\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT • V THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10266 OF 2025 Between: Badampudi Ammaji, W/o Satya Srinivas, Aged about 40 years, House-wife, R/o D.No. 6-48, Ramalingeswra Swamy Devasthanam Street, Beside Ramaingeswara Swamy Dvasthanam, Ramavaram Village, Anaparthi Mandal, East Godawari District. PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Endowments) Secretariat, Velagapudi, Guntur District. 2. The District Collector, East Godavari District at Rajamahendravaram 3. The Commissioner, Endowments Department Gollapudi, Krishna District 4. Deputy Commissioner of Endowments, East Godavari,Kakinada. 5. Executive Officer, Sri Ramalingeswara Swamy Devasthanam, Ramavaram Village, Anaparthi Mandal, East Godavari District. 6. The Panchayat Secretary, Ramavaram Gram Panchayat Office, Ramavaram, Anaparthi Mandal, East Godavari District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the Respondents 1 to 5 herein in obtaining approval to the construction plan under proceedings ENDTA/ KKD.DRG.No. 12024 from the office of the 6th Respondent herein for the construction of an new Ramalingeswara Swamy Temple in the place of old temple at Ramavaram Village of Anaparti Mandal, East Godavari District by showing the common way on the Souther-side of the temple existing infront of the Petitioner's house bearing Door Nos. 6-47, 6-48 covered under Sy. No. 260/7 situated at Ramavaam Village of Anaparthi Mandal, East Godavari District as Archaka quarters and making constructions in the said common way as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice consequently direct the Respondents 1 to 5 herein not to make constructions in the above mentioned common without due process in the interest of justice. way lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim Order by way of Direction by directing Respondents 1 to 5 herein not to construct the Ramaiingwswara Swamy Temple at Ramavaam Village, Anaparthi Mandal, East Godavari District by closing the common way existing on the southern side of the the temple and infront of the Petitioner's property bearing Door Nos. 6-47 the 6-48 covered under Sy. No. 260/7 situated at Ramavaam Village of Anaparthi Mandal, East Godavari District pending disposal of the main Writ Petition on the file of this Hon'ble Court in the interests of justice. Counsel for the Petitioner: SRI CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent Nos. 1, 3 & 4: GP FOR ENDOWMENTS Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondent No.5: SRI KAPPERA KOTESWARA RAO (SC FOR ENDOWMENTS) Counsel for the Respondent No.6: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS &GP) The Court made the following: ORDER APHC010196552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY.THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SIVIT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 10266/2025 Between: ...PETITIONER BadampudiAmmaji AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GPFOR ENDOWMENTS The Court made the following order: Heard Sri Chandra Sekhar llapakurti, learned counsel for the petitioner, learned Assistant Government Pleader for Endowments for respondents 1, 3 nd and 4 and learned Assistant Government Pleader for Revenue for 2 respondent.With the consent of both the parties, the writ petition is disposed ofat the admission stage. The petitioner contends that pursuant to the settlement deed executed by her husband in her favour on 14.06.2022, she has been enjoying the 2. 2 subject property as an absolute owner. Towards northern side of the petitioner’s house, the 5*^ respondent temple is existing and in between the temple and the petitioner’s house, there is a common passage meant for ingress and egress of the residents. It is contended that the 5'^ respondent temple is constructing a new temple in the place of the old one and in the said process got approved plan and in pursuance of the same demolished the existing compound wall on its southern side and annexed the common way which has been used for ingress and egress of the respondents. It is the contention of the learned counsel for the petitioner that bringing to the notice of the temple authorities the petitioner has made a representation dated 07.04.2025 requesting them to change the plan. Although, the said representation was received by them, they have not stopped construction they have been going ahead with the construction, petition. and Hence, the present writ 3. The relief sought by the petitioner is in the nature of injunction against the temple authorities which is not maintainable under Article 226 of Constitution of India. Accordingly, the Writ Petition is dismissed as~^“^ maintainable. However, liberty is granted to the petitioner to approach the appropriate forum to work out her remedies. 4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. 3 As a sequel, all pending miscellaneous applications shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, D^slrict''^^'^^' Secretary (Endowments) Secretariat, Velagapudi, Guntur 2. The District Collector, East Godavari District at Rajamahendravaram ^ Department Gollapudi Krishna 4. The Deputy Commissioner of Endowments, East Godavari,Kakinada . 5. The Executive Officer, Sri Ramalingeswara Swamy Devasthanam Ramavaram Village, Anaparthi Mandal, East Godavari District. 6. The Panchayat Secretary, Ramavaram Gram Panchayat Ramavaram, Anaparthi Mandal, East Godavari District. Office, 7. One CC to Sri Chandra Sekhar llapakurti Advocate [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] [OPUq for ZPPS, MPPS & GP) Advocate [OPUq *° Koteswara Rao, SC for Endowments 12. Three CD Copies Advocate TF HIGH COURT DATED:22/04/2025 ORDER WP.No.10266 of 2025 I 2 5 APR 2025 n ^ Current Seciion ^ >4£giSpATCVV^f^ €9 53: DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS