SIVA VISHNUVARDHAN REDDY NANDHYALA v. THE STATE OF AP
WP/871/2025 · 2025-02-18
Tarlada Rajasekhar Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2930 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2930 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH:;AMARAVATI (Special Original Jurisdiction) ^ TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY jl / TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 871 AND 1408 OF 2025 WRIT PETITION NO: 871 OF 2025 Between: Siva Vishnuvardhan Reddy Nandhyala, S/o N Balavaradareddy, age 35 years, R/o D. no. 3/152, Potladurthi Village Yerraguntla Mandal, YSR Kadapa District ...Petitioner ^ a \ AND
1. The State of AP, rep by its Principal Secretary Panchayat Raj Department Secretariat Buildings Velagapudi Guntur Guntur District
2. The State of AP, Represented By its Principal Secretary Endowments D^trtct^^*^ Buildings Velagapudi Amaravathi ^ VijayawSSa'^^'^^^*^’ Pradesh Endowment Department Gollapudi Guntur
4. The District Collector, Kadapa, YSR Kadapa District
5. The Asst Commissioner, Endowment Department Kadapa District Kadapa^Dis^^cr Secretary^ Yerraguntia Kadapa , YSR , YSR No®^7 AMn Private Limited, Rep by its managing director, Plot 5000^34^^^
“lony, road no.2, Banjara Hills, Hyderabad- ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ One in the nature of a Writ of Mandamus other appropriate Wirt Direction praying that in or any
Order declaring the action of the Or
m respondents no. 3 to 6 in not considering the representation dated 06.01.2025 thereby allowing the 7th respondent to construct open gym and park without permission from the authorities in survey no 657 before Pedhamma Temple Potladurthy Village, Yerraguntia Mandal, YSR Kadapa District as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the respondents No. 3 to 6 to forthwith demolish the unauthorized construction made by the 7th respondent in survey no 657 before Pedhamma Temple, Potladurthy Village, Yerraguntia Mandal, YSR Kadapa District lA NO: 1 OF 2025 Petition under Section 15T CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents 3 to 6 to stop the illegal unauthorized constructions in survey no 657 before Pedhamma Temple, Potladurthy Village, Yerraguntia Mandal, YSR Kadapa Distrcit by representations dated 02.01.2025 made by the petitioner, pending disposal of the above writ petition Counsel for the Petitioner: SRI G M SWAMULU Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ Counsel for the Respondents Nd.2, 3, 5: GP FOR ENDOWMENTS Counsel for the Respondent No.4: GP FOR REVENUE PANOMYAr^ Respondent No.6: M SUDHIR. SC FOR GRAM Counsel for the Respondent No.7: SRI M SIVA KUMAR may be considering the RURAL
WRIT PETITION NO: 1408 OF 2025 Between: Padigapati Lakshmi Reddy, S/o. Subbi Reddy age 64 years, Occ Agriculture, R/o D no 3/154-6, Potladurthi Village, Yerraguntia Mandal YSR Kadapa District ...Petitioner AND
1. The State of AP, rep by its Principal Secretary Panchayat Raj Department, Secretariat Buildings Velagapudi, Amaravati. Petitioner
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Endowments Department Secretariat Buildings, Velagapudi, Amaravathi. 3. The District Collector, Kadapa YSR Kadapa District. 4. The Superintendent Engineer, Panchayat Raj, Kadapa, Kadapa District. 5. The Executive Officer, Peddamma Talli Temple, Potladurthi Village Yarraguntia Mandal, YSR Kadapa District
6. M/s. Rithwik Projects Pvt Ltd, Rep.by its Managing Director, Plot No 37 and 39, Navodaya Colony, Road No.2, Banjaral Hills, Hyderabad-500
034.
...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents 3 to 5 in allowing the 6th respondent to constructed of the Compound wall around the Peddamma Talli Temple within one acre instead of 3.09t.acres at Potladurthi Village, Yarraguntia Mandal Kadapa district without considering the objections raised by the petitioner as well as the villagers by way of representation dt.04.01.2025 is as illegal, arbitrary, contrary to law and clear violation of Articles 19, 21 and 300-A of Constitution of India and against the principles of natural Justice consequently direct the respondents 3 to 5 to stop the construction work may and w made by the 6th respondent within one acre out of 3.09 acres in view of the objections from the villagers by way of representation dt.04.01.2025 lA NO: 1 OF Petition under Section 151 CPG stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be pleased to direct the respondents 3 to 5 to stop the construction work made by the 6 respondent within one acre out of 3.09 acres in view of the objections from the villagers by way of representation dt.04.01.2025 Counsel for the Petitioner: SRI G M SWAMULU Counsel for the Respondents No.1 RURAL DEV and 4: GP FOR PANCHAYAT RAJ Counsel for the Respondents No.2 and 5: Counsel for the Respondent No.3 GP FOR ENDOWMENTS GP FOR REVENUE Counsel for the Respondent No.6: SRI M SIVA KUMAR The Court made the following: Common Order APHC010026102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSANDAND TWENTYFIVE sfe' [3330] PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs.871 and 1408 of 2025 WRIT PETITION NO: 871/2025 Between; Siva Vishnuvardhan Reddy Nandhyala AND ...PETITIONER The State of AP and others Counsel for the Petitioner: 1.G M SWAMULU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR ENDOWMENTS 3.M SIVA KUMAR ...RESPONDENT(S) WRIT PETITION NO; 1408/2025 Between: Padigapati Lakshmi Reddy ...PETITIONER AND The State of AP and others Counsel for the Petitioner: 1.GM SWAMULU Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ
RURAL DEV 2.GP FOR REVENUE 3.GP FOR ENDOWMENTS 4.M SIVA KUMAR ...RESPONDENT(S) The Court made the following common order: V ^ 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NOs.871 and 1408 of 2025 COMMON ORDER: W.P.No.871 of 2025 This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a Writ one in the nature of a Writ of Mandamus or any other appropriate Wirt Direction or Order declaring the action of the respondents 3 to 6 in not considering the representation dated 06.01.2025 thereby allowing the respondent to construct open gym and park without permission from the authorities in survey No. 657 before Pedhamma Temple, Potladurthy Village, Yerraguntia Mandal, YSR Kadapa District as illegal, arbitrary, unconstitutional and against the principles of natural justice and consequently direct the respondents 3 to 6 to forthwith demolish the unauthorized construction made by the respondent in survey No.657 before Pedhamma Temple, Potladurthy Village, Yerraguntia Mandal, YSR Kadapa District and to pass such other order and orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case. ” W.P.No.1408 of 2025 This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“...to issue an appropriate Writ order, or direction more particularly in the nature of Writ of mandamus and declaring the action of the respondents 3 to 5 in allowing the 6"’ respondent to construct the Compound wall around the Peddamma Talli Temple within one acre instead of Ac.
3.09 cents at Potladurthi Village, Yerraguntia Mandal, Kadapa District without considering the objections raised by the petitioner as well as the villagers by way of representation dt.04.01.2025 is as illegal, arbitrary, contrary to law and clear violation of Articles 19, 21 and 300-A of Constitution of India and against the principles of natural Justice and consequently direct the respondents 3
3 to 5 to stop the construction work made by the 6"’ respondent within out of Ac.3.09 cents in view of the objections from the one acre villagers by way of representation dt.04.01.2025 and to pass such other and further orders as or deemed fit and proper in the circumstances of the case. Since the issue in these two writ petitions is one and the same, they are being disposed of by way of this common order. 2. Heard learned counsels for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development, learned Government Pleader for Endowments and Sri M.Siva Kumar, learned counsel for the respondent-M/s.Rithwik Projects Private Limited, in
3. these two writ petitions. This Court vide order, dated 21.01.2025 in W.P.No.1408 of 2025
directed the respondents to maintain status quo existing as on today.
4. As seen from the prayers of the writ petitions, the writ petitioner in W.P.No.871 of 2025 and the writ petitioner in W.P.No.1408 of 2025, submitted representations, dated 06.01.2025 and 04.01.2025 raising objections in respect of the constructions made around the Peddamma Thalli Temple, Yerraguntia Mandal, Kadapa District.
5. Hence, without delving into the legal niceties, this Court is inclined to dispose of these two writ petitions with a direction to the Commissioner, A.P. Endowments Department, Gollapudi, Vijayawada to examine the representations, dated 04.01.2025 and 06.01.2025 made by the petitioner in these two writ petitions and pass appropriate
6.
4 orders in accordance with law and petitioner in these two writ petitions. Till the communicate such decision to the disposal of the said representations by the Commissioner, A.P. Endowments Department, Gollapudi, Vijayawada, the respondents herein maintain status quo. are hereby directed to
7. With the above said direction, the Writ Petitions There shall be no order as to costs. are disposed of. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
Sd/- U.SRI DEV! ASSISTANT REGISTRAR //TRUE COPY// /ntcSH OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh Panchavat Rai Department, Secretariat Buildings Velagapudi, Amarav’ati. Petitioner Secretary, State of Andhra Pradesh Endowments Department Secretariat Buildings, Velagapudi, Amaravathi. Endowment Department Gollapudi
4. The District Collector, Kadapa, YSR Kadapa District
5. The Asst Commissioner, Endowment Kadapa District Dislricf^'^®*^'^’ Panchayat, Yerraguntia Private Limited. Plot No, SOOoS? ^ °riaya colony, road no.2, Banjara Hills, Hyderabad- Department, Kadapa, YSR YSR Kadapa
8. The Superintendent Engineer, Panchayat Raj, Kadapa, Kadapa District.
9. The Executive Officer, Peddamma Talli Temple Yarraguntia Mandal, YSR Kadapa District Potladurthi Village,
10. One CC to SRI G M SWAMULU Advocate [OPUC]
11. One CC to SRI M SUDHIR, SC FOR GRAM PANCHAYAT [OPUC]
PANCHAYAT RAJ RURAL Ante Pradesh [OUT] ^^■[Ourf ‘° endowments, High Court of Andhra
14. Two CCS to GP FOR REVENUE, High Court of Andhra
15. Three CD Copies DEV, High Court of Pradesh Pradesh [OUT] gsg
^1 ,7 1 I n t 4' HIGH COURT f DATED: 18/02/2025 COMMON ORDER WP.No.871 and 1408 of 2025 t 2 5 FEB 2025 | ^ . Current Section >4£esPATcwg^ DISPOSING THE WP WITHOUT COSTS 'I •