APHC010193312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY ,THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11566/2025 Between: V.g.m. Achyutha Rama Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. K VENKATA SUBBAIAH Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri K. Venkata Subbaiah, learned counsel for the petitioner, Sri G. Naga Bhushanam, learned Assistant Government Pleader for Endowments, Smt. Radhika Pulipati, learned Standing Counsel for Endowments. 2. The writ petition is directed against the action of the 6th respondent Temple in blocking the way on the northern side of the 2 Entrance of Sridevi Bhydevi Sametha Sri Venkateswara Swamy Temple, Gundugolanu, Bhimadole, by dumping the earth over about 5 feet. 3. The petitioner claiming to belong to the founder family of the Venkateswara Swamy Temple, states that the adjacent 6th respondent Veeranjaneyaswamy Temple has obtained permission from the 2nd respondent for reconstruction, and the reconstruction of the temple has been taken up by the 7th respondent with his own funds. In the process, the existing structures were removed, and the grounds were leveled; in that process, loads of earth were dumped right in front of the northern side entrance of the Venkateswara Swamy Temple. 4. Smt. Radhika Pulipati the learned Standing Counsel for Endowments appearing for the 6th respondent Temple, on instructions, would argue that the 6th respondent has obtained permissions for reconstruction of the Temple, accordingly, the Temple was demolished and in terms of the new plan the foundation of the Temple has to be raised to a height of 8 ft from the ground. In that connection, the material purchased by the Temple was dumped in the 6th respondent Temple, the blockage is temporary and the same is partial. It is further stated that since the northern side entrance would only be opened at particular period of the year no inconvenience either to the Temple goers or to the Temple would be caused. It is further stated that the same would be removed once the ground breaking ceremony is done. 3 5. Considered the rival submissions. This court is of the view that merely because the northern side entrance gate of the Temple is not being put to use, it does not justify the action of the people acting on behalf of the 6th respondent to dump the material indiscriminately in neighbour's property on the pretext that his neighbour would normally don't use the said entrance gate. 6. In the circumstances, this Court deems it appropriate to dispose of the Writ Petition directing the respondent No.6 to remove the encroachment which is blocking the way on northern side entrance (Uttaradwaram) of Sridevi Bhudevi Sametha Sri Venkateswara Swamy Temple, Gundugolanu Village, Bhimadole, Eluru District, within a period of four (04) weeks from the date of receipt of this order. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 02.05.2025 Note: Issue CC by 06.05.2025 B/o MSI 4 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11566/2025 Date: 02.05.2025 Note: Issue CC by 06.05.2025 B/o MSI