HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.33561 of 2010 Date : 23-3-2011 Between : Anumula Mahender and another .. Petitioner and The Gram Panchayat, Elgandal, represented by its Panchayat Secretary, Karimnagar Mandal, Karimnagar District and others .. Respondents Counsel for petitioners : Sri K.Venumadhav Counsel for respondent Nos.1 & 2 : Sri P.Raghavender Reddy Counsel for respondent No.3 : A.G.P. for Panchayat Raj The Court made the following : ORDER: This Writ Petition is filed for a mandamus to set-aside notice dated 6-12-2010 of respondent No.2 whereby he has directed the petitioners to stop construction of poultry farm in Sy.Nos.134A, 134B and 139C of Sriramulapally village, Elgandal Gram Panchayat, Karimnagar District. I have heard Sri K.Venu Madhav, learned counsel for the petitioners and the learned counsel representing Sri P.Raghavender Reddy, learned Standing Counsel for respondent Nos.1 and 2. The petitioners have established a poultry over their lands admeasuring Ac.3-00 in the above mentioned survey numbers. As a part of expansion of the poultry, the petitioners applied for and obtained permission from respondent No.1 on 24-4-2009 for construction of two additional sheds. It is the pleaded case of the petitioners that while one shed was already constructed, when they commenced construction of the second shed, respondent No.2 issued the impugned notice on the purported ground that running of poultry is causing inconvenience to the villagers. It is the pleaded case of the petitioners that while the permission granted by respondent No.1 for construction of the two additional sheds is in force, it is not permissible for respondent No.2 to issue such a notice. In the counter affidavit filed by respondent No.2 it is inter alia stated that running of the poultry farm by the petitioners within two furlongs from human habitation is causing health hazards to the villagers, that the petitioners have already established poultry with 25,000 birds without permission, that verification of record shows that no permission was issued by the Gram Panchayat in the year 2009, that even assuming that such a permission was granted, the construction should have been completed within one year, that when the petitioners started construction of the sheds, the villagers of Elgandal Gram Panchayat and Kamanpur Gram Panchayat including the Sarpanchas of both the villages made a representation to the District Collector on 6-12-2010, that the latter has directed the Gram Panchayat to prevent the petitioners from constructing the sheds and that consequently the impugned notice was issued. At the hearing, the learned counsel for the petitioners placed before the court a copy of proceedings vide letter No.A4/614/2010-Pts., dated 3-1-2011 of the Divisional Panchayat Officer, Karimnagar wherein he has informed the District Panchayat Officer, Karimnagar that he has conducted an enquiry in the presence of the complainants, the Sarpanch/MPTC etc. It is further stated that his spot inspection revealed that in addition to the newly constructed sheds, there are two poultry sheds which are in existence since 2004 and that the proposed construction is taken up with prior permission of the Gram Panchayat. He has also referred to the permission given by the Veterinary Assistant Surgeon while enclosing a copy of the same and that under G.O.Ms.No.748, PR, dated 4-7-1978 and G.O.Ms.No.332, PR dated 3-7-1985, the poultry sheds shall be constructed at least 20 yards away from human habitation, that the proposed constructions are 400 yards away from the human habitation and agricultural fields. The Divisional Panchayat Officer has therefore opined that the location of the poultry farm is not harmful to human beings. In the light of the above report, it is appropriate that respondent Nos.1 and 2 shall reconsider the notice issued to the petitioners and take appropriate decision after giving them an opportunity of being heard. Respondent No.3 shall forward report dated 3-1-2011 of the Divisional Panchayat Officer referred to above, to respondent No.1 to enable it to reconsider the issue of stoppage of construction of the poultry sheds by the petitioners. Till a further decision is taken as directed above, respondent Nos.1 and 2 shall not prevent the petitioners from running the poultry at the present place. The Writ Petition is accordingly disposed of with the above directions. As a sequel to disposal of the Writ Petition, WPMP No.42543/2010 is disposed of as infructuous. ____________________ C.V.Nagarjuna Reddy.,J Date : 23-3-2011 AM