Andhra Pradesh High Court - Amravati
Mungara Satya Srinivasa Rao vs The State Of Ap on 17 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6041 of 2023
ORDER:
The present Writ Petition came to be filed under
Article 226 of the Constitution of India seeking the following
relief:-
"...to issue an appropriate writ or order or a direction
more particularly one in the nature of WRIT OF
MANDAMUS declaring the impugned
proceedings/notice dated 03.01.2023 issued by the
4th respondent is for cancellation of Fish Pond
permission and demolition of embankments of Fish
Ponds as is illegal irregular and without jurisdiction
and violative of Articles 14, 21 and 300A of the
Constitution of India and also violative of principles of
Natural Justice and consequently set aside the notice
dated 03.01.2023 issued by the 4th respondent and
pass...."
2. Brief facts of the case are that the petitioners are the
absolute owners, possessors and enjoyers of the lands of an
extent of Ac.18.00 cents and Ac.3.17 cents covered in
Sy.Nos.209/14, 209/10, 209/7, 209/11, 209/13, 332/4,
332/14 and 333/13 of Satyavolu Revenue Village, Pedapadu
Mandal, West Godavari District. After an enquiry the
Revenue authorities granted Pattadar Passbooks and title
deeds to the petitioners as per the provisions of Andhra
Pradesh Rights in land and Pattadar Passbooks Act, 1971.
As the surroundings of the said lands were converted into
Aqua Culture lands, the petitioners also filed an application
before the District Collector, Eluru for grant of license to
undertake Aqua Culture activates in the said extent of
lands. The Andhra Pradesh State District Level
Implementation Committee vide license
Nos.AQNLFWEL063746 and AQENFWWG000800, dated
15.09.2022 and 31.02.2021 granted life time license to the
petitioner. Since then the Aquaculture activities are being
undertaken by the petitioners.
3. While the matter being so, the District Fisheries
Officer, Fisheries Department, Eluru, issued notice dated
03.01.2023 to the petitioners and directed them to vacate
the said land on the ground that the prohibited poultry
waste is being used for feeding the fishes and also filed some
cases against the petitioners vide Cr.Nos.79 & 117 of 2021 of
Pedapadu Police Station, West Godavari District, alleging
illegal transportation of the prohibited poultry waste. After
filing of Charge Sheets, the said cases were numbered as
C.C.Nos.234 & 679 of 2021, on the file of learned Special
Judicial Magistrate of First Class (Mobile)-Cum-III
Additional Junior Civil Judge, Eluru. The trial Court vide
Judgment dated 14.11.2022 declared that the petitioners
were not guilty for the offences in the aforesaid cases. It is
further contended that the respondent No.4 is not the
competent authority to issue impugned proceedings dated
03.01.2023 and he failed to state under which provisions of
law the said proceedings was issued. Hence, the present
Writ Petition.
4. Respondent No.4 filed counter-affidavit duly
admitting the facts stated by the petitioners and further
stated that the petitioners are doing aquaculture and
feeding the fishes with chicken waste and slaughter
wastes which is against the provisions of G.O.Ms.No.56,
dated 04.11.2016 of Animal Husbandry and the said
act of the petitioners is causing environmental pollution
to the surrounding areas. After knowing the fact that
cases were registered against the petitioners for
transporting banned chicken waste for feeding the
fishes, the respondent No.3/the District Collector,
Eluru District, Chairman DLIC for fresh water
aquaculture vide note orders dated 17.12.2022,
directed the respondent No.4/ the District Fisheries
Officer, Eluru, to take necessary action against the
petitioners for using banned chicken waste in fish
tanks. The respondent No.4 issued notice dated
03.01.2023, directing the petitioners to vacate the fish
ponds.
5. Ordinarily, the Court should not interfere with orders
of suspension unless they are passed mala fide and without
there being even prima facie evidence on record connecting
the employee with the misconduct in question. The Hon'ble
Apex Court in the decision dated 22nd November, 2013
between Union Of India and Another Vs. Ashok Kumar
Aggarwal, observed as follows:-
"Suspension is a device to keep the delinquent out of the
mischief range. The purpose is to complete the proceedings
unhindered. Suspension is an interim measure in aid of
disciplinary proceedings so that the delinquent may not gain
custody or control of papers or take any advantage of his position.
More so, at this stage, it is not desirable that the court may find out
as which version is true when there are claims and counter claims
on factual issues. The court cannot act as if it an appellate forum
de hors the powers of judicial review."
6. In view of the above observation and it is also a fact that
the impugned suspension orders are not final orders,
therefore, this court not inclined to interfere with the
impugned orders. However, the petitioners are given liberty
to file their explanation to the respondents.
7. Accordingly, the Writ Petition is disposed of directing the
petitioners to submit their explanation within a period of
two (02) weeks from the date of receipt of a copy of the
order, thereafter, the respondents are directed to consider
the said explanation and pass appropriate orders in
accordance with the law. No order as to costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
_______________________
JUSTICE V.SUJATHA
Date : 17.11.2023
SRT
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.6041 of 2023
Date : 17.11.2023
SRT
