Kotyada Srinivasa Rao v. The State of Andhra Pradesh
WP/30369/2025 · 2025-11-30
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54520 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54520 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010585942025
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30369/2025 Between:
1. KOTYADA SRINIVASA RAO, S/O. KOTYADA SANYASI, DR.NO. 2 KOTYADA VARI KALLALU, NEAR ANDHRA BANK, ANANDAPURAM MANDAL, ANANDAPURAM, VISAKHAPATNAM. 2. MOPADA SRINIVASA RAO, S/O. RAMA MURTHY, DR.NO. 2 51,NEAR VODAFONE TOWER, ANANDAPURAM MANDAL, ANANDAPURAM, VISAKHAPATNAM. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. ANANDAPURAM GRAMA PANCHAYATI, ANANDAPURAM VILLAGE, BHEEMUNIPATNAM MANDALAM, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PANCHAYAT SECRETARY. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court ma pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the Poultry farm business of the petitioner without following due process of law and forcing the petitioners to close poultry farm business as arbitrary and illegal and violation of Article 14, 19, 21 and 300A of Constitution of India and consequently direct the 2nd respondent not to interfere with the poultry farm business of the petitioner situated at
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30369/2025 KOTYADA SRINIVASA RAO, S/O. KOTYADA SANYASI, DR.NO. 2 KOTYADA VARI KALLALU, NEAR ANDHRA BANK, ANANDAPURAM MANDAL, ANANDAPURAM, VISAKHAPATNAM. MOPADA SRINIVASA RAO, S/O. RAMA MURTHY, DR.NO. 2 51,NEAR VODAFONE TOWER, ANANDAPURAM MANDAL, ANANDAPURAM, VISAKHAPATNAM. ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ANANDAPURAM GRAMA PANCHAYATI, ANANDAPURAM VILLAGE, EEMUNIPATNAM MANDALAM, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PANCHAYAT SECRETARY.
...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 ma issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the Poultry farm business of the petitioner without following due process of law and forcing the petitioners to close as arbitrary and illegal and violation of Article 14, 19, 21 and 300A of Constitution of India and consequently direct the 2nd respondent not to interfere with the poultry farm business of the petitioner situated at RC,J W.P.No.30369 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE FIRST DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI KOTYADA SRINIVASA RAO, S/O. KOTYADA SANYASI, DR.NO. 2-52, KOTYADA VARI KALLALU, NEAR ANDHRA BANK, ANANDAPURAM MOPADA SRINIVASA RAO, S/O. RAMA MURTHY, DR.NO. 2- 51,NEAR VODAFONE TOWER, ANANDAPURAM MANDAL, ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, ANANDAPURAM GRAMA PANCHAYATI, ANANDAPURAM VILLAGE, EEMUNIPATNAM MANDALAM, VISAKHAPATNAM DISTRICT, ...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 issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the Poultry farm business of the petitioner without following due process of law and forcing the petitioners to close as arbitrary and illegal and violation of Article 14, 19, 21 and 300A of Constitution of India and consequently direct the 2nd respondent not to interfere with the poultry farm business of the petitioner situated at
RC,J W.P.No.30369 of 2025
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Anandapuram village, Bheemunipatnammandal, Visakhapatnam district, without following due process of law in the interest of Justice.
IA 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 direct the 2'^^ respondent not to interfere with the poultry farm business of the petitioner situated at Anandapuram village, Bheemunipatnam mandal, Visakhapatnam district, without following due process of law pending disposal of the above Writ Petition in the interest of Justice Counsel for the Petitioner(S):
1. Y BHANUSRI AKHILA Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. Yarraguntla.KoteswaraRao,Standing Counsel For ZillaPrajaParishads,MandalPrajaParishads and Gra The Court made the following:
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ORDER
This writ petition is filed questioning the action of the respondent authorities in forcing the petitioners to close the Poultry Farm, without following due process of law and in violation of Articles 14,19, 21 and 300A of the Constitution.
2. Heard Ms. Y.Bhanu Sri Akhila, learned counsel for the petitioners, Sri Y.Koteswara Rao, learned Standing Counsel for Gram Panchayat and Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj.
3. Ms.Y.Bhanu Sri Akhila, learned counsel for the petitioners, while reiterating the contents of the writ affidavit would contend that the authorities are forcing the petitioners to close the Poultry Farm without following due process of law which the authorities cannot do and accordingly prayed to allow the writ petition.
4. Sri Y.Koteswara Rao, learned Standing counsel, on written instructions of the Panchayat Secretary dated 29.11.2025, would contend that the petitioners had obtained permission for establishment of poultry farm with two (02) sheds only, whereas they had erected thirty (30) sheds and therefore, the authorities intend to take action in accordance with law.
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5. Perused the material available on record and considered the
submissions made by learned counsel for the parties.
6. The petitioners are alleging that the authorities are forcing them to close the poultry farm established by obtaining necessary permissions, without following due process of law. Whereas according to the panchayat authorities, the petitioners had obtained permission for establishment of poultry farm with two (02) sheds only, but they had erected as many as 30 sheds and hence the authorities would take steps in accordance with law.
7. Since the authorities undertook to follow due process of law, without going into merits of the matter, this writ petition can be disposed of.
8. Accordingly, this writ petition is disposed of, directing the authorities concerned not to interfere with the poultry farm business of the petitioners, except under due process of law. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
____________________________ JUSTICE RAVI CHEEMALAPATI
DATED: 1ST DAY OF DECEMBER, 2025.
RR
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