HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.18832 OF 2021
ORDER:
Heard Mr. T. Rahul, learned counsel for the petitioners, learned Assistant Government Pleaders for Municipal Administration & Urban Development; Revenue and Home appearing on behalf of respondent Nos.1, 2 and 4 respectively, and Ms. M. Bhagyasri, learned Standing Counsel for Municipality appearing on behalf of respondent No.3.
2. As per the averments made in the affidavit filed in support of the writ petition, the case of the petitioners is that they are eking out their livelihood by rearing of pigs. Respondent No.3, Municipality, has entrusted the job of catching their pigs to private agency for transporting, selling and destroying them. The grievance of the petitioners is that the action of respondent No.3 is not in accordance with law and also contrary to the guidelines laid down by a Division Bench of the erstwhile High Court of Andhra Pradesh in Andhra Pradesh Adimajati Seva Sangham v. Guntur Municipal Council1.
3. Ms. M. Bhagyasri, learned Standing Counsel, on instructions, would submit that the petitioners have left their pigs on the streets, and as the moving of the pigs irregularly will result in speared of contagious diseases, the people of the localities, made 1 . AIR 1987 AP 193 2 complaints, and considering the same, respondent No.3 - Municipality directed the petitioners to take necessary steps to contain the pigs to the specified areas allocated for the said purpose, but they did not heed to their directions and were adamant, and, therefore, left with no other option, respondent No.3 entrusted the job of catching pigs to the agencies to prevent the spread of contagious diseases, and the said action cannot be found fault with, especially in the present COVID-19 pandemic. Therefore, she submits that no exception can be taken to the impugned action.
4. The learned Standing Counsel further submits that the Common High Court for the States of Telangana and Andhra Pradesh at Hyderabad in W.P.No.3140 of 2015 dated 23.02.2015 disposed of the writ petition following the earlier common order of the erstwhile High Court of Andhra Pradesh at Hyderabad in W.P.No.23871 of 1999 and batch dated 28.11.2000, which relied on its Division Bench Judgment in Andhra Pradesh Adimajati Seva Sangham1, and hence similar order may be passed.
5. The learned counsel for the petitioners does not dispute the same.
6. In that view of the matter and for the reasons alike in the common order dated 28.11.2000 in W.P.No.23871 of 1999 and batch, this writ petition is disposed of in terms of the aforesaid common 3 order. However, in the circumstances of the case, there shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending in the present writ petition shall stand closed.
_________________ K. LAKSHMAN, J 27th October, 2021 Note: Registry to annex a copy of Common Order dated 28.11.2000 in W.P.No.23871 of 1999 (B/O.) Mgr