HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE N. RAVI SHANKAR W.P.NO.14907/2010 DT. 7-3-2011 1. Vanapalli Tata Rao and others …Petitioners V. 1. The Deputy Director for Fisheries, Fisheries Department, Eluru, West Godavari District and others. ..Respondents HON’BLE SRI JUSTICE A.GOPAL REDDY AND HON’BLE SRI JUSTICE N.RAVI SHANKAR W.P.NO.14907/2010 ORAL ORDER: (Per the Hon’ble Sri Justice A. Gopal Reddy) This writ petition is filed seeking a writ of Mandamus declaring the action of the sixth respondent in converting and proceeding with the digging of aqua culture/fish tank in fertile agriculture lands is contrary to the guidelines issued in G.O.Ms.No.83, Animal Husbandry Dairy Development & Fisheries (F- II) Department: violative of Arts. 14,21,46, 300-A of the Constitution of India and also to the decisions reported in Karanam Radha Krishnaiah Vs Mandal Executive Magistrate and Mandal Revenue Officer, Muthukur Mandal (2001(2) ALD 642) and S.Jagannath V. Union of India (AIR 1997 SC 811) and to restrain the respondents including the sixth respondent from converting his agricultural lands into fish pond, which is abutting the agricultural lands of the petitioners situated in R.S.Nos.530, 555, 558, 559 and 562 in the ayacut of Chinakapavaram village, Akiveedu Mandal, West Godavari District. This court while issuing notice before admission, on 5-7- 2010 granted interim direction to the third respondent to consider the representation dt. 18-5-2010 submitted by the petitioners and take appropriate action after putting on notice to the effected parties. The respondents 3 to 5 filed a detailed counter- affidavit along with WVMP No.4310/2010 stating that the sixth respondent and his family members are having agricultural lands about Ac.50.00 cents nearer to the lands of the petitioners on northern side and the sixth respondent has not applied for grant of permission for conversion of agricultural land of himself and his family members into aqua culture by digging tanks. The Village Revenue Officer, Chinakapavaram and Mandal Revenue Inspector, Akiveedu inspected the lands of the petitioners as well as the lands of the sixth respondent and his family members and when they contacted the sixth respondent, whether there is any proposal for converting his land and his family members into aqua culture by digging tanks, the sixth respondent informed them that there is no such proposal. The petitioners filed the writ petition on mere apprehension. In case, the sixth respondent files any application in future for grant of permission for conversion of the lands of himself and his family members into aqua culture by digging tanks, the revised comprehensive guidelines and procedure issued in G.O.Ms.No.24, Animal Husbandry, Diary Development and Fisheries (F-II) Department dt. 9-4-2010 and G.O.Ms.No.47, Animal Husbandry, Diary Development & Fisheries (F-II) Department, dt. 24-6- 2000 will be followed strictly without causing any damage to the petitioners’ agricultural lands, as such new cases are to be permitted for setting up of new fresh water aqua culture units by State Level Committee, and directions issued by this court in Karanam Radha Krishnaiah Vs Mandal Executive Magistrate and Mandal Revenue Officer, Muthukur Mandal (2001(2) ALD 642) will also be followed strictly. In view of the categorical assertion by the respondent 3 to 5 that the sixth respondent has not applied for grant of permission for conversion of agricultural lands of himself and his family members into aquaculture and in case any application is filed for conversion, they will follow the guidelines issued in that regard strictly, no further orders are necessary to be passed. The writ petition is accordingly dismissed. It is needless to say in the event of sixth respondent obtains any permission for conversion of his agricultural lands into fish pond, the petitioners are at liberty to avail the remedies as are available to them under law. No costs. _______________ A. GOPAL REDDY, J _________________ N. RAVI SHANKAR,J Date: 7-3-2011 kmr