THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8343 of 2010 April 19, 2010 Between: Smt.Krishna Ladda, W/o.Suryaprakash Ladda And others … Petitioners And The District Collector (Panchayat Wing), Warangal District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.8343 of 2010 ORDER: All the 15 petitioners are residents of Dornakal, a small town in Warangal District, which is a Panchayat. They are admittedly non- vegetarians belonged to Vysya and Brahmin communities. They are aggrieved by establishment of fish market on the second main road. They gave a representation to Hon’ble Chief Minister on 15.3.2010, aggrieved by the resolution dated 11.12.2009 passed by Dornakal Gram Panchayat. As per the resolution a new fish market building is to be constructed on the second main road, which should be under control of Gram Panchayat. Therefore, in effect, petitioners are aggrieved by the said resolution and by filing writ petition, they seek to invalidate the said resolution as being illegal, arbitrary and unjust. The contention of petitioners, which is very effectively argued by their counsel before this Court is that fish market is to be constructed in the midst of the residential area where most of the vegetarian families leave and that it is at a distance of 100 feet from Jain Mandir and therefore it would affect the sentiments of the people. The Government Pleader for Panchayat Raj submits that as the resolution is challenged directly before this Court, writ petition would not lie and the remedy is to approach the Government. The law does not prohibit the fishermen to carry out their traditional avocation or to sell their catch in a fish market. The law also does not prohibit persons from eating fish or other non-vegetarian food. The conflict of choices leading to violation of fundamental rights of one group under Article 19(1)(g) of Constitution and liberty under Article 21 of Constitution need to be resolved always in favour of those who assert the fundamental rights. There is no fundamental right for anybody to prohibit the Government from constructing a fish market unless such activity is prohibited by law. Be that as it is, the counsel also submits that the resolution was passed illegally. If that be so, the remedy is to approach the Government under Section 246 of Andhra Pradesh Panchayat Raj Act, 1994 (the Act) and seek its cancellation. Liberty is given to petitioners to file a formal application under Section 246 of the Act. The writ petition is wholly misconceived and is accordingly dismissed. ______________ (V.V.S. RAO, J) April 19, 2010 NOTE: Dispatch order copy in one week. (By order) YS