HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.16986 of 2010 Date: 27.09.2011 Between: Avula Krishnamma ..... Petitioner AND The Government of A.P., Reptd by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad and three others. .....Respondents Counsel for the Petitioner: Sri K.Shankara Rao Counsel for Respondent No.1: AGP for Animal Husbandry Counsel for Respondent No.2: AGP for Fisheries Counsel for Respondent No.3: AGP for Revenue The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3 in dismantling the unauthorised Aquaculture Shrimp Ponds in Survey Nos.50/B and 49/B, admeasuring Ac.50.30 cents of Venkatanarayanapuram Village, Vidavaluru Mandal, Nellore District, as illegal and arbitrary. This Writ Petition is filed on two specific premises namely that respondent No.4 owns the said land and has been carrying on the shrimp aquaculture over the above- mentioned land and that the said activity is being carried on without obtaining any permission. Respondent No.2 has filed a counter-affidavit and so as respondent No.4, wherein both the respondents have stated that respondent No.4 has nothing to do with the above-mentioned land or the activities of aquaculture over the said land. In his counter-affidavit, respondent No.2 has specifically stated that aqua-farmers by names A.Ramakrishnamraju, Son of Satyanarayanaraju and three others, who are residents of Ponnapudi Laxmipuram, Ponnapudi Peddapalem, Vidavaluru Mandal, Nellore District, have obtained permission and taken up Brackish water Prawn culture in their own lands comprising Survey Nos.45, 46, 47, 49/B, 50/AB, 52B, 53A, 54, 56/1 and 56/2 in a total extent of Ac.4.96 hectares. It is further stated that on the basis of the registration certificate, dated 19.10.2009, issued by the Coastal Aquaculture Authority of India, Chennai, for a period of five years, permission was accorded by the said aquaculture authority on 07.04.2010. No reply-affidavit is filed by the petitioner controverting the above allegations. Therefore, both the premises on which the Writ Petition is filed proved to be non-existent. In this view of the matter, the Writ Petition is dismissed. However, if the petitioner feels aggrieved by the grant of permission for carrying on aquaculture over the extent of Ac.50-30 cents in Survey Nos.50/B and 49/B of Venkatanarayanapuram Village, she shall be free to initiate appropriate proceedings against the party concerned, who is carrying on aquaculture over the said land before the appropriate forum. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.21421 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 27th September, 2011 DR