APHC010145502020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8839/2020 Between: 1. DASARI JANAKIRAMA REDDY, S/O VENKATA REDDY AGED 50YRS, R/O D.NO 3-28, RAMALAYAM STREET, DARBHAGUDEM VILLAGE, JEELUGUMILLI MANDAL, WEST GODAVARI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY.ITS SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DIST. 2. THE DIST PANCHAYAT OFFICER, ELURU, WEST GODAVARI DIST. 3. THE DARBHAGUDEM GRAMPANCHAYAT, DARBHAGUDEM REP.BY.ITS SECRETARY, DARBHAGUDEM VILLAGE,JEELUGUMILLI MANDAL, WEST GODAVARI DIST ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue order direction writ more perticularly one in the nature of writ of Mandamus declare the action of the respondents in not allowing the petitioner for construction of A/c shed in the land covered in R.S.No 243 an extent of Ac.4-25 situated at Darbhagudem village Jeelugumilli mandal West Godavari Dist as illegal orbitrary and contrary to the provisions of Panchayat Raj Act and consequentially direct the respondents to allow the petitioner for 2 constuction of A/c shed as per the resolution of 3rd respondent grampanchayat dt. 25-1-2020 IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondentsto allow the petitioner for construction of A/C shed in his land coverd in R.S.No. 243 an extent of Ac.4-25cts situated at Darbagudem Village Jeelugumillimandal W.G.Dt as per the resolution of 3rd respondent grampanchayat dt. 25-1-2020 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for MPP ZPP and GRAM PANCHAYAT) The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8839/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in not allowing the petitioner for construction of A/c shed in the land covered in R.S.No 243 an extent of Ac.4.25 situated at Darbhagudem village, Jeelugumilli Mandal, West Godavari Dist as illegal, arbitrary and contrary to the provisions of Panchayat Raj Act and consequentially direct the respondents to allow the petitioner for construction of A/c shed as per the resolution of 3rd respondent Gram Panchayat dated 25.01.2020 and pass such other order.” 2. Heard learned counsel for the petitioner, learned Government Pleader for respondent Nos.1 and 2 and the learned Standing Counsel for respondent No.3. 3. Learned counsel for the petitioner submits that the petitioner has proposed for construction of poultry shed in the land admeasuring to an extent of Ac.4.25 cents situated in R.S.No.243, Darbhagudem Village, Jeelugumilli Mandal, West Godavari District. He further submits that the construction of poultry farm/shed is to be considered as ancillary agricultural operations. Therefore, the Gram Panchayat is competent authority to grant permission for the poultry farm. He further submits that the petitioner also approached the District Medical and Health Officer for grant of permission for 4 construction of the said poultry shed/farm and the permission was granted on 18.01.2020 subject to some conditions to be fulfilled by the petitioner. He further submits that the Gram Panchayat also passed a resolution dated 25.01.2020 vide resolution No.84 accorded sanction. Even after granting sanction, the respondent No.3/Gram Panchayat is interfering with the construction of the petitioner. Hence, the Writ Petition. 4. On the other hand, learned Standing Counsel for respondent No.3 submits that as per his instructions, construction of poultry shed/farm had been completed and has been running as per plan approved by the Gram Panchayat vide resolution dated 25.01.2020. 5. Considering the submissions made by both the learned counsel and in view of the completion of construction of the poultry farm/shed and the same has been running as per the plan and permission approved by the Gram Panchayat. The poultry farm activities are part of agriculture. It is settled law that no prior approval and permission is required for agricultural operations. However, for safety and to arrest pollution, they shall comply conditions as required. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.09.2025 TTPPSS 6 485 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8839/2020 09.09.2025 TTPPSS