Pinnamaneni Sudha Rani, W/o. Gangadhar Rao v. State of Andhra Pradesh
2025-08-07
VENKATESWARLU NIMMAGADDA
body2025
DigiLaw.ai
ORDER : VENKATESWARLU NIMMAGADDA, J. The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in threatening to take coercive steps against the petitioners’ “Pinnamaneni Dairy Farm’’ situated in R.S.No.112/2 of Allipallli/Utasamudram Village, ChintalapudI Mandal, Eluru District without considering the petitioners’ reply dated 10.07.2025 and without passing any order basing on the reply as Illegal, arbitrary, unlawful, against the principals ofnaturaljustice and violation of Articles 14, 19, 21 and 300-A of The Constitution of India and conseguently to direct the respondent not to involve In day to day works of “Pinnamaneni Dairy” and pass such other order or orders...” 2 Heard learned counsel for the petitioners and learned Government Pleader for the respondents. 3. Learned counsel for the petitioners submits that the petitioners herein are running a dairy farm in the name and style of “Pinnamaneni Dairy Farm and constructed cattle sheds under the Udyam scheme granted by Ministry of Micro, Small & Medium enterprises which was situated in R.S.No.112/2 of Allipalli/Utasamudram Village, Chintalapudi Mandal, Eluru District and the same was registered on 19.02.2020. - 4. Learned counsel for the petitioners further submits that the said dairy farm has been running since, 2020, after obtaining due permissions. The said farm was assessed by the Gram Panchayat vide Assessment No.780 for property tax and the same have been paid regularly. As such, the petitioners herein are running the subject dairy farm without there being any interference or hindrance from any quarter, so far. While so, to the surprise of the petitioners, respondent No.5 herein issued impugned notice dated 04.07.2025 alleging that the petitioners’ farm is causing pollution to Chintala Cheruvu tank through Kalangi Channel by discharging/ releasing urine/dung wastage of farm into the field channel and then to Chintala Cheruvu tank. It is further directed that the petitioners should establish wastage and sewage treatment plant or divert the said sewage and wastage by way of conservation methods as available to make use for agricultural operations as manure. The subject alternative methods shall arrest the sewage and wastage of the subject dairy farm and to be completed within a period of 15 days. 5.
The subject alternative methods shall arrest the sewage and wastage of the subject dairy farm and to be completed within a period of 15 days. 5. Learned counsel for the petitioners further submits that pursuant to the said notice, the petitioners herein submitted a detailed explanation on 09.07.2025, wherein, the petitioners answered ail queries raised at the notice and further submitted by undertaking that the dairy farm would not cause any pollution of tank or inconvenience to the villagers by leaving the waste of the dairy farm into the subject tank. He further submits that without considering the said explanation, the respondents are trying to initiate coercive action against the petitioners. Aggrieved by the same, the petitioners herein filed the present writ petition. - 6. On the other hand, learned Standing Counsel for the Gram Panchayat appearing for respondent No.5 furnished written instructions dated 06.08.2025, wherein, it is stated that some of the villagers submitted a representation to the Gram Panchayat as well as respondent No.4 herein on 10.03.2025 complaining that the petitioner dairy farm by discharging the sewage and dung wastage of the dairy farm into Chintala Cheruvu tank, there by polluting the water of the subject tank. Pursuant to the representation of the villagers, respondent No.5 Gram Panchayat issued notice directing the petitioners herein not to cause any pollution to the subject tank by discharging wastage of the dairy farm into the tank. 7. After considering the explanation submitted by the petitioners, the respondent No.5 informed the complainants on 18.07.2025 stating that the petitioners were directed to provide alternative sewage and dung wastage treatment plant or other conservation methods to arrest the release or discharge of any sewage and dung wastage into chintala cheruvu tank. Accordingly, the same was addressed to the villagers. It is further submitted that if the petitioners intend to proceed and make alternative arrangements, no coercive steps will be initiated by the Gram Panchayat. But in the absence of same, the respondent No.5 have no other option except to proceed further in accordance with law, in terms of the notice dated 04.07.2025. - 8.
It is further submitted that if the petitioners intend to proceed and make alternative arrangements, no coercive steps will be initiated by the Gram Panchayat. But in the absence of same, the respondent No.5 have no other option except to proceed further in accordance with law, in terms of the notice dated 04.07.2025. - 8. Considering the submissions made by both the learned counsel and on perusal of the material placed on record as well as the written instructions issued by respondent No.5, it is observed that the petitioners have neither established at the subject dairy farm with any sewage and wastage solvent treatment plant nor diverting the entire wastage and sewage to the agricultural fields abutting to the farm after getting consent from the land lords, which is more useful for their agricultural operations/ crops. It is further observed that instead of doing so, as per the contents of the villagers the petitioners have been discharging the sewage and wastage of the subject dairy farm into the tank through field channels is one of the most objectionable pollution activity on part of the petitioners. Once the tank is vested with the respondent No.5 and earmarked for the purpose of drinking water source, any pollution by discharging the wastage of dairy farm into the tank is hazardous to the health of the villagers and persons who depend on the tank including livestock. 9. Therefore, the petitioners herein are directed to make alternative arrangements either by way of construction of conservative methods to convert biomass manure by keeping the entire wastage in their premises and also by constructing Biomass/ sewage treatment plant. On construction of such treatment plant, after treatment, the same can be discharged to the fields in and around the dairy farm with the consent of farmers. The entire exercise of arranging alternative methods shall be completed by petitioners within period of three (03) months from the date of receipt of a copy of this order. Failing which, respondent Nos. 4 and 5 are at liberty to proceed further in accordance with law. Further, the respondent Nos. 4 and 5 are restrained from any coercive action/ steps till completion of the establishment of plant as directed for a period of three months. However, the discharging or letting out wastage into the tank to be arrested with immediate effect. 10. With the above directions, the writ petition is disposed of.
Further, the respondent Nos. 4 and 5 are restrained from any coercive action/ steps till completion of the establishment of plant as directed for a period of three months. However, the discharging or letting out wastage into the tank to be arrested with immediate effect. 10. With the above directions, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.