IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 232 OF 2025 Between: 1. Khaja Bandea Nawaz, S/o S. Abdul Sattar, Aged about D.No.8-244-1-A, Shalinge Katta, Adoni, Kurnool District. 2. Gadwal Taher Hussain, S/o Kabulla Hussain, Aged about 30 years, R/o D.No.8-245/1, Shalinge Katta, Adoni, Kurnool District. 3. Gadwal Sabir Hussain, S/o Kabulla Hussain, Aged about 50 years, R/o D.No.8-245/1, Shalinge Katta,. Adoni, Kurnool District. 4. Gadwal Khaja Pasha, S/o K. Hussain, Aged about 51 years, R/o D.No.8-245/3, Shalinge Katta, Mehtar Masjeed, Adoni, Kurnool District. 5. J. Md. Taher, S/o Ata Mohammed, Aged about 54 years, R/o D.No.8- 213, Shalinge Katta, Adoni, Kurnool District. 6. Shalinge Fayaz Ahamed, S/o Shaikvali, Aged about 34 years, R/o D.No.8-220, Shalinge Katta, Mehtar Masjeed, Adoni, Kurnool District. 60 years, R/o ...PETITIONERS AND 1. The State of AP, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Adoni Municipality, Rep. by its Commissioner, Adoni District. 4. The Municipal Health Officer, Adoni Municipality, Adoni, District. Secretariat Kurnool Kurnool ? 5. The Sub-Collector, Adoni, Kurnool District. 6. The Tahsildar, Adoni, Kurnool District. 7. B. Mohammed Ghouse, S/o Late Md. Sab, Aged about 40 years, R/o D.No.8-244, Adoni, Kurnool District ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 Respondents 3 and 4 in allowing the 7th Respondent to run/maintain Poultry Farm and wholesale chicken vending shop, Amidist the habitation in Door No.8-244 at Nizamia Madarassa, Mehtar Masjeed St., Shalinge Katta, Adoni Town, Kurnool District, is illegal, arbitrary, unjust, contrary to the Sections 260, 262, 272, 273 and 274 of Andhra Pradesh Municipalities Act, 1965, violation of the fundamental rights guaranteed under Article 14, 21 of Constitution of India and consequently direct the Respondents 3 and 4 to remove the Poultry Farm and wholesale chicken vending shop at Door No.8-244 at Nizamia Madarassa, Mehtar Masjeed St., Shalinge Katta, Adoni Town, Kurnool District. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd Respondent to comply the directions of this Hon'ble Court dt.23-09-2024 issued in W.P.No.20844/2024 immediately. Counsel for the Petitioners: SRI A SYAM SUNDAR REDDY Counsel for the Respondent No.1; GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2, 5 & 6: GP FOR REVENUE Counsel for the Respondent No. 3: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) Counsel for the Respondent Nos. 4 & 7: —- The Court made the following: ORDER * 1 APHC010001632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 232/2025 Between: ...PETITIONER(S) Khaja Bandea Nawaz and others AND ...RESPONDENT(S) The State of A.P. and others Counsel for the Petitioner(S): 1 .A SYAM SUNDAR REDDY Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: to issue a Writ Order or direction more particulariy one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos. 3 and 4 in allowing the 7"’ Respondent to run/maintain Poultry Farm and wholesale chicken vending shop, Amidist the habitation in Door No. 8-244 at Nizamia Madarassa, Mehtar Masjeed Street, Shalinge Katta, Adoni Town, Kurnool District, is illegal, arbitrary, unjust, contrary to the Sections 260, 262, 272, 273 and 274 of Andhra Pradesh Municipalities Act, 1965, violation of the fundamental rights guaranteed under Article 14, 21 of Constitution of India and consequently direct the Respondents 3 and 4 to remove the Poultry Farm and wholesale chicken vending shop at Door No. 8-244 at Nizamia Madarassa, Mehtar Masjeed Street, Shalinge Katta, Adoni Town, Kurnool District ” The petitioners are residents of Nizamia Madarassa area, Mehtar Masjeed Street, Shalinge Katta, Adoni Town, Kurnool District. The grievance of the petitioner is that the 7^*^ respondent has established a poultry farm and is storing large quantity of chicken at Door No.8-244, Nizamia Madarassa, Mehtar Masjeed Street, Shalinge Katta, Adoni Town. He has been using the said premises as stock point, causing disturbances, and distributing chicken to small vending shops in an around Adoni. Though the petitioners raised a complaint against the 7^^ respondent, as no action has been initiated, the present writ petition is filed. The case of the petitioners is that earlier a notice was issued to the 7 respondent herein on 04.09.2024 by the Commissioner, Adoni Municipal 2. th 3. 3 Corporation, directing him to remove the poultry farm within 24 hours from the date of receipt of the said notice. Challenging the same, the 7'^ respondent filed W.P.No.20844 of 2024, which was disposed of on 23.09.2024. The operative portion of order is as follows: “....the J"' respondent is directed to proceed with the necessary enquiry pursuant to the above said Notice-11i dated, 04.09.2024 strictly in accordance with law by considering the undertaking given by the petitioner, by hearing all the parties concerned Including the petitioner and upon verification of the records and the subject shop, appropriate decision shall be taken on Its own merits as expeditiously as possible preferably within a period of eight (8) weeks from the date of receipt of this order. Pending the above said enquiry, there shall not be any coercive action and the petitioner shall abide by the above said undertaking and comply with the requirement of law in running the above said shop. ” The case of the petitioner is that, in spite of there being an order directing the respondents to take appropriate action against the 7^'^ respondent within a period of eight (8) weeks from the date of receipt of the said order; the respondents have failed to initiate action against the 7'^ respondent herein. Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Ms.V.Sireesha Rani, learned Standing Counsel for respondent No.3. The learned Standing Counsel, Ms.Sirisha Rani, for respondent No.3, furnished a copy of the instructions from the Commissioner, Adoni, Kurnool District/Respondent No.3, wherein it is stated that, in compliance with the direction of this Court in W.P.No.20844 of 2024, sanitation officials visited the premises and a notice was served upon the 7‘^ respondent herein, directing him to remove the poultry farm. Subsequently, a legal notice through the Municipal Standing Counsel, Adoni, was also served on the respondent on 4. 5. 6. 4 12.11.2024. It is also admitted that the poultry farm is being run without any permission from the competent authority and is creating health hazards to all the residents of the locality. 7. As per the said instructions of respondent No.3, it is clear that respondent No.7 is running poultry farm without obtaining any permission from the competent authority and as such a notice was also served upon respondent No.7 herein. However, the 3'^'^ respondent has failed to state as to what action has been initiated against the 7‘^ respondent herein in pursuance of the order passed by this Court. 8. In view of the above, instead of keeping the writ petition pending, this rd Court feels it appropriate to dispose of the writ petition by directing the 3 respondent to take appropriate action against respondent No.7 in compliance to the order dated 23.09.2024 passed by this Court in W.P.No.20844 of 2024 in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTER I //TRUE COPY// OFFICER SECTI To, Municipal Administration and Urban 1. The Principal Secretary, Development Department, Secretariat Building, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kurnool District, Kurnool. 3. The Commissioner, Adoni Municipality, Adoni, Kurnool District. 4. The Municipal Health Officer, Adoni Municipality, Adoni, Kurnool District. 5. The Sub-Collector, Adoni, Kurnool District. 6. The Tahsildar, Adoni, Kurnool District. 7. One CC to Sri A Syam Sundar Reddy Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 10. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities) Advocate [OPUC] 11. Three CD Copies TF HIGH COURT DATED:07/01/2025 ORDER X 3 1 JAN 2025 n ,*5. ^ ^ Currwni oecuon WP.No.232 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS