KALIDINDI BALARAMA RAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who are agriculturists filed this writ petition to declare the impugned proceedings dtd. 9/12/2020 issued by the 3rd respondent - Joint Director and Member Convener wherein and whereby cancelled the fresh water aquaculture licenses of the petitioners in respect of the subject aquaculture farms as being illegal, arbitrary and contrary to the provisions of law and violative of Articles 14, 21 and 300-A of the Constitution of India.

(2.) The case of the petitioners is that they owned Ac.2.30 cents, Ac.5.20 cents, Ac.5.17 cents, Ac.4.33 cents and Ac.3.42 cents of land covered by Survey Nos.224-2, 3&5, 105- 2, 88/1, 88/2A-1, 88/2A-2, 88/2B, 2C, 2D, 2E, 2F, 26/AA-2. 26-2, 26/1A-1, 26/1B of Lankalakoderu Revenue Village, Palakollu Mandal, West Godavari District and they obtained licenses in the year 2016. The 3rd respondent issued notice dtd. 1/6/2020 alleging that the 7th respondent made a complaint against the petitioners and other farmers before Lokayukta, Andhra Pradesh vide Complaint No.559/2018/B1 and the petitioners were asked to submit their explanation within 15 days from the date of receipt of the said notice. The petitioners submitted their explanation/ objections on 12/6/2020 to the 3rd respondent requesting the respondents 2 to 6 to consider the real facts and drop the alleged notice dtd. 1/6/2020. On 24/12/2020, the 3rd respondent's Subordinate staff visited the subject aquaculture farms and insisted the petitioners to close the respective tanks showing the proceedings dtd. 09/12/2020 of the 3rd respondent, issued as per the decision of the 120th meeting of District Level Committee dtd. 09/12/2020 directing the petitioners to vacate from their aquaculture tanks alleging that they are resorting to prawn culture in violation of the rules. The impugned proceedings are passed without considering their representations/ objections. Being aggrieved by the impugned proceedings, the present writ petition came to be filed.

(3.) The 6th respondent Fisheries Development Officer, Palakollu Mandal, West Godavari District filed counter on his behalf and also on behalf of Respondent Nos.1, 2, 3 and 4 stating that one Sri Nalli Rajesh made a complaint before the Lok Ayukta, Andhra Pradesh stating that the petitioners are doing unauthorized shrimp culture and requested to take action against them. The Collector and District Magistrate, West Godavari instructed to conduct joint inspection and submit a detailed report on the petitioners' fish tanks. The Mandal Level Committee submitted joint inspection reports on 7/4/2020 stating that the petitioners are doing shrimp culture contrary to the guidelines issued in G.O.Ms.No.7 dtd. 16/3/2013 and G.O.Ms.No.15 dtd. 26/5/2015 and they are releasing polluted water into Rapaka Irrigation Channel. The District Collector/Chairman for Fresh Water Aquaculture on 30/4/2020 had instructed the authorities to issue notice to the petitioners duly calling their explanation. The Joint Director of Fisheries, Eluru issued notice on 01/6/2020 calling for their explanations. The petitioners submitted their explanation on 12/6/2020 stating that the Mandal Level Committee has not done their inspection properly. Thereon, the Joint Director of Fisheries, West Godavar, Eluru issued Memo dtd. 7/10/2020 to the Mandal Level Committee/Convener, Palakollu to conduct re-inspection and submit report. The Mandal Level Committee, Palakollu has conducted joint inspection on 19/10/2020 in the presence of the petitioners and reported that the petitioners are doing shrimp culture and releasing saline water into Irrigation Bodhi, which leads to Rapaka Irrigation Channel without valid permissions from the competent authorities and violated the guidelines issued in G.O.Ms.No.7 dtd. 16/3/2013 and G.O.Ms.No.15 dtd. 26/5/2015. The matter is placed before the 120th District Level Committee meeting on 09/12/2020 for taking necessary action. The District Level Committee chaired by the District Collector has resolved to cancel the licenses and permitted the Joint Director of Fisheries, West Godavari to cancel the licenses as the petitioners have violated clause E(1) of G.O.Ms.No.7 dtd. 16/3/2013. As per the recommendations of 120th District Level Committee, the Joint Director of Fisheries, West Godavari issued the impugned proceedings dtd. 09/12/2020 by cancelling the licenses of the petitioners.