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2026 DAILYLAW 3467 (AP)

Sri T PRAHLADA REDDY v. THE STATE OF ANDHRA PRADESH

WP/4825/2026 · 2026-06-24

K Sreenivasa Reddy

body2026

Judgment text

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Date of reserved for orders : - - - Date of pronouncement : 25.06.2026 Date of uploading : 30.06.2026 APHC010080772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 25th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 4825/2026 Between: 1. SRI T PRAHLADA REDDY, S/O BAKKA REDDY, AGED ABOUT 48 YEARS, R/O D.NO.1-6, MAKAMAMBAPURAM, THIRUMALAIAH PALLI VILLAGE, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT - 517569. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS. PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT. DEPARTMENT, SECRETARIAT, AMARAVATI. - 522238. 2. THE DISTRICT COLLECTOR CHITTOOR, CHITTOOR DISTRICT - 517001. 3. THE DISTRICT PANCHAYAT OFFICER CHITTOR, CHITTOOR DISTRICT. - 517001. 4. THE EXTENSION OFFICER PR AND RD, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT.- 517569. 5. THE MANDAL PARISHATH DEVELOPMENT OFFICER MPDO, VEDURUKUPPAM MANDAL CHITTOR DISTRICT. - 517569. 6. THE THIRUMALAIAHPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT. - 517569. 7. SRI K RAMAKRISHNA REDDY, S/O K. MARKONDA REDDY, AGED MAJOR, R/O MAKAMAMBAPURAM, THIRUMALAIAH PALLI VILLAGE, VEDURUKUPPAM MANDAL, CHITTOOR DISTRICT - 517569. ...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 SRK, J W.P.No.4825 of 2026 2 may be pleased to issue an appropriate Writ, Order or Direction, more particularly a Writ of Mandamus, the Respondents to declare the proceedings Rc.No. EO (PR and RD) 09/2025 dated 27.02.2025 as illegal, arbitrary and contrary to law, set aside the same, and consequently direct the respondents not to interfere with the poultry farm being run by the petitioner in an extent of Ac.2.32 cents in Sy.No.225/2 of Makamambapuram Village, Makamambapuram Revenue Village, Vedurukuppam Mandal, Chittoor District and to pass IA NO: 1 OF 2026 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 proceedings Rc.No. EO (PR and RD) 09/2025 dated 27.02.2025 and consequently direct the respondents not to interfere with the poultry farm activity of the petitioner in an extent of Ac.2.32 cents in Sy.No.225/2 situated at Makamambapuram Revenue Village, Vedurukuppam Mandal, Chittoor District, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta Sudhir, Standing Counsel For Z.P.Ps, M.P.Ps, Gram Panchayats The Court made the following: SRK, J W.P.No.4825 of 2026 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly a Writ of Mandamus, the respondents to declare the proceedings Rc.No.EO(PR & RD) 09/2025 dated 27.02.2025 as illegal, arbitrary and contrary to law, set-aside the same, and consequently direct the respondents not to interfere with the poultry farm being run by the petitioner in an extent of Ac.2.32 cents in Sy.No.225/2 of Makamambapuram village, Makamambapuram Revenue Village, Vedurukuppam Mandal, Chittoor District, and pass such other order or orders…” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Gram Panchayat representing respondent Nos.1 to 4, learned Standing Counsel for Gram Panchayat, representing respondent Nos.5 and 6. 3. Contents of the affidavit filed by Writ Petitioner, in brief, are that he is the absolute owner and possessor of agricultural land admeasuring Ac.2.32 cents in Sy.No.225/2 of Makamambapuram Revenue village, Vedurukuppam Mandal of Chittoor District; that after verification of his title and possession, the Gram Panchayat granted permission for construction of poultry sheds. While so, 7th respondent made a complaint on 18.02.2025 to 4th respondent objecting the establishment of the poultry farm. The objection of 7th respondent is only an afterthought and not reflective of the view of SRK, J W.P.No.4825 of 2026 4 the villagers, for the reason that, the residents of Makamambapuram village submitted a representation to the Panchayat Secretary on 12.11.2024 stating that the proposed poultry shed is situated at a distance of about 600 meters away from the village and they have no objection whatsoever for establishment of the poultry farm. Pursuant to the application made by 7th respondent, the respondent No.4 vide Proceedings in Rc.No.EO (PR & RD) 09/2025, dated 27.02.2025 directed the Writ Petitioner to stop construction of the poultry farm until the problem is resolved. Grievance of the Writ Petitioner is that he invested substantial amounts and commenced poultry activity and by virtue of the order passed by the 4th respondent, he would sustain irreparable loss. Hence, the Writ Petition. 4. Learned Assistant Government Pleader for Panchayat Raj representing respondent Nos.1 to 4, on oral instructions, submits that as per the guidelines issued by the National Green Tribunal, new poultry farms should preferably be established 500 meters away from the residential zone in order to avoid nuisance caused due to odour and flies, 100 meters away from major water course like River, Lakes, Canals and drinking water source like wells, summer storage tanks, in order to avoid contamination due SRK, J W.P.No.4825 of 2026 5 to leakages/spillages, if any. Learned Assistant Government Pleader further submits that as per the Village Revenue Records of Gram Panchayat, Makamambapuram, the poultry farm has been constructed in an area of Ac.2.32 cents in Survey No.225/2 at a distance of 300 meters from Kamamambapuram village gate and the distance from the house of 7th respondent to the poultry farm is 95 meters, and considering the same, the Writ Petitioner was directed not to take up construction of poultry farm until the problem is resolved. Hence, it is prayed to dismiss the Writ Petition. 5. Perused the material available on record. 6. A perusal of the material on record goes to show that vide Proceedings in B.A.No.1/11/2024, dated 18.11.2024, the respondent No.6 granted license to the Writ Petitioner to establish a poultry farm in Survey No.225/2 of Makamambapuram Revenue Village, Vedurukuppam Mandal, Chittoor District. 7. It is the allegation of respondent No.7 that the poultry farm, which is proposed to be constructed by the Writ Petitioner, is nearer to his residence and stating the same, as it would cause health problem, he made a representation though Public Grievance SRK, J W.P.No.4825 of 2026 6 Redressal System vide Application No.CTR20250218276, dated 18.02.2025 seeking for its stoppage. 8. Pursuant to the same, respondent No.4 in its Letter No.EO (PR & RD)/09/2025, dated 27.02.2025 states that the proposed poultry farm was being constructed in an extent of Ac.2.32 cents in Survey No.225/2, and the distance between the place of construction and Makamambapuram village is 300 meters and further, the distance between the place of construction of poultry farm and the house of 7th respondent is 95 meters. Therefore, a notice was issued to the Writ Petitioner for violating the guidelines issued by the authority concerned. 9. It is apparent from the material on record that when the aforesaid issue was brought to the notice of 2nd respondent/District Collector of Chittoor District, the respondent Nos.5 and 6 along with the Village Surveyor were directed to inspect in the field level and till the issue is resolved, the Writ Petitioner was directed not to take construction work of the poultry farm. 10. Having regard to the facts and circumstances of the case, and in view of the fact that, 2nd respondent/District Collector, Chittoor has already directed the respondent Nos.5 and 6 to SRK, J W.P.No.4825 of 2026 7 inspect, along with the Village Surveyor, in the field level, the respondent Nos.5 and 6 are directed to conduct the said field level inspection of the subject premises with the assistance of Village Surveyor, at the earliest and submit a report to 2nd respondent/ District Collector, Chittoor, who in turn, shall take decision on the representation submitted by 7th respondent through Public Grievance Redressal System vide Application No. CTR20250218276, dated 18.02.2025. The entire process shall be completed within a period of Four (04) weeks from the date of receipt of copy of this order. 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 25th June, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓