IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SUNDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11476 of 2009 Between: 1 Guda Sudharshan Rao S/o Saarvesh Rachuru(V) Unguturu(M) West Godavari District 2 Perumalla Veera Brahman S/o.Satyam Lalitha Medical Shop Main Road Ganapavaram West Godavari District ..... PETITIONER(S) AND 1 The Deputy Director Fisheries West Godavari, Eluru West Godavari District 2 The District Collector Eluru West Godavari District 3 The Tahsildar Unguturu(M) Unguturu,West Godavari District 4 Muthyala Nageswara Rao S/o.Ramachandra Rao Ravaluparru(V) Unguturu(M),West Godavari District 5 Chintapalli Rami Reddy S/o.Venka Reddy Sai Baba Temple Street OPP.E.Seva Tadepalligudem,West Godavari District 6 Chintapalli Gangi Rami Reddy S/o. Subba Reddy Rachuru(V) Unguturu(M),West Godavari District 7 Chintapalli Subbaramanya Reddy S/o. Gangi Reddy Rachuru(V) Unguturu(M),West Godavari 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 to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1to 3 in not preventing the respodents No.4to 7 from digging the fish tanks inSY Nos 324/1 325,335,324/1 of Ravulaparru(V) Unguturu(M) West Godavari District without obataining permission and contrary to the rules affecting the petitioners lands in Sy No.324/1,324/2 and 325 of Ravulaparru(V) Unguturu(M) West Godavari District arbitrary illegal and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : O R D E R:- The assertion of the petitioners is that they are absolute owners and possessors of an extent of Ac.1.20 cents and Ac.3.00 cents of agricultural lands respectively situated in Ravulaparu village, Unguturu Mandal, West Godavari District and in peaceful enjoyment of those lands by raising paddy crop in them. While so, respondent Nos.4 to 7 converted part of the lands, which are adjacent to the petitioners’ lands, into fish tanks by digging, without obtaining permission from the official respondents, and according to the petitioners, if the unofficial respondents are allowed to proceed with the digging of fish tanks, the petitioners’ lands will become unsustainable for cultivation. Then, the petitioners made a representation, dated 09.06.2009 to the 3rd respondent-Tahsildar requesting him to prevent them from digging fish tanks near their lands, and now, their grievance is that the official respondents have neither initiated any action against the unofficial respondents nor passed any orders on their representation. Heard the learned counsel for the petitioners and the learned Government Pleader for Fisheries appearing for the 1st respondent and the learned Government Pleader for Revenue appearing for respondent Nos.2 and 3. Inasmuch as the representation dated 09.06.2009 said to have been made by the petitioner is pending consideration before the 3rd respondent, both the learned counsel for the petitioners and the learned Government Pleaders for Fisheries and Revenue have agreed to the disposal of the writ petition with the following directions: “The official respondents are directed to consider the representation dated 09.06.2009 said to have been filed by the petitioners, and pass appropriate orders thereon, in accordance with law, expeditiously, after issuing notice to the unofficial respondents to put forth their grievance if any, and initiate action against them in accordance with the decision to be taken.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 12th June, 2009 Note: Furnish copy in one week B/o bcj