IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9402 of 2006 Between: A.Tulasi Rao S/o.Veeru Naidu Visakha Livestock Dev Association Visakhapatnam ..... PETITIONER AND 1 Govt.. of A.P. Rep. by its Principal Secretary Animal Husbandry Dept., Secretariat, Hyderabad 2 The District Collector, Visakhapatnam 3 Chief Executive Officer A.P.Livestock Dev., Agency, Hyderabad 4 General Manager, Visakha Livestock Dev., Association, Visakhapatnam 5 The Principal Secretary Revenue., Govt., of A.P., Hyderabad. 6. Visakha Institute of Medical Sciences, rep. by its Special Officer & OSD, Plot No.5, D.No.8-4-10, Doctors Colony, Pedawalter, Visakhapatnam-17. 7. APHMHIDC, rep. by its Managing Director, 3rd Floor, DM & HS Campus, Sultan Bazar, Koti, Hyderabad. 8. R.V. Rayanam, S/o. Sri Venugopala Rao, 65 years, Contractor, R/o. Kakinada, E.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 issue any writ, order or direction particularly one in the nature of MANDAMUS declaring the action of the respondents in no giving eﬀect to the minutes dt.18/4/2005 before acting in terms of G.O.Ms.No.240, dt.25/2/2006 is arbitrary, illegal and direct the respondents to forthwith and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case Counsel for the Petitioner : DR. P.B.VIJAY KUMAR Counsel for the Respondent No.: GP FOR ANIMAL HUSBANDARY Counsel for the Respondent Nos.6 & 7: Advocate General Sri PVA Padmanabham Counsel for the Respondent No.8 : SRI MRK Chowday, Sr. counsel Sri N. Jayasurya The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9402 OF 2006 ORDER : The petitioner herein is the Vice-President of Visakha Livestock Development Association which is functioning as Frozen Semen Distribution agent to the Artiﬁcial Insemination Centres in the Districts of Visakhapatnam, Vizianagaram and Srikakulam. It is stated that it is highly essential to produce green fodder for feeding High pedigreed Bulls in the existing Frozen Semen Bull Station and livestock of Bull Mother Farm round the year and for the said purpose fodder development is being taken up in large scale. Keeping in view the requirements of Visakhapatnam Livestock Development Association, a meeting was held by the Chief Executive Oﬃcer of the A.P. Livestock Development Agency, Hyderabad with the District Collector of Visakhapatnam on 18.4.2005 and among other things it was decided and agreed upon to allocate 300 acres of suitable land in Anandapuram Mandal with ground water potential and fertile top soil suitable for cultivation of fodder approximately within 20 kms radius of Visakhapatnam city. It was also decided and agreed upon to make arrangements for allocation of Rs.75 crores for development of infrastructure at the new site to be identiﬁed and allocated for the Government Dairy Farm/Frozen Semen Bull Station. Consequent upon the said decisions vide minutes dated 18.4.2005, the Government of A.P. issued G.O.Ms.No.240, Revenue (Assignment-1(2)) Department, dated 25.2.2006 ordering immediate transfer of Ac.111.01 cents of land from Animal Husbandry Department to Revenue Department. However, the District Administration started allotting the lands for forming internal roads thereby changing topography of the entire land contrary to the minutes dated 18.4.2005 as per which 60 acres of land was required to be retained for the purpose of the petitioner. Aggrieved by the said action of the respondents, this writ petition is ﬁled seeking a declaration that the action of the respondents in not implementing the minutes dated 18.4.2005 before acting in terms of G.O.Ms.No.240, dated 25.2.2006 as arbitrary and illegal. This Court while issuing Rule Nisi, by order dated 10.12.2007 directed to maintain status quo as on that date and ensure that no construction or development activity is undertaken in the subject land by any third parties. While so, during the pendency of this writ petition, the Revenue Department issued orders dated 7.8.2008 permitting the District Collector, Visakhapatnam to hand over the advance possession of the Government land to an extent of Ac.299.95 cents in Sy.Nos.113 (p), 114, 109, 117 and 110 of Antakapalli Village, Sabbavaram Mandal, Visakhapatnam District to the Department of Animal Husbandry for establishment of Frozen Semen Bull Station and for fodder development. In turn, the District Collector issued orders dated 14.8.2008 instructing the Tahsildar, Sabbavaram, to hand over the advance possession of the said land to the Department of Animal Husbandry. Accordingly, the Tahsildar, Sabbavaram Mandal, Visakhapatnam District handed over the advance possession of Ac.299.95 cents of the above said land to the Joint Collector (Animal Husbandry), Visakhapatnam on 22.8.2008 pending finalisation of regular alienation proposals. In the light of the above said proceedings, the learned Government Pleader for Animal Husbandry submitted that clause (3) of the Minutes, dated 18.4.2005 has been implemented. The said fact has not been disputed by the learned counsel for the petitioner. So far as the other decision in the minutes dated 18.4.2005 with regard to allocation of Rs.75 crores for development of infrastructure at the new site is concerned, the learned Government Pleader, under instructions, submitted that steps have already been initiated for allocation of required funds. Having regard to the subsequent events noticed above, no further enquiry is necessary in the writ petition. Accordingly, the Writ Petition is disposed of with a direction to the respondents 1 to 5 to pass appropriate orders for allocation of required funds for the development of Visakha Livestock Development Association as expeditiously as possible preferably within a period of three (3) months from the date of receipt of this order. Needless to mention that the interim order of status quo dated 10.12.2007 shall stand vacated. No costs. ______________ G. ROHINI, J. Dt. 29.08.2008 gbs