HCJ & RCJ WP(PIL) No.130 of 2022 1 APHC010354752022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3483] WP(PIL) NO: 130/2022 Between: 1. MUPPANENI RAVI KUMAR,, S/O M.VENKATA NARAYANA, AGED ABOUT 56 YEARS, OCC- EX-SERVICE MAN, R/O DOOR NO.13-103, HEAD POSTOFFICE BAZAR, TIRUPATAMMA TEMPLE ROAD, GANNAVARAM MANDAL, GANNAVARAM, KRISHNA DISTRICT, ANDHRA PRADESH-521101. EMAIL- RAVIKUMAR.MUPPANENI@GMAIL.COM MOBILE NO.9912024980 (PAN NO.A0GPM3591N) ...PETITIONER AND 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINES, SASTRI BHAVAN, NEW DELHI. R1 CAUSE TITLE AMENDED/SUBTITYTED VIDE ORDERS PASSED IN IA NO.5/22 IN WP (PIL) NO. 130/22 DT.06/12/2022 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY (MINES AND GEOLOGY DEPARTMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, (ENDOWMENTS DEPARTMENT), SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 4. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE PRINCIPAL SECRETARY, (REVENUE DEPARTMENT), HCJ & RCJ WP(PIL) No.130 of 2022 2 SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY FOREST DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 6. THE COMMISSIONER OF ENDOWMENTS, GOLLAPUDI VILLAGE, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH. 7. THE REGIONAL JOINT COMMISSIONER ENDOWMENTS, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 8. THE ASSISTANT COMMISSIONER OF ENDOWMENTS, NEAR POLICE CONTROL ROOM, GOVERNOR PETA, VIJAYAWADA, ANDHRA PRADESH 520001. 9. THE EXECUTIVE OFFICER, SRI BRAHMAIAH LINGESWARA SWAMY TEMPLE (CHIKKAVARAM), CHIKKAVARAM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 10. DIRECTOR MINES AND GEOLOGY, DEPARTMENT OF MINES AND GEOLOGY, DOOR NO.7-104, B-BLOCK, ANJANEYA TOWERS, 5TH AND 6TH FLOORS, IBRAHIMPATNAM, ANDHRA PRADESH- 521426. 11. THE DEPUTY DIRECTOR MINES AND GEOLOGY KRISHNA DISTRICT, DOOR NO.54-18-67/1B, LIC COLONY VIJAYAWADA- 520008. 12. THE ASSISTANT DIRECTOR MINES AND GEOLOGY, KRISHNA DISTRICT, PLOT.NO.17, DOOR NO.54-18-63/3, LIC COLONY, VIJAYAWADA-520008. HCJ & RCJ WP(PIL) No.130 of 2022 3 13. THE ANDHRA PRADESH POLLUTION CONTROL BOARD, REPRESENTED BY ITS REGINAL OFFICER, PLOT NO.41, GURUNANAK ROAD, OPP - STATE BANK OF HYDERABAD SRI KANAKADURGA OFFICER'S COLONY, VIJAYAWADA-520008. 14. THE VIGILANCE AND ENFORCEMENT OFFICER REGIONAL, KRISHNA DISTRICT , VETERINARY COLONY, VIJAYAWADA, ANDHRA PRADESH. 15. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 16. THE REVENUE DIVISIONAL OFFICER, GUDIVADA VILLAGE AND MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 17. THE TAHSILDAR, (GANNAVARAM MANDAL), GANNAVARAM VILLAGE AND MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH 18. THE AMARAVATI METROPOLITAN REGION DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, LENIN CENTRE, GOVERNOR PETA, VIJAYAWADA - 520002. 19. THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT, LAKSHMI TALKIES CENTER, MACHILIPATNAM, ANDHRA PRADESH-521001. 20. THE DIVISIONAL FOREST OFFICER, KRISHNA DISTRICT, VIJAYAWADA, PIN - 520 002. 21. THE SUBDIVISIONAL FOREST OFFICER, KRISHNA DISTRICT, VIJAYAWADA- 520 002. 22. VALLABHANENI VAMSI MOHAN, S/O V.RAMESH CHAND MLA., AGED ABOUT 45 YEARS, GANNAVARAM, KRISHNA DISTRICT. GANNAVARAM, KRISHNA DISTRICT-521101. HCJ & RCJ WP(PIL) No.130 of 2022 4 23. ANNE LALCSHRNANA RAO, S/O A.SRINIVASA RAO, AGED ABOUT 50 YEARS, OCC- BUSINESS, CHIKKAVARAM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT. 24. OLUPALLI MOHANA RANGA RAO, S/O 0.TATA RAO AGED ABOUT 44 YEARS, OCC- BUSINESS, ISLAMPETA GANNAVARAM VILLAGE, POST AND MANDAL, KRISHNA DISTRICT-521101. 25. KATRU SESHU KUMAR, S/O K.BASAVESWARA RAO AGED ABOUT 44 YEARS, OCC- BUSINESS CHINTALAPETA, GANNAVARAM VILLAGE, POST AND MANDAL, KRISHNA DISTRICT- 521101 ...RESPONDENT(S): pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declaring the to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents- (i) In not re-installing/replacing the idols of Sri Brahmaiahlingeswara Swamy Temple in the existing Temple in Chikkavaram Village and in allowing the Respondent Nos.22 to 25 to construct a new Temple on the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal without any sanctioned permissions and the advice of the persons competent to render advises in the matters relating to Rituals and Temple practices as per the orders of this Hon'ble Court in W.P (PIL) No.188 of 2018, (ii) In not taking steps against the illegal constructions being carried out in the name of Sri Brahmaiahlingeswara Swamy Temple on the uphill (Kota Gattu) classified as Tank Cheruvu in the Revenue Records of Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal by felling down thousands of naturally grown trees without the mandatory permissions from the Competent Authority under the Andhra Pradesh Capital Region Development Authority Act, 2014 (Act.No.11 of 2014), R/w the Andhra Pradesh Building Rules, 2017, the Andhra Pradesh Agricultural Land HCJ & RCJ WP(PIL) No.130 of 2022 5 (Conversion for Non Agricultural purposes) Act, 2006, the Andhra Pradesh Water, Land and Trees Act, 2002, the Andhra Pradesh Panchayat Raj Act, 1994 and prior approval from the Central Government under Section 2 of the Forest Conservation Act, 1980, (iii) In not taking any steps against illegal felling down of thousands of naturally grown trees by the Respondent Nos.22 to 25 on adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal adjacent to the Brahmalingaiah Tank and the commercial exploitation of timber contrary to the Forest (Conservation) Act, 1980, Forest (Conservation) Rules, 2003, the Andhra Pradesh Forest Act, 1967 and the Andhra Pradesh Water, Land and Trees Act, 2002, (iv) In not taking steps against the illegal mining, transportation and exploitation of minor mineral silt and gravel carried out by the Respondent Nso.22 to 25 from the bed of Brahmalingaiah Tank (Brahmalingaiah Cheruvu), adjoining hills and the uphill (Kota Gattu) classified as Tank Cheruvu in the Revenue Records in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal contrary to the Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concession Rules, 1960 and the Andhra Pradesh Mineral Dealer's Rules, 2000 despite the Order dated 24.07.2018 granted by this Hon'ble Court in Writ Petition (PIL) No.188 of 2018. (v) In not estimating the quantum of minor mineral silt and gravel excavated from the bed of the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal under the Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concession Rules, 1960 and the Andhra Pradesh Mineral Dealer's Rules, 2000, (vi)In not recovering the accumulated wealth through illegal mining and related activity including the seigniorage fee, penalty and the district mineral fund payable to the Respondent State from the Respondents 22 to 25 under the Mines and Minerals (Development and Regulation) Act, 1957, Mineral Concession Rules, 1960, Andhra Pradesh Minor Mineral Concession Rules, 1966, Andhra Pradesh Mineral Dealer's Rules, 2000 and the Andhra Pradesh District HCJ & RCJ WP(PIL) No.130 of 2022 6 Mineral Foundation Rules, 2016 in respect of the minor mineral silt and gravel excavated from the bed of the Brahmalingaiah Tank, adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal, As wholly illegal, arbitrary and unconstitutional and violative of Articles 14, 21, 25, 26, 48A, 49, 243X, Part IXA of the Constitution of India and consequently direct the Respondents to forthwith reinstall the idols in the existing Temple and remove the un- authorised constructions raised on the uphill (Kota Gattu) and take action against the illegal mining, felling down of thousands of naturally grown trees and estimate the quantum of minor mineral silt and gravel excavated from the bed of the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu) and recover the accumulated wealth and tax/fees from the Respondent Nos.22 to 25 and to pass IA NO: 1 OF 2022 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 take immediate action against any illegal mining or excavation of soil from the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal and to pass IA NO: 2 OF 2022 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 Respondent Nos.22 to 25 not to carry out any construction including in the name of the Temple on the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal adjacent to the Brahmalingaiah Tank without any sanctioned permissions from the Competent Authority and the advice of the persons competent to render advises in the matters relating to HCJ & RCJ WP(PIL) No.130 of 2022 7 Rituals and Temple practices pending disposal of the above writ petition and to pass IA NO: 3 OF 2022 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 assess the mineral excavated by Respondent Nos.22 to 25 from the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal and submit a report to this Hon'ble Court and to pass IA NO: 4 OF 2022 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 carry out any constructions adjacent to the Brahmalingaiah Tank and on the adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal and to pass IA NO: 5 OF 2022 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 permit the Petitioners to substitute the First Respondent with "The Union of India Represented by its Secretary, Mines, Sastri Bhavan, New Delhi" and pass IA NO: 6 OF 2022 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 vacate the stay granted on 11-10-2022 in IA.No.4 of 2022 in WP(PIL) 130 of 2022 and dismiss the main PIL as devoid of merits and pass HCJ & RCJ WP(PIL) No.130 of 2022 8 IA NO: 1 OF 2023 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 receive the counter copies on record by allowing the leave petition to the 9th respondent to file counter and pass IA NO: 2 OF 2023 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 Executive Authorities of the subject temple to proceed with the remaining works which are under verge of completion apart of temple reconstruction on the aspirations of villagers and in the interest of justice. It is therefore prayed that this Hon'ble court may be pleased to vacate the stay granted on 11-10-2022 in IA No. 4 of 2022 in WP (PIL) No. 130 of 2022 and dismiss the main PIL as devoid of merits and pass Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. CHIRANJEEVI TANIKONDA 3. JANRDHAN REDDY CHINTHALAPALLY 4. GP FOR FORESTS 5. PULIPATI RADHIKA 6. GP FOR ENDOWMENTS 7. P SRI RAM 8. 9. GP FOR MINES AND GEOLOGY 10. V SURENDRA REDDY (SC FOR PCB) CORAM: THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 16.09.2025 HCJ & RCJ WP(PIL) No.130 of 2022 9 ORDER (per Sri Justice Ravi Cheemalapati) The Issue highlighted in this writ petition filed in the nature of Public Interest Litigation is that the authorities are (i) not re-installing the idols of Sri Brahmaiahlingeswara Swamy Temple (ii) allowing respondent nos.22 to 25 to construct a new temple on the uphill without any sanctioned permissions and without obtaining advice of competent persons as per orders of this Court passed in W.P.(PIL) No.188 of 2018 (iii) not taking action against the illegal constructions carried out on the uphill classified as Tank, in the name of Sri Brahmaiahlingeswara Swamy Temple (iv) not taking steps against respondent nos.22 to 25 for felling naturally grown trees on the uphill, (v) not taking action against the illegal mining, transportation and exploitation of minor mineral silt and gravel carried out by respondent nos.22 to 25 from the bed of Brahmalingaiah Cheruvu, (vi) not estimating the quantum of minor mineral silt excavated from the bed of the tank and (vii) not recovering the ill-gotten wealth from respondent nos.22 to 25. 2. The contents of the petition, in brief, are that the letter dated 25.05.2018 addressed by the petitioner complaining illegal mining and HCJ & RCJ WP(PIL) No.130 of 2022 10 demolition of Sri Brahmaiahlingeswara Swamy Temple was taken up by this Court as Writ Petition (PIL) No.188 of 2018 and the said Writ Petition was disposed of, directing restoration of the temple and reinstallation of holy idols or make alternative arrangements with the advice of the persons competent to render such advises in the matters relating to rituals and temple practices and further the authorities shall see that there is no illegal mining in the area. That despite the orders of this court, the respondent nos.22 to 25 are raising a new temple on the uphill adjacent to the existing temple by felling down thousands of naturally grown trees in the forest area without obtaining required permission. Besides the same, the respondent nos.22 to 25 were indulged in illegal mining, transportation and exploitation of minor mineral silt and gravel from the bed of Brahmalingaiah Cheruvu. That due to illegal mining and deforestation, the ecosystem in the vicinity was disturbed and the ayacut under the said tank got disturbed. That the complaints given by the petitioner to the authorities did not yield any result and the authorities did not take any action. 3. Respondent nos.2,10 and 12-Mines and Geology Department, filed counter affidavit denying the material averments of the petition inter alia HCJ & RCJ WP(PIL) No.130 of 2022 11 contending that based on No Objection Certificate issued by revenue authorities, quarry leases for gravel were granted in Survey Nos.Chikkavaram village of Gannavaram Mandal in the year 2008. That on 19.09.2018 the quarrying areas were inspected and surveyed and it came to light that the quarrying operations were stopped soon after expiry of their permission periods and no quarry operations are being carried on as on the date of inspection. Further, in pursuance of the orders passed by this Court in W.P.(PIL) No.188 of 2018, the Mines and Geology Department had rejected the renewal applications. The subject land is classified as gutta Poramboke as per Revenue Records, as such the Revenue Department is the custodian. That the Mines & Geology Department had never granted any lease or temporary permit to respondent nos.22 to 25. That the inspections conducted by the department on various dates ranging from 2018 to 2022 revealed that there are no illegal quarrying operations of Gravel/silt in the subject areas of hillocks. Accordingly, prayed to dismiss the writ petition. 4. The respondent no.6-Endowments Department, filed counter affidavit denying the averments of the petition inter alia contending that the temple was constructed during the reign of Sri Nagadevaraju a Chola King in 1157on HCJ & RCJ WP(PIL) No.130 of 2022 12 the uphill and over a period of time it reached to dilapidated state and as there was no proper way to reach the temple and as it became impossible to reach the temple for offering prayers, the Managing Trustee, with the consent of villagers, took a decision to construct a new temple by installing the original idols in the newly constructed temple and accordingly construction was made and Prana Pratista of idols was done as per Agama Sastra and the villagers are visiting the temple. That pursuant to the announcement of the Government that there will be Bramhalingam Cheruvu Reservoir, on the assumption that the temple will be inundated with water inflows, with the consent of the villagers, a decision to restore the temple and its idols in its original place where it is located at beginning was taken and accordingly temple was constructed uphills and construction of parapet wall around the temple was at the verge of completion. The temple reconstruction work was done in pursuance of the orders passed by this Court in W.P.(PIL) No.188 of 2018. That the contents of the writ petition are nothing but reproduction of the allegations made earlier by him in W.P.(PIL) No.188 of 2018 and this petition was filed only to take vengeance against respondent nos. 23 to 25 by dragging the temple into unwanted legal complications. There are no merits in HCJ & RCJ WP(PIL) No.130 of 2022 13 the writ petition and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition. 5. Respondent No.20-Forest Department filed counter affidavit denying the material averments of the petition inter alia contending that the area in question is not part of any forest block and it is located in between the forest blocks Pothuraju Gattu Reserve Forest and Nutula GattuReserve Forest and no application was received from any person for felling and removal of trees either under WALTA Act,2002 or A.P.Forest Act, 1967. That provisions of WALTA Act,2002 are not applicable to rural area and the clearance of jungle growth was done in an area which is not under control of Forest Department and there was no undue influence on functioning of forest officials in respect of the happenings in the land in question. Accordingly, prayed to dismiss the writ petition. 6. Respondent No.22 filed counter affidavit denying the material averments of the petition inter alia contending that the allegations made in the petition are politically motivated without any concrete proof. That as the original temple became dilapidated and there is no proper route to access the HCJ & RCJ WP(PIL) No.130 of 2022 14 temple, the temple management, with the consent of villagers, took decision to construct new temple. That this respondent did not take part in the temple shifting process nor did he ever involved in any mining operations. That the allegations are baseless and therefore, the writ petition is liable to be dismissed. Accordingly, prayed to dismiss the writ petition. 7. Heard Sri M.R.K.Chakravarthy, learned counsel for the petitioner and Smt. S.Pranathi, learned Special Government Pleader for official respondents. 8. Perused the material available on record and considered the submissions made by learned counsel for the parties. 9. The record discloses that, earlier, the petitioner filed W.P.(PIL) No.188 of 2018 to take action against the concerned for illegally shifting idols of the deities and also against the persons that are conducting illegal mining operations at Raju Gari Konda Gattu in Brahaiahlingam Lake. The said writ petition was disposed of, ordering respondent no.5-the Executive Officer of the temple to restore the temple and idols are appropriately recovered and reinstalled or alternative arrangements be made with the advice of those competent to render such advises in matters relating to rituals and temple HCJ & RCJ WP(PIL) No.130 of 2022 15 practices. Further, the District Collector, Krishna District, the officials of revenue, Mines & Geology Departments and the police department to ensure that there is no mining or other activities in the locality in question including on the hills referred to above in any manner. 10. The contents of the counter-affidavits would indicate that temple was reconstructed and idols were reinstalled in the newly constructed temple pursuant to the orders passed by this Court in W.P.(PIL) No.188 of 2018 and that the subject area is not part of any forest block and jungle clearance was done in the area outside the forest block and further the inspection conducted by mining department revealed that no mining operations are being conducted in the subject area. 11. Most of the averments of this writ petition are replica of the earlier writ petition filed by the petitioner and this Court disposed of the said writ petition giving suitable directions to the authorities to ensure that no mining operations are undertaken in the subject area. Further, in view of the contents of the counter affidavits that no mining operations are being carried out in the subject area and that there was no deforestation except for jungle HCJ & RCJ WP(PIL) No.130 of 2022 16 growth, there remains nothing for adjudication in this writ petition. Therefore, this writ petition can be disposed of. 12. Accordingly, this writ petition is disposed of. The authorities shall ensure that there is no illegal mining or any such illegal activities in the locality in question. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. DHIRAJ SINGH THAKUR,CJ RAVI CHEEMALAPATI,J RR