f 4 * APHC010304882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ri o ■w\ THURSDAY,THE TWENTY EIGHTH DAY OF AUGUSTC’ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15322 OF 2025 "9. & ♦ Between: Durga Poultry Farm, S No. 2-3, Bharinikam Village Paravada Mandal, Anakapalle District 531 021., Rep by its Proprietrix Smt. Saripalli Kalpana W/o. Demudu Molli, aged 33 years, occ. Business, R/o. Bharinikam Village, Paravada Mandal, Anakapalle District 531 021 ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its PrI. Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Panchayat Raj Wing), Anakapalle District at Anakapalle. 3. The Competent Authority and Revenue Divisional Officer, Anakapalli, Anakapalli District 4. The District Medical and Health Officer, Anakapalle,Anakapall e District 5. Bharanikam Gram Panchayat, Rep. by its Panchayat Secretary, Grampanchayat, Bharanikam , Anakapalle District. 6. P. Satya Narayana, S/o P.Adi Narayana, Aged about 65 years, R/o Rajupeta Village, Munagapaka Mandal, Anakapalli District. 7. K. Appala Raju, S/o K.Tatarao, Aged about 49 years, R/o Rajupeta Village, Munagapaka Mandal, Anakapalli District. i 8. V. Nanaji, S/o V. Appa Rao, Aged about 35 years, R/o Rajupeta Village, Munagapaka Mandal, Anakapalli District. S Srinivas Varma, S/o G.Narayana Raju, Aged about 60 years, R/o Flat ^ p.201,Raghunath Enclave, TPT Colony, Seethammadara, tsakhapatnam. lO. Jangala Sreerama Murthy, S/o. Late Bapanna Setty, Aged 53 years, D.No. 45-37-20, Flat No. 402, Sri Sai Krishna Nivas, Jagannadhapuram, Visakhapatnam-530 016. 11. Vadisala Pydiraju, S/o. Late Venkata Ramana, Aged 40 years, Occ Agriculturist, R/o. 8-39/1, Kattavanipalem, Parawada Mandal, Bharanikam, Visakhapatnam, Andhra Pradesh-531 021. (RR 6 to 9 are impleaded as per the Court's Order dt.10.07.2025 in I.A.No.02 of 2025) (RR 10 and 11 are impleaded as per Court's Order Dt. 15.07.2025 in I.A.No.3 of 2025) *' ■ . f. It* \ t ;■ i' ...RESPONDENTS 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 to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4^*^ respondent in issuing the proceedings vide Rc No.33/D/2025, dated 18.06.2025 by cancelling the permission of the construction of the poultry farm ofThe petitioner wherein the 4**^ respondent revoked in its own orders by granting No Objection Certificate vide Rc No. 271/DMHO/2025, dated 18.02.2025 and after completion of the construction of the poultry farm issued the impugned orders dated 18.06.2025 by revocating its original order, is highly illegal, arbitrary and against the principles natural justice and also violation of Article 14, 19, 21 and 300-A of Constitution of India by setting aside the proceedings dated 18.06.2025 of the 4th respondent and consequently direct the respondents 4K not to interfere into the peaceful possession and enjoyment of the petitioner poultry farm without following due process of law in the interest of justice. lA NO: 1 OF 2025 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 to suspend the operation of the impugned proceedings issued by the 4 respondent vide Rc No.33/D/2025, dated 18.06.2025, pending disposal of the main writ petition. th Counsel for the Petitioner: SRI RIZWAN ALI SHAIK Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.4:GP FOR MEDICAL, HEALTH & FAMILY WELFARE Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent Nos.6 to 9:SRI A. RAJENDRA BABU Counsel for the Respondent Nos.10 & 11:SRI K. S. S. NARAYANA The Court made the following order: ■? APHC010304882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] r THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15322 OF 2025 Between; 1.DURGA POULTRY FARM, S NO. 2-3, BHARINIKAM VILLAGE PARAVADA MANDAL, ANAKAPALLE DISTRICT 531 021., REP BY ITS PROPRIETRIX SMT.SARIPALLI KALPANA W/0. MOLLI, AGED 33 YEARS, OCC. BUSINESS, R/0. BHARINIKAM VILLAGE, PARAVADA MANDAL, ANAKAPALLE DISTRICT 531 021 ...PETITIONER DEMUDU AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI. SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, ANAKAPALLE DISTRICT AT ANAKAPALLE. 3. THE COMPETENT AUTHORITY AND REVENUE DIVISIONAL OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT 4. THE DISTRICT MEDICAL AND ANAKAPALLE,ANAKAPALLE DISTRICT 5. BHARANIKAM GRAM PANCHAYAT REP BY ITS PANCHAYAT SECRETARY, GRAM PANCHAYAT, BHARANIKAM , ANAKAPALLE DISTRICT. HEALTH OFFICER, 6. P SATYA NARAYANA, S/0 P.ADI NARAYANA, AGED ABOUT 65 VILLAGE, RAJUPETA R/O YEARS, 2 ■ O MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT. about 49 YEARS, R/0 MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT VILLAGE, 8. V NANAJI, S/0 V APPA RAO, AGED RAJUPETA VILLAGE, MUNAGAPAKA DISTRICT. ABOUT 35 YEARS, R/0 MANDAL, ANAKAPALLI 9. G SRINIVAS VARMA, S/0 G.NARAYANA RAJU, AGED ABOUT 60 YEARS, R/0 FLAT NO.201,RAGHUNATH ENCLAVE TPT COLONY SEETHAMMADARA, VISAKHAPATNAM. RR 6 TO 9 ARE IMPLEADED AS PER THE COURT’S ORDER DT.10 07 2025 IN I.A.NO. 02 OF 2025 10.JANGALA SREERAMA MURTHY. S/0. LATE BAPANNA SETTY AGED 53 YEARS, D.NO. 45-37-20, FLAT NO. 402, SRI SAI KRISHNA NIVAS, JAGANNADHAPURAM, VISAKHAPATNAM-530 016. 11.VADISALA PYDIRAJU, S/0. LATE VENKATA RAMANA, AGED 40 YEARS, OCC AGRICULTURIST, R/0. 8-39/1, KATTAVANIPALEM PARAWADA MANDAL, BHARANIKAM, VISAKHAPATNAM PRADESH-531 021. ANDHRA RR 10 AND 11 ARE IMPLEADED AS PER COURT'S ORDER DT. 15.07.2025 IN I.A NO 3 OF 2025 ...RESPONDENT(S): praying that in the Petition under Article 226 of the Constitution of India Counsel for the Petitioner: 1.RIZWAN ALI SHAIK Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.KSSNARAYANA 3.A RAJENDRA BABU 4. GP FOR MEDICAL HEALTH FW 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15322 OF 2025 The Court made the following: The writ petition is filed challenging the action of the respondent in dated 18.06.2025, issuing the proceedings vide Rc.No.33/D/2025 cancelling the permission granted in favour of the petitioner for the establishment of the poultry farm. The 4*^ respondent revoked its own orders of granting No Objection Certificate vide Rc.No.271/DMHO/2025, dated 18.02.2025 and after completion of the construction of the poultry farm, issued the impugned orders dated 18.06.2025 by revoking its original order. Heard Sri Rizwan Ali Shaik, learned counsel for the petitioner 2. learned Assistant Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 3, learned Assistant Government Pleader for Medical and Health appearing for the respondent No.4, Sri Y.Koteswara Rao, learned Standing counsel appearing for respondent No.5, A.Rajendra Babu, learned counsel appearing for respondent Nos.6 to 9 and K.S.S.Narayana, learned counsel appearing for respondent Nos. 10 & 11. The petitioner, intending to establish a poultry farm, approached the 5*^ respondent seeking permission and a No Objection Certificate (NOC) for the same. The 5’^ respondent accordingly issued an 3. NOC for the establishment of the poultry farm. Similarly approached the 4"’ respondent for the issuance of NOC. The District Medical and Health Officer issued a No Objection Certificate. The Assistant Director (AH) of the Veterinary Hospital has also granted the petitioner also no objection. 4. The petitioner had also approached a financial institution for the sanction of a loan for the Based on the purpose of establishing the poultry farm, permissions granted, the loan was sanctioned petitioner commenced construction of poultry sheds on the subject site. and the 5. However, vide proceedings dated respondent cancelled the 18.06.2025, the permission granted to the petitioner. The cancellation was allegedly based on complaints received from residents of adjacent villages, raising objections to the establishment of the poultry farm on the ground that their villages are situated within a 500 meters of the subject site. Challenging the said proceedings, the petitioner this Court by way of present writ petition. approached 6. The respondent Nos.6 to 9 were impleaded vide order dated 10.07.2025 in I.A.No.2 of 2025 and respondent Nos. 10 and 11 impleaded vide order dated 15.07.2025 in I.A.No.3 of 2025. were 7. On 17.07.2025, this Court directed Anakapalle District, to constitute the purpose of ascertaining the distance between the District Collector, a committee Mandal Revenue officers, for the proposed poultry 5 % farm and the nearby villages, namely Bharanikam Village of Paravada Mandal, Kattavanipalem Village (Hamlet of Bharanikam Village) of Paravada Mandal, and Rajupeta Agraharam of Munagapaka Mandal. Learned counsel for the petitioner placed before the Court a 8. copy of the undertaking affidavit dated 28.08.2025 stating that he would abide by all the conditions imposed by the authorities and that he would not rear more than 5,000 birds in the said poultry farm. 9. Learned counsel(s) appearing for the respondents would submit that the nearby area of the proposed poultry farm it has been the proposed for establishment of Primary Health Centre and the poultry farm would cause hindrance to the said centre. He further submits that the petitioner did not specify the number of birds that he would rear in the said poultry farm, while seeking permission from the concerned DMHO. Pursuant to the directions of this Court, the District Collector 10. has submitted a report dated 07.08.2025 stating that the subject land where it has been proposed to establish a poultry farm, is beyond 500 meters from the villages, namely Bharanikam Village of Paravada Mandal, Kattavanipalem Village (Hamlet of Bharanikam Village) of Paravada Mandal, and Rajupeta Agraharam of Munagapaka Mandal. The environmental Guidelines for Poultry Farms issued by the 11. Central Pollution Control Board, Ministry of Environment, Government of India, specify that the poultry farms the guidelines should residential zone in order to lOOmtrs from major water water source etc., it further provides that above 25,000 at single location Establish(CTE) and Consent directions of NGT(National Green birds and above, shall have Consent for Operate(CTO) from State Pollution that would be set up after issuance of preferably be established 500 metres from the avoid nuisance caused due to odour and flies, course namely river, lakes, canals and drinking the poultry farms handling birds will have to obtain Consent to for Operate(CTO). Whereas Tribunal) poultry farms as per the rearing 5000 to obtain Consent to Establish(CTE) Control Board. and 12. In light of the above, the i respondent cancelling the permission impugned proceedings of the 4’*^ granted in favour of the petitioner the ground that the subject land is within 300 meters of the villages, viz., Kattavanipalem Village on surrounding , etc., are not unsustainable. Further, of the petitioner that he would having regard to the undertaking affidavit abide by rearing 5000 birds, aside. The undertaking affidavit of pertinent to observe that the petitioner shall in the poultry farm without the the order impugned in the writ petition iIS set the petitioner is placed on record. It is not keep more than 5000 birds permission of the concerned authorities. 13. In view of the foregoing, the impugned proceedings are hereby set aside. The Writ Petition is accordingly disposed of. There shall be order as to costs. no 7 As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- N NAGAMWiA assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The PrI. Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector (Panchayat Raj Wing), Anakapalle District at Anakapalle. 3. The Competent Authority and Revenue Divisional Officer, Anakapalli, Anakapalli District 4. The District Medical and Health Officer, Anakapalle, Anakapalle District 5. The Panchayat Secretary, Bharanikam Gram Panchayat, Grampanchayat, Bharanikam, Anakapalle District. 6. One CC to Sri Rizwan Ali Shaik, Advocate [OPUC] 7. One CC to Sri K. S. S. Narayana, Advocate [OPUC] 8. One CC to Sri A. Rajendra Babu, Advocate [OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Medical, Health and Family Welfare, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:28/08/2025 ORDER WPNo. 15322 OF 2025 =0! •V tr-j 17 SEP 2025 jNCur^Sectimr cc DISPOSING OF THE W.P. WITHOUT COSTS