S. VENKATA RAMANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents 2 to 6 in not allowing the petitioner to draw water from bore well for supplementing the losses from evaporation, seepage, etc., to his aquaculture field situated in Krapa Sankarayyagudem Village, Ainavilli Mandal, East Godavari District, contrary to Clause 7.15 of G.O.Ms.No.7, Animal Husbandry, Dairy Development and Fisheries (Fish.II) Department, dtd. 16/3/2013, which is being illegal and arbitrary.

(2.) Heard Smt. Pulipati Radhika, learned counsel for the petitioner and learned Government Pleader for Fisheries.

(3.) The gravamen of the petitioner is that the petitioner has been cultivating aquaculture in the fish tank covered by the land extent Ac.5.10 cents situated in Sy.Nos.62/2, 63/7, 63/7, 62/1, 62/2, 62/2 and 62/1 of Krapa Sankarayyagudem Village, Ainavilli Mandal, East Godavari District. As the income source through the cultivation is meager and not sufficient, he has applied for issuance of permissions before the competent authority for existing aquaculture in the aforesaid land. Considering the existing aquaculture farm, as per G.O.Ms.No.7 dtd. 16/3/2013 and as amended by G.O.Ms.No.15, Animal Husbandry, Dairy Development and Fisheries (Fish) Department, dtd. 26/5/2015, permissions were granted to the petitioner for continuation of existing aquaculture in an extent of Ac.4.08 cents out of total farm area of Ac.5.10 cents in the aforesaid survey numbers by issuing the Certificate of Registration of Existing Fresh Water Aquaculture Farm dtd. 19/2/2016. He spent huge amounts for maintenance of aquaculture farms and he has been doing aquaculture as per the guidelines issued in G.O.Ms.No.7 dtd. 16/3/2013. However, the respondents 3 to 6 are not allowing him to use the bore wells dug in the land, stating that it was contrary to the provisions of WALTA Act, 2002 and Clause 7.15 of G.O.Ms.No.7 dtd. 16/3/2013. However, he is cultivating the fresh water aquaculture in the fish ponds by drawing water from irrigation canals and drainage channels by paying water cess, but he is drawing the water from the bore wells to replenish the evaporated water in the fish ponds only as per Clause 7.15 of G.O.Ms.No.7 dtd. 16/3/2013. Moreover, the aqua ponds are being filled only with the fresh water for aquaculture, but to fill with any salt water. Due to water evaporation and shortage of oxygen in the water, he is using bore wells to draw the water once in a week at least 10% of the tank as per Clause 7.15 of G.O.Ms.No.7 dtd. 16/3/2013. But, the respondents 3 and 4 arbitrarily and contrary to law are objected the using of bore wells and draw the water in his aquaculture farm by seizing the bore wells, which is illegal, arbitrary and contrary to Clause 7.15 of G.O.Ms.No.7 dtd. 16/3/2013.