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2025 DAILYLAW 23845 (AP)

BHAVANI AHANKAR DEVALAYA COMMITTEE v. The State of Andhra Pradesh

WP/17324/2025 · 2025-07-13

Subba Reddy Satti

body2025

Judgment text

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APHC010336432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17324 OF 2025 Between: Bhavani Ahankar Devalaya Committee, Regd No 349 of 2018, Rep By Its President/Pujari, Pendyala China Guravaiah,Age,54years, Occ: Pujari, H.No. 2-56/1 ,Chinnaboiyalapalem, Yerragondapalem Mandal, Prakasam District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Ongole, Prakasam District, Andhra Pradesh. 3. The District Collector, Ongole, Prakasam District, Andhra Pradesh. 4. The Revenue Divisional Officer, Markapuram, Prakasam District. 5. The Tahsildar, Yerragondapalem, Yerragondapalem Mandal, Prakasam 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 issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondents No 2 to 5 in-not to take any steps in pursuance of the representation dated on 10-11-2023 for issue the D-Form patta for the land in favor of Bhavani Shankar Devalaya Committee, Regd No 349 of 2018 in Sy No 327/1 A, 327/iB. temple iand to extent of land Ac 04.00 cents at Chinna Bayaiapalli Village, Yerragondapalem Mandal, Prakasam District. The official an respondents without considering the petitioner request to dispossess of the petitioner land is illegal, arbitrary, and violation of principle of natural justice, and apart from being in violation of Articles 14 and 21 and 303 of the Constitution of India. Consequently direct representation dated on 10-11- 2023. the respondents No 2 to 5 to dispose of lA NO: 1 OF Petition under Section 151 CPC in the affidavit filed i pleased to direct the dated on 11.10.2023, and praying that in the circumstances stated in support of the writ petition, the High Court may be respondents No 2 to 5, to dispose of representation issue patta in favor of the petitioner temple at Chinna Boyalapalli Village, Yaragondapalem Mandal, Prakasam District pending disposal of the above writ petition. Counsel for the Petitioner: SRI M. CHALAPATHI Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following order: APHC010336432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17324/2025 Between: 1.BHAVANI AHANKAR DEVALAYA COMMITTEE, REGD NO 349 OF PENDYALA CHINA OCC.PUJARI, H.NO 2-56/1 YERRAGONCTEPALEM MANDAL, 2018,REP BY ITS PRESIDENT/PUJARI, GURAVAIAH,AGE,54YEARS, ,CHINNABOIYALAPALEM, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, . , REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT 2.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH,. 3.THE DISTRICT COLLECTOR, ONGOLE, PRAKASAM DISTRICT, ANDHRAPRADESH, 4.THE REVENUE DIVISIONAL OFFICER, MARKAPURAM, PRAKASAM DISTRICT. 5.THE TAHSILDAR, YERRAGONDAPALEM, YERRAGONDAPAIEM MANDAL, PRAKASAM DISTRICT. ...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 X pleased to issue an order or direction, Mandamus, declaring the action of the respondents No 2 to 5 in-not to take any steps in pursuance of the representation dated more in the nature of Writ of ^ , on 10-11-2023 for issue o Bhavani Shankar Devalaya Committee Regd No 349 of 2018 in Sy No 327/1 A, 327/IB. temple land to land Ac 04^0 cents at Chinna Bayalapalli Village, Yerragondapale m Mandal Prakasam District. The official respondents without considering the petitioner request to dispossess of the petitioner land is illegal, arbitrary, and violation of principle of natural justice, and apart from being in violation of Articles 14 and 21 and 303 of the Constitution of India. i‘ No 2 to 5 to dispose of representation dated an extent of Consequently direct the respondents on 10-11- 2023, the, and pass lA NO: 1 OF Petition under Section 151 CPC in -4 4:-. • praying that in the circumstances stated dkert ^hl r be pleased to Tin 2 5. ot dispose of representation dated RnvJ'^°^r\c,? bat'd in favor of the petitioner temple at Chinna Boyalapalli Village, Yaragondapalem Mandal disposal of the above writ petition and on Prakasam District,pending pass Counsel for the Petitioner: 1.MCHALAPATHI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard learned counsel for the Government Pleader for Revenue for the respondents. 2. The grievance of the petitioner is that the respondents 2 to 5 considering the representation dated 10.11.2023 (Ex.P.1) made by the petitioner for issuance of D form Sy.No.327/1A and 327/IB of Chinna Boyalapalli Village, Yerragondapalem mandal, Prakasam District. petitioner and learned Assistant are not patta in respect of Ac.4-00 cents in 3. Learned counsel for the petitioner would registered Devalaya committee. A submit that the petitioner is a representation was made for the grant of D 3 Form patta to the Temple. However, the upon the said representation. respondents 2 to 5 have not acted 4. Learned Assistant Government Pleader for Revenue would submit the land of on instructions an extent of Ac.49-80 cents in Sy.No.327/1 is classified as Tank Bed. Due to objectionable poramboke, no assignment is granted. Learned AGP would further submit that the District Collector will pass appropriate orders as per the law. 5. Given the facts and circumstances of the merits of the matter, the Writ Petition with the consent of learned counsel case, without going into the is disposed of at the admission stage either side directing the learned 2 respondent to consider the request made by the petitioner vide Ex.P.1 representation dated 11.10.2023 and pass appropriate orders strictly law. There shall be no order as to costs. on nd as per Miscellaneous petitions pending, if any, shall stand closed. ^AKAR RAO REGtSTRAR Sd/- M. PRABH ASSISTANT //TRUE COPY// SECTION OFFICER To, ■ he Principal Secretary, Revenue Department, State of Andhra P^^desh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District . The District Collector, Ongole, Prakasam District, Andhra Pradesh. ■ e istrict Collector, Ongole, Prakasam District, Andhra Pradesh. 4. I he Revenue Divisional Officer, 5. The Tahsildar, Yerragondapale District. One CC to Sri M. Chalapathi, Advocate [OPUC] 7. Two CCs to GP for^venue. High Court 8. Two CD Copies Markapofam, Prakasam District. Yerragondapaiem Mandal, Prakasam m. of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:14/07/2025 S 0 2 SFP 2025 g ^ . Current Section . ORDER WP NO. 17324 OF 2025 •a DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS