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 FIFTEENTH DAY OF APRIL, TWO THOUSAND TEN WRIT PETITION No.18747 of 2009 Between: Kuditipudi Harinatha Babu and others. … Petitioner And The Government of Andhra Pradesh, Department of Animal Husbandry, Dairy Development & Fisheries, reptd., by its Principal Secretary, Secretariat Buildings, Hyderabad and others. … Respondents Counsel for the petitioners: Sri Posani Venkateswarlu. Counsel for the respondents: GP for Fisharies. This Court made the following: ORDER:- At the interlocutory stage, the Writ Petition is taken up for hearing and disposal, with the consent of the learned counsel for the parties. I have heard Sri Posani Venkateswarlu, learned counsel for the petitioners; and the learned Government Pleader for Fisheries, for the respondents. The Writ Petition was originally filed for a Mandamus to declare notice, dated 30-7-2009, issued by respondent No.5, as illegal. Obviously, after the petitioners noticing that they have not challenged the earlier order, dated 21-7-2009, passed by respondent No.5, by which their request for regularization of the existing fish tank was rejected, they filed WPMP No.35907 of 2009 seeking amendment of the Writ Petition in order to question the said order. Today, the said application has been allowed permitting the petitioners to amend the Writ Petition. At the hearing, the main contention advanced by the learned counsel for the petitioners is that the impugned order of rejection of the petitioners’ application for regularization of the activity of running fish tank in terms of G.O.Ms.No.83, dated 12-9-2007 and G.O.Ms.No.18, dated 26-3-2008, is patently without jurisdiction because under the said G.Os., it is the Committee envisaged therein that is empowered to consider the petitioners’ application for regularization. It is admitted by the learned Government Pleader for Fisheries that District Level Committees are constituted for each District, and one such Committee is in existence for Khammam District; and that it is only the District Level Committee, which is empowered to consider the applications for fresh permissions as well as regularization of the existing tanks. In this view of the matter, without going into the merits of the claim of the petitioners for regularization, the impugned orders are set aside. Respondent No.3 is directed to consider and dispose of the petitioners’ application for regularization of the fish tank after affording them an opportunity of personal hearing. Till such consideration and intimation of the appropriate decision to the petitioners, the fish bunds already raised by the petitioners and are in existence, shall not be removed. Subject to the above, the Writ Petition is disposed of. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:15-4-2010 MNR