J.Narayana, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2786 AP

           HIGH COURT OF ANDHRA PRADESH
               MAIN CASE: W.P. No. 11175 of 2023

                            PROCEEDING SHEET

SL.     DATE                            ORDER                            OFFICE
NO.                                                                       NOTE

02.   03.05.2023   RNT, J

                         Heard Sri P. Vivek, learned counsel for the
                   petitioners and Sri P. Anand Surya, learned
                   counsel, representing respondents No.2 & 3.

2. Sri P. Anand Surya, submits that as per his instructions, the proposal for allotment of areas of place for rearing of pigs is pending and presently any area has not been earmarked for the said purpose.

3. Learned counsel for the petitioners submits that the petitioners are rearing their pigs in the closed premises as mentioned in the writ affidavit and those areas considerably are far away from the residential abode.

4. He has further placed reliance on the following judgments of this Court in the cases of (1) Kumba Rama Joshi and ors. v. State of Andhra Pradesh, rep. By its Principal Secretary and ors. [IA.No.1 of 2022 in W.P.3581 of 2022, decided on 10.02.2022], (2)Dera Thiripalu and ors. v. State of Andhra Pradesh, rep. By its Principal Secretary and ors. [W.P.No.38365 of 2016, decided on 27.04.2022], (3) Sangadala Venkataramana v. State of Andhra Pradesh, rep.

SL.   DATE                           ORDER                           OFFICE
NO.                                                                   NOTE

By its Principal Secretary and ors. [W.P.No.4248 of 2016, decided on 10.04.2016], (4) Andhra Pradesh Adimajati Seva Sangham v. Guntur Municipal Council [AIR 1987 AP 193] etc.. on the same subject.

5. In Andhra Pradesh Adimajati Seva Sangham (supra) the following direction was issued by this Court:

"1) The Government on its own and by issuing appropriate directions to the Municipal Corporations, Municipalities and Gram Panchayats, identify places outside the limits of the cities, towns and villages for locating the pig-establishments.

2) It is desirable to identify 3 or 4 alternative places and give the choice of selection to the pig-owners to move into;

3) As far as possible the areas should be identified within a distance of 3 to 5 Kms. from the end of the Municipal or Panchayat limits and the places selected should be such as would ensure proper surroundings for the survival of the pigs.

4) Specific extents of land, whether it is waste-

land, poramboke or otherwise may be allotted to the petitioners and other pig- owners either on payment of a specified lease amount or may be sold to them on such terms as may be found mutually acceptable.

5) Once the areas are identified and the petitioners and other pig-owners make a choice they must be allowed to move into the respective places within three days. All possible help should be rendered to them to move out as it is not only a question of moving the pig establishments outside, but even the owners have to move their residences to be in the close vicinity of the areas where the pig establishments are located.

6) The petitioners and other pig-owners should

SL. DATE ORDER OFFICE NO. NOTE be asked to make applications for written permissions or licences and the authorities concerned should grant written permissions or licences within one week from the date of receipt of the applications in accordance with law.

7) In order to establish that a pig has licence, it is desirable that the authorities concerned supply to the pig-owners tokens to be hung around the neck of the pigs so that any pig not having a token around its neck shall be considered to be an unlicenced pig and it will be open to the Government to destory the same.

8) Periodical supervision should be made by the authorities concerned to satisfy themselves that licensed pigs are not straying into the city, town and village limits.

9) The petitioners and other pig owners should be educated about their obligation to rear the pigs in a proper manner and comply with the statutory formalities."

6. Let the counter affidavit be filed within a period of four weeks. Reply affidavit, if any, be filed within further period of two weeks.

7. Post on 12.07.2023.

8. Till the next date of listing, the respondents are directed to strictly follow the directions contained in the judgment of the Division Bench of this Court [AIR 1987 AP 193], as reproduced above.

9. The petitioners shall also ensure that the rearing of pigs is within the closed premises and not on the roads.

_________ RNT, J Dsr