Andhra Pradesh High Court - Amravati
B Vasudeva Naidu vs The State Of Ap on 24 April, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3873 of 2023
ORDER:
The petitioner had undertaken the construction of a
Poultry Farm in the land belonging to him in Sy.No.131/4B of
Ragimanupenta Revenue Village, Bangaruapallem Mandal,
Chittotor District. The Panchayat Secretary of the said Gram
Panchayat, which is arrayed as respondent No.4 had issued a
notice, dated 04.01.2023, calling upon the petitioner not to
make any further construction of the buildings which are
under construction. Failing which, he would be liable for
necessary action under the Panchayat Raj Act, 1993.
Aggrieved by the said order, the petitioner had approached
this Court with the contention that the said notice is clearly
arbitrary and violative of principles of natural justice as the
petitioner was not given an opportunity of hearing before
such a notice was given. The petitioner would also contend
that he has already been granted building permission, for
construction of the poultry farm. For this purpose, he relies
upon the proceedings of the Panchayat Secretary bearing
ROC.No.4, dated 03.12.2022. The Panchayat Secretary has
also filed a counter in which it is stated that the construction
of the poultry farm undertaken without obtaining any
permission and the permission granted on 28.12.2022 was
for a Food Processing Unit, consisting of RCC construction
whereas the construction actually being carried out by the
petitioner is for a poultry farm. It is further stated that
objections and complaints were received by the persons in
the area on the ground that construction of such a poultry
farm, and rearing of poultry in the said farm would cause
nuisance and amount to hardship to the people in the area.
2. The writ petitioner has not filed the application
for building permission sought by the petitioner. The
petitioner is relying solely on the proceedings of the Gram
Panchayat, dated 03.12.2022, to contend that he had
permission for construction of a poultry farm. The contents of
the permission dated 03.12.2022 show that no such
permission has been granted.
3. The contention of the petitioner that there has
been a violation of principles of natural justice would also not
be relevant on account of the Judgment of the Hon'ble
Supreme Court in Dharampal Satyapal Limited vs. Deputy
Commissioner of Central Excise, Gauhati and Others1
wherein the Hon'ble Supreme Court while propounding the
principle of "useless formality" had held that mere violation of
an opportunity of hearing by itself would not amount to
violation of principles of natural justice unless prejudice can
be shown by the petitioner.
4. In the present case, this Court does not find any
such prejudice as the entire construction, admitted by the
petitioner himself, is in violation of the permission granted. In
such circumstances, this Court does not find any reason to
interfere and this writ petition is dismissed.
5. Accordingly, this Writ Petition is Dismissed. There
shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
24.04.2023
RJS
(2015) 8 SCC 519
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.3873 of 2023
24-04-2023
RJS
