APHC010214112025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10658/2025 Between: 1. A JAGADA, W/O. MOHAN REDDY, AGED 55 YEARS, R/O. D.NO.3 141, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 2. M.SANTHA KUMARI,, YEARS, R/O. D.NO.3 CHITTOOR DISTRICT, ANDHRA PRADESH. 3. M.SRIMATHI,, W/O. PATTABHI REDDY, AGED 64 YEARS, R/O. D.NO.3-185, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRAD 4. M.KANAKAMMA,, W/O. M.BHUSHEKAR, AGED 50 YEARS, R/O. D.NO.3-160, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 5. B.PUSHPAVATHI,, W/O. B.MADHUSUDHAN NAIDU, AGED 45 YEARS, R/O. D.NO.3 CHITTOOR DISTRICT, ANDHRA PRADESH. 6. J.LAKSHMAMMA,, W/O. JAGANNATHAM, AGED 58 YEARS, R/O. D.NO.3-161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 7. A.PRABHAVATHI,, W/O. A.GOPINATH REDDY, AGED 64 YEARS, R/O. D.NO.3-179, AGARAMPALLI ( DISTRICT, ANDHRA PRADESH. 8. J.SAMPOORNA, , W/O.K.RAVINDRA BABU AGED 50 YEARS, R/O. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10658/2025 A JAGADA, W/O. MOHAN REDDY, AGED 55 YEARS, R/O. D.NO.3 141, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. M.SANTHA KUMARI,, W/O. M.MADHUSUDAN REDDY, AGED 57 YEARS, R/O. D.NO.3-174, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. M.SRIMATHI,, W/O. PATTABHI REDDY, AGED 64 YEARS, R/O. 185, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. M.KANAKAMMA,, W/O. M.BHUSHEKAR, AGED 50 YEARS, R/O. 160, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. B.PUSHPAVATHI,, W/O. B.MADHUSUDHAN NAIDU, AGED 45 YEARS, R/O. D.NO.3-156, AGARAMPALLI (V), KANIPAKAM, OR DISTRICT, ANDHRA PRADESH. J.LAKSHMAMMA,, W/O. JAGANNATHAM, AGED 58 YEARS, R/O. 161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. A.PRABHAVATHI,, W/O. A.GOPINATH REDDY, AGED 64 YEARS, 179, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. J.SAMPOORNA, , W/O.K.RAVINDRA BABU AGED 50 YEARS, R/O. IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE NINETEENTH DAY OF AUGUST THE HONOURABLE SMT JUSTICE V.SUJATHA A JAGADA, W/O. MOHAN REDDY, AGED 55 YEARS, R/O. D.NO.3- 141, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, W/O. M.MADHUSUDAN REDDY, AGED 57 174, AGARAMPALLI (V), KANIPAKAM, M.SRIMATHI,, W/O. PATTABHI REDDY, AGED 64 YEARS, R/O. 185, AGARAMPALLI (V), KANIPAKAM, CHITTOOR M.KANAKAMMA,, W/O. M.BHUSHEKAR, AGED 50 YEARS, R/O. 160, AGARAMPALLI (V), KANIPAKAM, CHITTOOR B.PUSHPAVATHI,, W/O. B.MADHUSUDHAN NAIDU, AGED 45 156, AGARAMPALLI (V), KANIPAKAM, J.LAKSHMAMMA,, W/O. JAGANNATHAM, AGED 58 YEARS, R/O. 161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR A.PRABHAVATHI,, W/O. A.GOPINATH REDDY, AGED 64 YEARS, V), KANIPAKAM, CHITTOOR J.SAMPOORNA, , W/O.K.RAVINDRA BABU AGED 50 YEARS, R/O. 2 D.NO.3-184, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 9. B.BHARATHI,, W/O. B.DORA BABU, AGED 43 YEARS, R/O. D.NO.3-108, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 10. A.GEETHA, , W/O. HEMESHWAR REDDY, AGED 50 YEARS, R/O. D.NO.3-165, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 11. P.VIJAYA,, W/O. P.SOMANATHAM, AGED 37 YEARS, R/O. D.NO.3- 111, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 12. M.LAKSHMI,, W/O. M.MANI KUMAR, AGED 46 YEARS, R/O. D.NO.3-115, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 13. A.SUREKHA,, W/O. A. GOVINDA REDDY, AGED 44 YEARS, R/O. D.NO.3-129, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 14. A.LOKESWARI ,, W/O. A. VISWANADHA REDDY, AGED 54 YEARS, R/O. D.NO.3-130, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 15. R.KALAVATHI,, W/O. A. RAMA KRISHNA, AGED 44 YEARS, R/O. D.NO.3-116, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 16. C.SARADA,, W/O. C.HARI, AGED 44 YEARS, R/O. D.NO.4-74, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 17. M.ROOPA,, W/O. LOKANADHA REDDY, AGED 43 YEARS, R/O. D.NO.3-155, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 18. C. SUREKHA,, W/O. C. DAMODAR NAIDU, AGED 50 YEARS, R/O. D.NO.3-123, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 19. P.KANAKAMMA,, W/O. P. CHNADRA, AGED 48 YEARS, R/O. D.NO.3-113, AGARAMPALLI (V), KANIPAKAM, CHITTOOR 3 DISTRICT, ANDHRA PRADESH. 20. P.KASTURI,, W/O. P.VENKATESH, AGED 45 YEARS, R/O. D.NO.3- 111, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 21. P.PARIMALA,, W/O. P. DELHI, AGED 53 YEARS, R/O. D.NO.3-112, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 22. M.DHANA LAKSHMI,, W/O. M. JAYA CHANDRA REDDY, AGED 31 YEARS, R/O. D.NO.3-107, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 23. M.KRISHNAVENI,, W/O. M.SUBRAHMANYAM, AGED 48 YEARS, R/O. D.NO.3-131, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 24. Y.MUNEMMA,, W/O. VARADAIAH, AGED 44 YEARS, R/O. D.NO.3- 117, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 25. M.USHA RANI,, W/O. M. RAJA GOPAL REDDY, AGED 55 YEARS, R/O. D.NO.3-182, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 26. R.SARITHA,, W/O. A. RAJA, AGED 54 YEARS, R/O. D.NO.3-161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 27. C.MOHANA KUMARI,, W/O. C. JAYARAMA NAIDU, AGED 45 YEARS, R/O. D.NO.4-47/F, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 28. B. GOWRAMMA,, W/O. B. BALJAI NAIDU, AGED 44 YEARS, R/O. D.NO.3-157, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 29. R. AMUDHA,, W/O. A. RAMESH, AGED 50 YEARS, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 30. V. SAROJA,, W/O. V.GOPAL, AGED 46 YEARS, R/O. D.NO.3-111, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 4 31. K. VALLEMMA,, AGED 64 YEARS, R/O. D.NO.3-125, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 32. M. JYOTHI,, W/O. M. MANOHAR, AGED 50 YEARS, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 33. T. DURGA,, W/O. V. RAMAIAH, AGED 52 YEARS, R/O. D.NO.3-161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 34. B. KUSALA,, W/O. B. DORA SWAMI REDDY, AGED 35 YEARS, R/O. D.NO.3-127, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 35. A.NAGABUSHANAM,, W/O. A. GANAPATHI REDDY, AGED 43 YEARS, R/O. D.NO.3-183, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 36. P. VIJAYA,, W/O. P.GNANASEKHAR REDDY, AGED 54 YEARS, R/O. D.NO.3-141, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 37. A.SUBBARATHAMMA,, W/O. A. RAGHAVA REDDY, AGED 56 YEARS, R/O. D.NO.3-172, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 38. P.DEEPA,, W/O. P. GIRI, AGED 75 YEARS, R/O. D.NO.3-11, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 39. P.BUJJI,, W/O. P. BABU, AGED 45 YEARS, R/O. D.NO.3-, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 40. P. GOVINDAMMA,, W/O. LATE. P. LOKAIAH AGED 38 YEARS, R/O. D.NO.14-16A, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 41. A.GANAPATHI REDDY,, S/O. A. SADASIVA REDDY, AGED 61 YEARS, R/O. D.NO.3-183, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 42. R. YOGANANDAM,, S/O. R. SUBRAHMANYAM, AGED 44 YEARS, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA 5 PRADESH. 43. C. CHANDRA SEKHAR REDDY,, S/O. C. ANJI REDDY, AGED 43 YEARS, R/O. D.NO.4-53, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 44. M. PATTABHI REDDY,, S/O. M. SRINIVASULU REDDY, AGED 65 YEARS, R/O. D.NO.3-185, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 45. V. RAMAIAH,, S/O. B. VENU, AGED 60 YEARS, R/O. D.NO.3-161, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 46. C. DAMODHARAM,, S/O. C. BALA KRISHNA NAIDU, AGED 52 YEARS, R/O. D.NO.3-123, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 47. A.SURYA TEJA,, S/O. A. MUNIRATHNAM REDDY, AGED 50 YEARS, R/O. D.NO.3-152, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 48. P. SUBRAHMANYAM,, S/O. P. PANDAIAH, AGED 50 YEARS, R/O. D.NO.3-7, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 49. B. HEMANTH,, W/O. B.BABU, AGED 25 YEARS, AGARAMPALLI (V), KANIPAKAM, CHITTOOR DISTRICT, ANDHRA PRADESH. 50. M. KUPPI REDDY,, W/O. M. NARAYANA REDDY AGED 75 YEARS, R/O. D.NO.3-141, AGARAMPALLI (V), KANIPAKAM,CHITTOOR DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 6 3. THE COLLECTOR AND DISTRICT MAGISTRATE, CHITTOOR. 4. THE TAHSILDAR, IRALA, CHITTOOR DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT, THOTAPALYAM, CHITTOOR DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, CHITTOOR. ...RESPONDENT(S): 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 topleased to issue a direction or order, more particularly, one in the nature of writ of Mandamus, to i. declare the action of the respondents in attempting to demolish/ remove Om sakthi Temple and Satyamma Temple existed in Sy.No. 408/1 of Agaramapalli(V), Irala (m), Chittoor District as arbitrary, illegal, unjust, unconstitutional and in violation of Principles of Natural Justice. ii. To declare that the temples in question have been in existence and used for public purpose since time immemorial by the villagers of Agarampalli and neighboring villages, and therefore deserve protection and regularization in accordance with law. iii. and Consequently direct the respondents to take immediate steps to regularize and protect Om sakthi Temple and Satyamma- Temple in Sy.No. 408/1 of Agarampalli(V), Irala (M), Chittoor District, in the larger public interest of public faith, religious sentiments and maintenance of religious harmony and social stability iv. And pass IA 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 pleased to direct the Respondents not to demolish or remove Om sakthi temple and Satyamma temple situate in Sy.No. 408/1 of Agaramapalli(v), Irala(M). Chittoor District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. BHARAT BABU.N Counsel for the Respondent(S): 7 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 8 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.10658 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:- “…. to issue a direction or order more particularly one in the nature of writ of Mandamus, i. declare the action of the respondents in attempting to demolish/ remove Om sakthi Temple and Satyamma Temple existed in Sy.No.408/1 of Agaramapalli (V), Irala (M), Chittoor District, as arbitrary, illegal, unjust, unconstitutional and in violation of Principles of Natural Justice. ii. To declare that the temples in question have been in existence and used for public purpose since time immemorial by the villagers of Agarampalli and neighboring villages, and therefore deserve protection and regularization in accordance with law. iii. and Consequently direct the respondents to take immediate steps to regularize and protect Om sakthi Temple and Satyamma Temple in Sy.No.408/1 of Agarampalli (V), Irala (M), Chittoor District in the larger public interest of public faith, religious sentiments and maintenance of religious harmony and social stability. iv. and to pass such other order or orders ….” 2. The petitioners are villagers of Agarampalli Village, Kanipakam, Chittoor District. The case of the petitioners is that there is a tank named “Agarampalli Cheruvu”, situated in survey Nos.365, 367 to 374, 408/1 and 128 of Agarampalli Village with a total extent of approximately Ac. 48.00 cents. Over the time, several houses have been constructed on the said land by encroaching the same. Even prior to the said encroachment, two temples, namely, “Om Sakthi temple” & “the Satyamma temple” have been constructed by the villagers in the village of Agarampalli and villagers in the surrounding villages. The said two 9 temples have been visited by the villagers of Agarampalli Village and as well as surrounding villagers, particularly, on every Tuesday and Friday and religious rituals are offered in the said temples regularly. 3. The case of the petitioners is that the said temples have been constructed with the consent of the Gram Panchayat and as well as the Irrigation department and at no point of time, there was any objection from the concerned authorities, however, as the respondents were making hectic efforts to demolish the said temples along with the houses that were constructed by some houseless poor, the petitioners made representation to the respondent authorities. As no action was initiated on the said representation, the petitioners were constrained to file writ petition No.1475 of 2025. The said writ petition was disposed of with a “direction to the respondents to pass orders on the representations dated 21.11.2024, 09.08.2024, 20.03.2024, 21.10.2020 and 13.11.2007 by duly taking into consideration of the judgment of the Hon’ble Apex Court in Jagpal Singh’s case and also the judgment of the Division Bench of this Court in W.P.(PIL).No.140 of 2022 and batch, within a period of two months from today”, vide orders dated 05.03.2025. 4. The grievance of the petitioners in the present writ petition is that, in spite of the orders of this Court, the respondents have neither issued any notice, calling for explanation from the petitioners nor have conducted any enquiry, as to whether the said temples have been 10 constructed by illegally encroaching upon the tank bed land. Challenging the same, the present writ petition is filed. 5. Heard learned Senior Counsel for the petitioners and as well as learned Assistant Government Pleader for Revenue and Irrigation representing the respondents. 6. During the course of arguments, learned Assistant Government Pleader for Revenue has furnished a copy of the instructions of the 4th respondent dated 01.05.2025, wherein, it is stated that in pursuance of the orders passed by this Court in writ petition No.1475 of 2025 dated 05.03.2025, a letter was addressed to the Collector and District Magistrate, Chittoor, with a request to direct the SE, Irrigation, to take further action in the matter. It is further stated that the action has been initiated under Andhra Pradesh Land Encroachment Act, 1905 and notices under Section 7 were issued on 26.04.2025 to the petitioners along with the other encroachers, directing them to vacate the said premises. 7. Learned Senior Counsel, Mr. P.Gangaiah Naidu, representing the petitioners has also admitted the fact of issuance of the said notice under Section 7 of Andhra Pradesh Land Encroachment Act, 1905 and has also admitted that in pursuance of the said notice, they have already submitted their explanation duly explaining the fact of construction of the temples with the consent of the villagers, which is permissible in 11 accordance with law. But, however, he complained before this Court that no further action has been initiated by the respondents thereafter. 8. As the respondents have already initiated action against the petitioners herein by issuing notices under Section 7 of Andhra Pradesh Land Encroachment Act, 1905, on 26.04.2025, for which, the petitioners have already submitted their explanations, instead of keeping the writ petition, this Court deems it appropriate to dispose of the writ petition by directing the respondents to consider the explanation submitted by the petitioners and take appropriate action in accordance with law. Till the proceedings under the Andhra Pradesh Land Encroachment Act have been finalized, the respondents are directed not to take any coercive steps or to demolish Om Sakthi Temple and Satyamma Temple existed in Sy.No.408/1 of Agaramapalli (V), Irala (M), Chittoor District. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 19.08.2025 MDP