IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3093 of 2008 Between: Mutyala Bhaskar Rao, s/o. Manikyam, Kuppanapudi Village, Akiveedu Mandal, West Godavari District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep by its Secretary (Revenue) Secretariat Buildings, Hyderabad. 2 District Collector, West Godavari District, Eluru. 3 Revenue Divisional Officer, Narasapuram Revenue Division, West Godavari District. 4 Tahsildar/Mandal Revenue Officer, Kalla Mandal, West Godavari District. 5 Mandal Revenue Inspector, Kalla Mandal, West Godavari District. 6 Mutyala Narasimha Murthy, S/o. Manikyam, R/o. Matha Apartments, Flat No. 202, Sunkara Paddaiah Street, Bheemavaram, West Godavari District. .....RESPONDENTS 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, preferably a writ in the nature of Mandamus, declaring the action of the Respondents herein in high handedly interfering with the possession of the petitioner's property, situated in Survey Nos. 1/2, 1/3, 5/1, 5/2, 6/1, 5/3, 2/1, 2/2A and 2/2B of Kalla Village, Kalla Mandal, West Godavari District by demolishing the Bund erected by the petitioner for conducting his business in fish culture, as illegal, arbitrary and hence violative of Articles 14 and 300-A of the constitution of India and also declare the action of the respondents as without authority of law and consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner's property or dispossess the petitioner in respect of the lands situated in Survey Nos. 1/2, 1/3, 5/1, 5/2, 6/1, 5/3, 2/1, 2/2A and 2/2B of Kalla Village, Kalla Mandal, West Godavari District and to pass such other order and further orders as this Hon’ble Court may deem fit and proper. Counsel for the Petitioner:SRI P.VENUGOPAL Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.3093 of 2008 ORDER: The petitioner is owner of agricultural land admeasuring Acs.36.00 in survey Nos.1/2, 1/3, 5/1, 5/2, 6/1, 5/3, 5/2, 2/2A, 2/23, 2/3, 3/1, 6/1, 3/4, 5/4, 7/1, 7/2 and 8 of Kalla Village and Mandal in West Godavari District. The fourth respondent acting on a complaint given by sixth respondent issued a notice/order dated 07.02.2008 directing the petitioner to remove the fish tanks within three days. He was also informed that if he fails to do so, fish tanks will be removed at his cost and expense. The petitioner submitted explanation on 12.02.2008. The same is pending before the fourth respondent. The petitioner alleges that without passing any orders on his explanation the Mandal Revenue Inspector came to his lands on 13.02.2008 with a proclainer to demolish the bund of the fish tanks. Therefore, he filed the instant writ petition seeking appropriate mandamus for declaration and direction. After getting instructions, learned Assistant Government Pleader submits that the petitioner has not obtained any permission from the Aqua Culture Authority, for converting agricultural lands into fish tanks. He, however, does not dispute that explanation submitted by the petitioner after receiving notice dated 07.02.2008 is still pending. The Writ Petition is, therefore, disposed of observing that unless and until the fourth respondent considers the explanation submitted by the petitioner and passes yet another order, no coercive action can be taken. Liberty is also given to the petitioner to approach the Aqua Culture Authority for necessary licence/permission for conversion of agricultural lands into fish tanks. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 20.11.2008 vs To 1 The Secretary, Government of Andhra Pradesh (Revenue) Secretariat Buildings, Hyderabad. 2 District Collector, West Godavari District, Eluru. 3 Revenue Divisional Officer, Narasapuram Revenue Division, West Godavari District. 4 Tahsildar/Mandal Revenue Officer, Kalla Mandal, West Godavari District. 5 Mandal Revenue Inspector, Kalla Mandal, West Godavari District. 6 2CCs to G.P for Revenue, High Court of A.P., Hyderabad. 7 2CD copies Form-NIC-OGS/WP{RLD}