IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26885 of 2007 Between: Kannumuri Krishnamma Rau S/o.Achyutaramaraju R/o. Rajulapeta, H/o. Kollaparru, Akividu Mandal, W.G. District. ..... PETITIONER AND 1 The DIstrict Collector, Eluru, W.G. District. 2 The Revenue Divisional Officer,Narsapuram Division, West Godavari District. 3 The Tahsildar, (MRO) Akividu, W.G. District. 4 The Village Revenue Officer, Akividu Village, Akividu Mandal, W.G. District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue order or orders direction or direction writ or writs particularly one in the nature of "Writ of Mandamus declare the action of the respondents in enjoyment of land situated in Sy.Nos 363/1,2,3 and 365/1,2,3 of Rajulapeta Village as illegal, arbitrary against the Article 19(i) (g) Art-21 and Art. 300-A of the Constitution of India and against the Principles of natural justice consequently direct the respondents not to interfere into the peaceful enjoyment of the above lands by the petitioner and his family members and to pass such other orders Counsel for the Petitioner:MR.K.L.N.SWAMY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.26885 OF 2007 ORAL ORDER: The petitioner states that his family has land in an extent of Ac.10.68 guntas in Survey No.363/1,2,3, and 365/1,2,3 Rajullapeta Village, H/o Kollaparru, Akividu Mandal, West Godavari District and he has been cultivating the said lands without any interruption but due to choking of drainage pipes, the entire drainage system has been destroyed and there is no facility to drain out the excess water from his fields. It is his case that because of the said reason, for more than 15 years there was no paddy crops in his lands and, therefore, he has been practicing as fish cultivator at the time of floods and rainy season and that the Government has also extended its co-operation for taking up fish culture and even the nationalised Banks too have extended their hand by liberally giving loans in regard thereto and that in his case the third respondent-Mandal Revenue Officer, Akividu, has issued no objection certificates several times for raising fish culture and even the Government too collected the land revenue for the said lands as fish tank as they are not within CRZ Area. The main grievance of the petitioner in this writ petition is that some persons claiming to be the subordinates of the third respondent came on 02.12.2007 for removing the fish tanks in the lands in question without issuing any notice and without following the due process of law. Hence, he filed the present writ petition. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. The admitted case of the petitioners is that they have not obtained any prior permission for using the lands in question for fish culture. Therefore, no relief as sought for by the petitioner in this writ petition can be granted to him. However, if the petitioner intends to use the lands in question for fish culture, he is at liberty to make a proper application to the competent authority seeking permission therefor and after obtaining such permission he is at liberty to use the lands in question for fish culture. With the above observations, the writ petition is dismissed at the admission stage. No costs. ______________ N.V.RAMANA, J. Date: 24.06.2008. VGSR