K Srinivasa Rao vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2917 AP

              HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATI


      MAIN CASE No.: Writ Petition No.17644 OF 2020
                                 PROCEEDING SHEET

SL.      DATE                                ORDER                               OFFICE
NO.                                                                               NOTE
23)    06.08.2021 KVL, J

                        This Writ Petition is filed questioning the action of
                  the respondents in giving permission to the 10th

respondent for digging a fish tank in the petitioner's land and the action of the 5th respondent in giving electricity connection to the 10th respondent as arbitrary and illegal.

The case of the petitioner is that the subject land belongs to him and by forging his signature permission has been obtained by the 10th respondent. His further case is that he gave a police complaint with regard to the same.

As seen from the pleadings, there is a litigation between the petitioner and the unofficial respondents.

Learned Government Pleader for Home submits that basing on the complaint of the petitioner a case in Crime No.53 of 2021 has been registered at Kruthevennu Police Station under Sections 447, 427 and 420 read with 34 IPC on 11.02.2021 and that the investigation is in progress.

Ms. N. Niati, learned counsel appearing for respondents 13 to 16, filed counter affidavit stating that respondents 13 to 16 are the legal heirs of the 10th respondent, who passed away on 23.09.2020. As seen from the counter affidavit, the subject property was bequeathed to the son-in-law of the 10th respondent by name Pathapati Venkata Srinivasa Raju, who is the husband of the 13th respondent and she undertakes to provide postal address of the said person to the learned counsel for the petitioner today and learned counsel for the petitioner seeks time to implead the said Pathapati Venkata Srinivasa Raju as a

SL. DATE ORDER OFFICE NO. NOTE party respondent to the present litigation.

It is also stated in the counter affidavit filed by the respondents 13 to 16 that the 10th respondent entered into an agreement of sale with the petitioner and his father and the 10th respondent filed OS No.24 of 2011 on the file of the VI Additional District Judge, Machilipatnam. The said suit was dismissed on 09.02.2019 and challenging the said judgment and decree, AS No.471 of 2018 was filed before this Court and an interim order was passed in the said appeal on 09.02.2018 directing the parties to maintain status quo and that the 10th respondent was in possession of the subject land. The respondents 13 to 16 came to know about the said Will executed by the 10th respondent only recently.

In the counter affidavit filed by the Fisheries Department, it is stated that permission that was granted to the 10th respondent expired on 27.05.2013 and that it was not renewed thereafter.

Learned counsel for the petitioner submits that in spite of the complaint given by the petitioner on 13.05.2019, no action has been taken by the Fisheries Department.

Learned Assistant Government Pleader submits that if there is a complaint, appropriate action would be taken.

The copy of complaint given to the Deputy Director of Fisheries Department is also filed along with the Writ Petition which is dated 13.05.2019. The said complaint also bears the stamp of the Fisheries Department, however, the counter affidavit does not deal with the said complaint.

Learned counsel for the petitioner submits that even though counter affidavit filed by the Fisheries Department shows that permission expired on

SL. DATE ORDER OFFICE NO. NOTE 27.05.2013, the unofficial respondents are carrying on prawn culture in the land and the official respondents are not taking any action on the said tanks situated in the subject land i.e., in an extent of Ac.22-10 cents situated in Survey No.23/1B of Inthuru village, Kruthivenu mandal, Krishna district. According to respondent Nos.13 to 16, the said land was gifted to respondent No.13th's husband by name Pathapati Venkata Srinivasa Raju.

In view of the facts and circumstances, the Fisheries Department is directed to enquire into the matter and take appropriate action after giving notice and opportunity to all the concerned including to Pathapati Venkata Srinivasa Raju and respondents herein, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and file an affidavit with regard to the same.

Learned Government Pleader for Home is also directed to file an affidavit as to the steps taken by them after registering the case by the next date of hearing.

List the matter on 06.09.2021.

                                                             _______
                                                              KVL, J
             Nsr





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