PATHIVADA RAMASWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners claims to be the marginal and small farmers having small extent of agricultural land in various survey numbers in Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District filed this writ petition questioning the final registration certificate No.FRN011600004636 dtd. 31/10/2016 issued by the 2ndrespondent in favour of the 7th respondent and his family members to do fresh water aquaculture in the 7threspondent lands is contrary to the procedure laid down in the guidelines issued in G.O.Ms.No.7 dtd. 16/3/2013 as amended in G.O.Ms.No.15 dtd. 26/5/2015.

(2.) The petitioners in both the writ petitions are one and the same and filed W.P.No.16003 of 2018 being aggrieved by the order passed by the 3rdrespondent Commissioner of Fisheries (Ex-Officio) confirming the final registration certificate in FRNo11600004636 issued in favour of the 7th/8threspondents in W.P.Nos.16269 of 2017 and 16003 of 2018 respectively for fresh water aquaculture farm by proceedings No.2125/P2/2017 dtd. 27/10/2017 in the appeal preferred by the petitioners against the final registration certificate dtd. 31/10/2016 as being illegal and contrary to G.O.Ms.No.7 and 15. 2. In these two writ petitions, petitioners as well as the respondents are one and the same and the cause of action in both the writ petitions is the grant of final registration certificate No. FRN011600004636 on similar facts and law hence, these two writ petitions are heard together and are disposed of by this common order.

(3.) Brief facts of the case are that all the petitioners are villagers of Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District and they are small and marginal farmers holding small extent of agricultural lands in various survey numbers as detailed below and eaking out their livelihood from cultivating their lands: <IMG>JUDGEMENT_146_LAWS(APH)1_2023_1.jpg</IMG> The lands are double crop wet lands and extremely fertile lands irrigated through canal water. Sri Katari Prudvi Raju, 7th/8threspondent in the above writ petitions submitted an application to the 2ndrespondent District Level Committee for grant of provisional registration certificate for doing fresh water aquaculture in respect of his land extent Ac.17.43 cents in Sy.Nos.60/1, 2F, 61/1, 2A, 2B, 62, 65, 65/2 of Gubbalavaripalem, Hamlet of Gollalakoderu Village, Palakoderu Mandal, West Godavari District which are double crop wet lands and extremely fertile and suitable for cultivation. When the 2ndrespondent without conducting any proper enquiry and without giving any opportunity to the neighbouring land owners granted provisional registration certificate for fresh water farming to the 7threspondent on 1/7/2014 to an extent of land Ac.22.78 cents, W.P.No.20520 of 2014 is filed and the same was disposed of directing the respondents to consider the objections raised by the petitioners before granting final registration. But, the 2nd respondent without considering the objections passed orders on 24/7/2014 in favour of 7th/8threspondent permitting him to dig fresh water aquaculture tank, after laying drain pipe lines into the Undi main canal. Assailing the said order, some of the petitioners filed W.P.No.38650 of 2014 and an interim order was granted on 16/12/2014 restraining the 8th respondent from proceeding with the process of laying the drain pipes and the District Level Committee was restrained from considering the application of the 7th/8threspondent for final registration. After filing counter affidavit by the 7th/8th respondent, the writ petition was allowed with the following directions: