IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.5141 of 2010 Between: Kovelamudi Radha Krishna ..... Petitioner AND 1.The District Collector, West Godavari District, Eluru and 3 others. .....Respondents Counsel for the Petitioner: Sri K.V.N.Bhupal Counsel for Respondent Nos.1 to 3: AGP for Revenue Counsel for Respondent No.4: GP for Fisheries The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 to 4, in interfering with formation of fish tanks by the petitioner and his family members over their land admeasuring Ac.32-00 cents, situated in Survey Nos.165 to 180 of Chettunnapadu Village, Bhimadole Mandal, West Godavari District, as illegal and arbitrary. I have heard Sri K.V.N.Bhupal, learned Counsel for the petitioner, the learned Assistant Government Pleader for Revenue representing respondent Nos.1 to 3 and the learned Government Pleader for Fisheries representing respondent No.4. The grievance of the petitioner is that though respondent No.1 has granted permission to carry on fish culture over the abovesaid land, respondent Nos.2 to 4 are preventing him from doing so. At the hearing, the learned Assistant Government Pleader for Revenue and the Government Pleader for Fisheries, representing respondent Nos.1 to 3 and 4 respectively, submitted that respondent No.1 has granted permission for locating fish tanks in Survey No.166/1 only and contrary to the said permission, the petitioner is seeking to form fish tanks in other survey numbers, as mentioned in the prayer of the Writ Petition. A perusal of the permission granted by respondent No.1 shows that the same was granted in respect of an extent of Ac.32-00 acres of land in Survey No.166/1. The learned Counsel for the petitioner submitted that the said Ac.32-00 cents of land is comprised not only in Survey No.166/1 but also in various other survey numbers being Survey Nos.165 to 180 of Chettunnapadu Village, Bhimadole Mandal, and that non-mentioning of the other survey numbers in the permission granted to the petitioner, is, obviously, an omission. The learned Counsel for the petitioner may be right in making the above submission. However, if the absence of Survey Nos.165 to 180 other than Survey No.166/1 in the permission, granted by respondent No.1, is an omission, the petitioner is entitled to approach respondent No.1 for appropriate modification thereof. So long as all the survey numbers are not incorporated in the said permission, the action of respondent Nos.2 to 4 in preventing the petitioner from formation of fish tanks over the lands, located in Survey Nos.165 to 180 other than Survey No.166/1, cannot be held to be illegal. In this view of the matter, the Writ Petition is disposed of with liberty to the petitioner to approach respondent No.1 for modification of the permission granted in his favour, so as to include therein Survey Nos.165 to 180 along with Survey No.166/1. As a sequel to disposal of the Writ Petition, WPMP.No.6615 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 5th March, 2010 lur