IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 862 OF 2025 Between; D. Aruna Jyothi, W/o.Madhu Sudhan Reddy, Aged 47 years, Occ- Business, R/o Dasari Vandia Palli Village, Galiveedu Mandal, Annamayya District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector (Panchayat Wing), Annamayya District at Annamayya. 3. District Panchayat Officer, Annamayya District at Annamayya. 4. Mandal Parishad Development Officer, Galliveedu Mandal, Annamayya District, to 5. Goran Cheruvu Gram Panchayat, Rep. by its Panchayat Secretary- Cum-Executive Authority Dasarivandlapalli Village, Madanapalli Mandal, Annamayya 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 in the nature of Writ of Mandamus declaring the notice, dated 06.12.2024 and final notice, dated 03.01.2025 issued by the respondent No.5 and trying to demolish my poultry farm without an opportunity to be one € heard as arbitrary, illegal and in violation of principles of natural justice guaranteed under Article 14 and the right to property guaranteed under Article 300-A of the Constitution of India apart from violation of principles of A.P. Panchayat Raj Act, 1994 and consequently directs the respondents not to demolish the structures in the petitioners property. f-. 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 grant stay of all further proceeding in pursuance of the notices, dated 06.12.2024 and final notice, dated 03.01.2025, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent Nos. 1 to 3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 4 & 5: SRI Y KOTESWARA RAO (SC FORZPPS, MPPS&GP) The Court made the following: ORDER T APHC010016102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SEE [3329] FRIDAY,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 862/2025 Between: D. Aruna Jyothi. ...PETITIONER AND ...RESPONDENT(S) State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PAPUDIPPU SASHIDAR REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2 The Court made the following 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 particularly one In the nature of WRIT OF MANDAMUS declaring the notice, dated 06.12.2024 and final notice, dated 02.01.2025 issued by the respondent No. 5 and trying to demolish my poultry farm without an opportunity to be heard as arbitrary, illegal and in violation of principles of natural justice guaranteed under Article 14 and the right to property guaranteed under Article 300-A of the Constitution of India apart from violation of principles of A.P. Panchayat Raj Act, 1994 and consequently directs the respondents not to demolish the structures in the petitioners property and pass such other order or orders...’’ Heard learned counsel for the petitioner, learned Assistant 2. Government Pleader for Panchayat Raj appearing on behalf of respondent Nos.1 to 3 and learned Standing Counsel for Gram Panchayat appearing on behalf of respondent Nos.4 and 5. The grievance of the petitioner is that petitioner is the 3. absolute owner and possessor of the subject property. On 14.08.2023, the petitioner obtained building permission from the Gram Panchayat and got constructed poultry farm, as per the plan approved by the Gram Panchayat. While things stood thus, on the guise of the complaints made by the villagers, who are in and around the poultry farm, the Gram Panchayat issued final notice on 03.01.2025 directing the petitioner to stop the operation of poultry 3 farm, otherwise, the permission which was granted for construction of the shed will be cancelled and other proceedings will be initiated as per law. Learned counsel for the petitioner submits that petitioner obtained necessary permissions for construction of poultry farm. Once permission is granted, it was constructed as per the plan and in the absence of any violations or unauthorized constructions, the Gram Panchayat has no authority to revoke the permission. Learned counsel further submits that for running as well as for constructing of poultry farm, the petitioner is not required any special permission otherthan the permission from the Gram Panchayat. Therefore, the notice issued by the Gram Panchayat is liable to be suspended. Learned counsel further submits that without issuing any show cause notice, the respondents have straightway directed the petitioner to stop running of the poultry farm and also threatened to revoke the permission, are amounts to violation of principles of natural justice. On the other hand, learned Government Pleader as well as learned Standing Counsel appearing on behalf of the respondents submits that the notice issued by the Gram Panchayat on 03.01.2025 shall be treated as show cause notice and let there be explanation from the petitioner, explaining the reasons why the 4. 5. an % 4 Gram Panchayat cannot be interfered. After such explanation, the respondent-Gram Panchayat will pass final orders/speaking orders after considering the explanation and by giving reasons. Having regard to the submissions made by both the learned 6. counsel, this Court is inclined to dispose of the writ petition. directing the petitioner to treat the final notice dated 03.01.2025 as show cause notice and submit a detailed explanation within a period of three (03) weeks from the date of receipt of a copy of this order. After submitting the said explanation, the respondents are directed to consider the same and provide an opportunity of hearing to the petitioner as well as other stakeholders/complainants, if any. and pass speaking orders, in accordance with law, within a period of eight (08) weeks thereafter. Till such time, respondents are refrained from taking any action against the petitioner. With the above directions, the Writ Petition is disposed of. 7. There shall be no order as to costs. The miscellaneous petitions pending, if any, shall also stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// 'i SECTION OFFICER To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector (Panchayat Wing), Annamayya District at Annamayya. 3. The District Panchayat Officer, Annamayya District at Annamayya. 4. The Mandal Parishad Development Officer, Galliveedu Mandal, Annamayya District, 5. The Panchayat Secretary-Cum-Executive Authority, Goran Cheruvu Gram Panchayat, Dasarivandlapalli Village, Madanapalli Mandal, Annamayya District. 6. One CC to Sri Papudippu Sashidar Reddy Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh. [OUT] 8 One CC to Sri Y Koteswara Rao (SC for ZPPS, MPPS & GP), Advocate [OPUC] 9. Three CD Copies TF HIGH COURT DATED:10/01/2025 ORDER WP.No.862 of 2025 <1. c,> 3: OESPATC^^^ DISPOSING OF THE W.P., WITHOUT COSTS