03.2008. The objections raised by the petitioners for conversion of the agricultural lands owned by the respondents 6 to 20 into fish tanks are three folded - firstly, the respondents 6 to 20 will be drawing huge quantities of water; secondly, the respondents 6 to 20 will rear fish by using all sorts of artificial feed, chemicals, manures etc.; and thirdly, the stagnated water will be bailed out and let into the main drain and the same will be percolated and enter into drinking water tanks and also surrounding agricultural lands of the petitioners. According to the petitioners, one Sambangi Sravankumar S/o.Satyanarayana of Vasanthawada village, Pedapadu Mandal, West Godavari District, is an highly influential person and he is responsible for securing permissions to respondents 6 to 20 to dig fish tanks in the fertile agricultural lands against all the rules, contrary to the guidelines and various pronouncements of this Court and the Apex Court. Since the permissions secured by the respondents 6 to 20 are contrary to the guidelines issued by the Government and also by this Court and the apex Court, they seek necessary directions to the respondents 1 to 5 to prevent the respondents 6 to 20 from digging the fish tanks in the agricultural lands of Vasanthawada and Gogunta villages, Pedapadu Mandal, West Godavari District.

(3.) Rule Nisi came to be issued on 23.04.2010. An interim order came to be passed restraining the respondents 6 to 20 from digging fish tanks and carrying on aqua operations therein, on the even date vide WPMP No. 12039 of 2010.