IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE THIRD DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.10900 of 2010 Between: S.V.Nagabhushana Reddy. … Petitioner And: The Government of Andhra Pradesh, Reptd., by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Secretariat, Hyderabad and others. … Respondents Counsel for the petitioner: Sri K.Sankara Rao for Sri V.Mallik. Counsel for the respondents: None. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal. This Writ Petition is filed for a Mandamus to declare that the petitioner has a deemed permission for carrying on fishing activities in respect of Ac.23.80 cents in Survey Nos.73 to 76 of Pamulapudi village, Pedaparapudi Mandal, Krishna District. I have heard the learned counsel for the petitioner and perused the record. The petitioner pleaded that as the neighbouring land owners converted their lands into fish tanks, it has become impossible for the petitioner to continue the agricultural operations in his lands. Therefore, intending to convert his lands into fish ponds, the petitioner made an application on 4-3-2010 to respondent No.3 for grant of permission. According to the petitioner, on the expiry of 60 days period from the date of making of application, he is deemed to have got permission under G.O.Ms.Nos.83 and 18, dated 12-9-2007 and 26-3-2010 respectively. He, therefore, pleaded that by virtue of the said deemed permission, he is entitled to convert his lands into fish ponds with effect from 3-5-2010 and the respondents are not entitled to interfere with his said activity. A perusal of the record shows that the State Government issued G.O.Ms.No.24, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 9- 4-2010, in supercession of the previous G.Os., including G.O.Ms.Nos.83 and 18, referred to above. It is not disputed by the learned counsel for the petitioner that this G.O., does not contain the deeming provision. Even if the earlier two G.Os., were in existence when the petitioner made his application, with the advent of G.O.Ms.No.24 with effect from 9-4-2010, the said G.Os., ceased to be in operation. Admittedly, the period of sixty days from the date of making of the application by the petitioner did not expire when G.O.Ms.No.24, dated 9-4-2010, was issued. Therefore, by the time the deeming clause has come into operation, the G.Os., themselves have ceased to exist. In this view of the matter, the plea of the petitioner that by virtue of the deeming provision contained in G.O.Ms.Nos.83 and 18 his client is entitled to commence the fishing operations by converting his lands into fish ponds cannot be accepted. Alternatively, the learned counsel for the petitioner requested for a direction to the respondents to dispose of the petitioner’s application at an early date. I find this request of the learned counsel reasonable. Accordingly, the Writ Petition is disposed of with the direction to the respondents to ensure that the petitioner’s application is disposed of expeditiously and not later than 2 months from the date of receipt of a copy of this order. -------------------------------------- C.V.NAGARJUNA REDDY,J Date:03-6-2010 MNR