IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION Nos : 24325 & 24327 of 2008 WRIT PETITION NO : 24325 of 2008 Between: 1 N.Venkatanarayana, S/o.Subrahmanya Prakasa Rao, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. 2 N.Venkateswara Rao, S/o.Subrahmanya Prakasa Rao, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. 3 Vundavalli Sri Ramulu, S/o. Atcha Rao, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. ..... PETITIONERS AND 1 The District Collector, (Panchayat Wing), Kakinada, East Godavari District. 2 The Divisional Panchayat Officer, Rajahmundry, East Godavari District. 3 The Gram Panchayat, Vangalapudi Village, Seethanagaram Mandal, East Godavari District. Rep by its Panchayat Secretary. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring action of the 2nd respondent in seeking to remove the Poultry sheds owned by the petitioners in Sy.No.56/3 situated in Vangalapudi Village, Seethanagaram mandal, East Godavari District without passing any order as illegal, arbitrary land unjust in violation of Art.14 and 21 of the Constitution of India and Consequently direct the respondents not to demolish or remove the Poultry sheds owned by the petitioners without following due process of law in the interest of justice and to pass such other orders. WRIT PETITION NO : 24327 of 2008 Between: 1 Gadde Tatabbai, S/o. Gangaraju, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. 2 N.Venkateswara Rao, S/o.Subrahmanya Prakasa Rao, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. 3 Vundavalli Sri Ramulu, S/o. Atcha Rao, R/o. Vangalpudi Village, Sitangaram Mandal, East Godavari District. ..... PETITIONER AND 1 The District Collector, (Panchayat Wing), Kakinada, East Godavari District. 2 The Divisional Panchayat Officer, Rajahmundry, East Godavari District. 3 The Gram Panchayat, Vangalapudi Village, Seethanagaram Mandal, East Godavari District. Rep 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 herein the High Court will be pleased to to issue appropriate writ or order or direction more particularly one in the nature of writ of mandamus declaring action of the 2nd respondent in seeking to remove the Poultry sheds owned by the petitioners in Sy.No.82/1 situated in Vangalapudi Village, Seethanagaram mandal, East Godavari District without passing any order as illegal, arbitrary land unjust in violation of Art.14 and 21 of the Constitution of India and Consequently direct the respondents not to demolish or remove the Poultry sheds owned by the petitioners without following due process of law in the interest of justice and to pass Counsel for the Petitioners:MR.K.VENKATESH Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.3: Mr. M. Prabhakar Rao The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION Nos.24325 & 24327 of 2008 Common Order: Since the issue involved in these two writ petitions being the same, they are disposed of by this common order. The petitioners filed these two writ petitions questioning the action of the third respondent-Gram Panchayat in trying to remove the poultry sheds constructed by them. On 6.11.2008, when the matters have come up ‘for admission’, this Court had granted stay of demolition of the poultry farms of the petitioners. When the matter is pending thus, it is stated that the third respondent again issued notices on 13.11.2008 under Section 94(a) of the A.P.Panchayat Raj Act directing them to remove the poultry farms and the petitioners stated to have submitted their explanation/objections to the said notices on 21.11.2008. However, the grievance of the petitioners is that no action is taken on the same. Hence, the petitioners, seek a direction from this Court to the third respondent-Gram Panchayat to pass appropriate orders in the matter after taking into consideration the explanation/objections dated 21.11.2008 submitted by them, for which course of action, the learned Standing Counsel for the Gram Panchayat has no objection. In the circumstances, the writ petitions are disposed of with a direction to the third respondent-Gram Panchayat to pass appropriate speaking order in the matter after taking into consideration the explanation dated 21.11.2008 submitted by the petitioners. Till such time, the third respondent-Gram Panchayat is directed not to demolish the poultry farms of the petitioners. No costs. ________________ N.V. RAMANA,J DATE: 4th June, 2009 pnb