THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30992 of 2011 ORDER: 1. This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in proceeding to demolish the fish ponds of the petitioners in Survey Nos.520/1, 520/2, 520/4, 520/6 and 524/2 in a total extent of Acs.9.98 cents situated at Linepeta, hamlet of Pallamkurru Gram Panchayat, Katrenikona Mandal, East Godavari District, without considering the application of the petitioners dated 15.10.2011 for regularising the existing fresh water aquaculture as per G.O.Ms.No.67, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 12.09.2011 and G.O.Ms.No.73, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 15.10.2011, as illegal and arbitrary. 2. The brief facts that are necessary for disposal of the writ petition may be stated as follows: The petitioners, who are brothers, are small farmers and are jointly cultivating the above said extent of land. Even though cultivation is a fruitful source of income in the earlier days in East Godavari District, due to the change in the climatic condition in the year 1996, in fact it has been declared as ‘super cyclone’ by the Government authorities, and the rate of cultivation had steeply fallen down and the farmers could not get proper yield through paddy cultivation. On number of occasions, the petitioners have suffered heavy loss and even they could not get back the amount spent by them for paddy cultivation, fertilizers etc. Like the petitioners several other farmers have also suffered the same. Katrenikona Mandal was declared as flood affected area by way of Gazette notification in the District Gazette. In view of the above facts, the petitioners and all other farmers within the Mandal had to opt for fish cultivation other than the paddy cultivation. Further, due to heavy storage of the water in the land of the petitioners, their land had become suitable for fishponds and hence they started fish culture. While so, the third respondent has issued proceedings dated 23.07.2011 directing the petitioners to stop Pissy culture on the ground that no permission has been taken by them for conversion of the land. Aggrieved by the same, the petitioners herein filed W.P.No.21306 of 2011 and the same is pending. The Government issued G.O.Ms.No.24, dated 09.04.2010 constituting a District Level Committee to consider regularising the existing fresh water aquaculture/pissy culture by issuing elaborate guidelines prescribing last date as 31.05.2010 with further directions and that no application shall be considered on or after 01.06.2010. Thereafter, the Government issued fresh guidelines vide G.O.Ms.No.67, dated 12.09.2011 by prescribing 30.09.2011 as the last date for obtaining land conversion permissions and for issuing permissions for regularising the existing fresh water aquaculture units. Thereafter, in view of the difficulty explained by the authorities, the Government issued G.O.Ms.No.73, dated 15.10.2011 extending the time limit to submit applications upto 30.11.2011. In view of the guidelines issued by the Government as stated above, the petitioners made representation dated 15.10.2011 to respondents 2 and 3, who received the same on 18.10.2011 and 17.10.2011 respectively. However, pending such applications, the third respondent is proceeding to demolish the tanks of the petitioners. Hence, this writ petition. 3. Learned counsel for the petitioners contended that in pursuance of G.O.Ms.No.67, dated 12.09.2011, the action of the petitioners has to be ratified as they have already laid the fish ponds and that for regularisation of the existing fish ponds, they have made an application and hence, he prays to direct the Fisheries Department to consider the case of the petitioners. 4. On the other hand, the learned Government Pleader for Fisheries as well as the learned Government Pleader for Revenue contended that the petitioners’ case has to be considered in terms of G.O.Ms.No.67, dated 12.09.2011 and G.O.Ms.No.73, dated 15.10.2011. 5. The petitioners have already dug the land for the purpose of fish ponds. As per G.O.Ms.No.67, dated 12.09.2011, the existing fishpond holders also shall apply for conversion of the land into fresh water aquaculture. Hence, the petitioners made a representation dated 15.10.2011 to respondents 2 and 3 and the same was received by them on 18.10.2011 and 17.10.2011 respectively. Therefore, respondents 2, 3 and 4 (who is impleaded as party respondent) have to take appropriate decision to regularise the existing fish ponds of the petitioners in terms of G.O.Ms.Nos.67 and 73, dated 12.09.2011 and 15.10.2011 respectively. 6. Accordingly, the writ petition is disposed of directing respondents 2, 3 and 4 to take appropriate decision to regularise the existing fish ponds of the petitioners in terms of G.O.Ms.Nos.67 and 73, dated 12.09.2011 and 15.10.2011 respectively, within a period of six weeks from the date of receipt of a copy of this order. Till such time, the fish ponds of the petitioners shall not be removed. There shall be no order as to costs. ________________ K.C. BHANU, J Date: 25.11.2011 va