Mailavarapu Lalaiah, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1817 AP

    IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI


 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                    &
            HON'BLE MR. JUSTICE C. PRAVEEN KUMAR


                    WRIT APPEAL No.208 of 2021

                   (Taken up through video conferencing)


Mailavarapu Lalaiah S/o. Late Bapiraju,
Hindu, Aged about 64 years,
Occ: Agriculture, R/o. Nidamarru Village & Mandal,
West Godavari District.
                                                         .. Appellant
       Versus

The State of Andhra Pradesh,
Represented by its Principal Secretary,
Animal Husbandry, Dairy Development
and Fisheries Department, Secretariat Buildings,
Velagapudi at Amaravathi, Guntur District, and others.
                                                         .. Respondents

Counsel for the appellant : Mr. A.K. Kishore Reddy

Counsel for respondent Nos.1 to 3&6 : GP for Fisheries

Counsel for respondent Nos.4&5 : GP for Revenue

Counsel for respondent No.7 : I. Koti Reddy

Counsel for respondent Nos.8 to 10 : Kanukolanu Sri Sai Sanjay

ORAL JUDGMENT Dated: 08.04.2021

(per Arup Kumar Goswami, CJ)

Heard Mr. A.K. Kishore Reddy, learned counsel for the appellant.

Also heard learned Government Pleader for Fisheries for respondent Nos.1

to 3 & 6, learned Government Pleader for Revenue for respondent Nos.4

& 5, Mr. I. Koti Reddy, learned standing counsel for respondent No.7, and 2 HCJ & CPK,J W.A.No.208 of 2021

Mr. Kanukolanu Sri Sai Sanjay, learned counsel for respondent Nos.8 to

10.

2. This writ appeal is presented against an order dated 09.03.2021

passed in W.P.No.3763 of 2021, whereby the learned single Judge

disposed of the writ petition with a direction to the District Level

Committee, West Godavari District, to verify all the relevant facts and

issue final registration in respect of conversion of agricultural wet crop

land into aquaculture tanks, only after being satisfied that respondent

Nos.8 to 10 have complied with all the parameters of G.O.Ms.No.7 dated

16.03.2013.

3. G.O.Ms.No.7 dated 16.03.2013, amongst others, provides that no

person shall carry on fresh water aquaculture without registration in

accordance with the said G.O. and that the District Level Committee shall

be the Competent Authority to permit fresh water aquaculture by

registration. The District Level Committee is headed by the District

Collector, who will be the Chairman of the Committee, and it has to follow

the procedure laid down in Paragraph 7 of the said G.O.

4. Learned counsel for the appellant submits that the issue relating to

permission granted to respondent Nos.8 to 10 for conversion of their

agricultural wet crop land into aquaculture tanks was not gone into by the

learned single Judge and, therefore, the order under appeal is liable to be

interfered with.

5. Learned counsel for respondent Nos.8 to 10, on the other hand,

submits that there is no illegality in the order passed by the learned single

Judge as the direction was issued to the District Level Committee to verify 3 HCJ & CPK,J W.A.No.208 of 2021

all the facts and issue final registration only after being satisfied about the

requirements laid down in G.O.Ms.No.7 dated 16.03.2013.

6. On due consideration, we are of the opinion that the course

adopted by the learned single Judge in directing the District Level

Committee to examine and verify the requirements as laid down in

G.O.Ms.No.7 dated 16.03.2013 and to grant final registration only

thereafter cannot be faulted with.

7. We find no good ground to entertain this appeal and, accordingly,

the same is dismissed. No order as to costs. Pending miscellaneous

petitions, if any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ                             C. PRAVEEN KUMAR, J


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                             4                        HCJ & CPK,J
                                              W.A.No.208 of 2021

HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

WRIT APPEAL No.208 of 2021

(Per Arup Kumar Goswami, CJ)

Dt: 08.04.2021

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