APHC010436062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22144 OF 2025 Between; Chilakanti Venkat Ramaiah, S/o. Tirupathaiah Aged 65 years, Occ: cultivation R/o. 1-70, Gopavaram Village, Musunuru Mandal, Eluru District (formerly Krishna District). ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, (Panchayat Wing) (formerly West Godavari District). 3. The District Panchayat Officer, Eluru District at Eluru (formerly West Godavari District). 4. The Tahsildar, Musunuru Mandal, Eluru District at Eluru Eluru District (formerly West GodavariDistrict). 5. Gopavaram Gram Panchayat, Rep.by its Executive Authority-Cum- Panchayat Secretary, Gopavaram Village, Musunuru Mandal, Eluru District. 6. Sri Malladi Srinivasa Rao, S/o. Raghavalu, Aged 43 years, R/o. Musunuru Mandal, Eluru District (Formerly Gopavaram Village, Krishna District). 7. Sri Malladi Venkateshwara Rao, S/o. Bapanaiah, Aged 59 years, R/o. Annapanenivarigudem Village, Musunuru Velupucherla Sivaru, Mandal Eluru District (Formerly Krishna District). 8. Sri Malladi Bhadarachalam, S/o. Paddaiah, Aged 78 years, R/o. Musunuru Village, Musunuru Mandal, Eluru District. 9. Sri Malladi Gangaraju, S/o. Lakshmaiah Aged 73 years, R/o. Rangaiah Apparaopet Bapulapadu Mandal, Krishna 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 5 particularly respondents 2 and 5 in not initiating any steps on petitioner's representation dated 03.10.2024, submitted for prevention of unauthorized construction of temple building in Sy.No.300-2 situated in Gopavaram Village, Musunuru Mandal, Eluru District. Being carried by respondents 6 to 9 without obtaining any permission and approved plan for such constructions from respondents Nos. 2 and 5, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules 2002 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to prevent the unauthorized construction being undertaken by respondents 6 to 9 by demolishing the already constructed portion thereof. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 1 to 5, particularly respondents 2 and 5 to initiate necessary steps on petitioner’s representation dt.03.10.2024 and consequently direct them to prevent unauthorized construction of temple in in % Sy.No.300-2 situated in Gopavaram Village, Musunuru Mandal, Eluru District and to remove already constructed portion thereof, pending disposal of the main Writ Petition. Counsel for the Petitioner: M/s.NIMMAGADDA REVATHI Counsel for the Respondent Nos.1 to 3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.4 : GP FOR REVENUE Counsel for the Respondent No.5 : SRI Y. KOTESWARA RAO, SC FOR GRAM PANCHAYAT Counsel for the Respondent Nos.6 to 9 : NONE APPEARED The Court made the following order: APHC010436062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22144/2025 Between: 1.CHILAKANTI VENKAT RAMAIAH, S/0. TIRUPATHAIAH AGED 65 YEARS, OCC- CULTIVATION R/0. 1-70, GOPAVARAM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, VELAGAPUDI, 2.THE DISTRICT COLLECTOR, (PANCHAYAT WING) DISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). 3.THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT AT ELURU (FORMERLY WEST GODAVARI DISTRICT). 4.THE TAHSILDAR, MUSUNURU MANDAL, (FORMERLY WEST GODAVARI DISTRICT). ELURU ELURU DISTRICT 5. GOPAVARAM GRAM PANCHAYAT, REP.BY ITS EXECUTIVE GOPAVARAM SECRETARY AUTHORITY-CUM-PANCHAYAT VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. 2 6.SRI MALLADI SRINIVASA RAO, S/0. RAGHAVALU, AGED 43 YEARS, R/0. GOPAVARAM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). 7.SRI MALLADI VENKATESHWARA RAO, S/0. BAPANAIAH, AGED 59 YEARS, R/0. VELUPUCHERLA SIVARU, ANNAPANENIVARIGUDEM VILLAGE, MUSUNURU MANDAL ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). 8.SRI MALLADI BHADARACHALAM, S/0. PADDAIAH, AGED 78 YEARS, R/0. MUSUNURU VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. 9.SRI MALLADI GANGARAJU, S/0. LAKSHMAIAH, AGED 73 YEARS, R/0. RANGAIAH APPARAOPET BAPULAPADU MANDAL, KRISHNA 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 pleased topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 5 particularly respondents 2 and 5 in not initiating any steps on petitioners representation dated 03.10.2024, submitted for prevention of unauthorized construction of temple building in Sy.No.300-2 situated in Gopavaram Village, Musunuru Mandal, Eluru District. Being carried by respondents 6 to 9 without obtaining any permission and approved plan for such constructions from respondents Nos. 2 and 5, as illegal, irregular, irrationaland amounts to non discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules 2002 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to prevent the unauthorized construction being undertaken by respondents 6 to 9 by demolishing the already constructed portion thereof and to pass 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 pleased to direct the respondents 1 to 5, particularly respondents 2 and 5 to 3 % representation dt.03.10.2024 and initiate necessary steps on petitioner’s consequently direct them to prevent unauthorized construction of temple in in Sy.No.300-2 situated in Gopavaram Village, Musunuru Mandal, Eluru District and to remove already constructed portion thereof, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner; 1.N1MMAGADDA REVATHI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22144/2025 ORDER; This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; “ pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents 1 to 5 particularly respondents 2 and 5 in not initiating any steps on petitioner’s representation dated 03.10.2024, submitted for prevention of unauthorized construction of temple building in Sy.No.300-2 situated in Gopavaram Village, Musunuru Mandal, Eluru District. Being carried by respondents 6 to 9 without obtaining any permission and approved plan for such constructions from respondents Nos. 2 and 5, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on them under the provisions of Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules 2002 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 1 to 5 to prevent the unauthorized construction being undertaken by respondents 6 to 9 by demolishing the already constructed portion thereof and to pass ” Heard the learned counsel for the petitioner, learned Government 2. Pleader for Panchayat Raj and Revenue and learned Standing Counsel for the respondent-Gram Panchayat. 5 3. The learned counsel for the petitioner submits that the petitioner is a resident of the 5**^ respondent-Gram Panchayat and has been residing adjacent to the unauthorized construction of a temple in Sy.No.300-2 of Gopavaram Village, Musunuru Mandal, Eluru District. The learned counsel for the petitioner further submits that the unofficial respondents are proceeding with the construction of a roof shed to be dedicated for worshipping of the local village deity calling as “Ankamma Talli,” without obtaining any approval or permission from the Gram Panchayat. Further, they are attempting to convert the said land into the Ankamma Talli Temple which is situated in the middle of a residential area. In response, on 03.10.2024, the petitioner submitted a representation to the 5*'' respondent- Gram Panchayat and other concerned parties, requesting that unauthorized constructions, particularly temples, be permitted without valid approval from the competent authority, as such, the subject construction would cause significant nuisance to the petitioner and the neighborhood. Hence, the Writ Petition. 4. no On the other hand, the learned Government Pleader has submitted a copy of written instructions issued by the respondent, dated 20.08.2025, wherein, it is stated that the unofficial respondents are proceeding with the construction of the Ankamma Talli Temple” on their own land without obtaining the necessary permission/approval as required under the Andhra 5. 6 % Pradesh Gram Panchayat (Layout and Building Rules), 2002, and Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994. The 5'^ respondent has already instructed the unofficial respondents not to carry out any construction Initially, the unofficial 17.08.2025, without without valid approval from the 2"^ respondent, respondents halted construction until 16.08.2025, but on any permission or approval, they constructed a small roof shed. stated that the 5'^ respondent will take appropriate action said illegal construction made by the unofficial respondents in 6. It is further against the accordance with law. submissions made by the learned counsel for both record as well as the written respondent dated 20.08.2025, it appears that Considering the parties, and upon perusal of the material instructions submitted by the 5 the unofficial respondents are proceeding with the construction at their own land by converting the said residential land into a temple, without obtaining the required under Rule 26 of the Andhra Panchayat (Layout and Building) Rules, 2002. It is a settled proposition of law that, under Section 121 of the Andhra Pradesh Panchayat Raj Act, 1994, no person is permitted to undertake any construction or other mode of development without the express 7. on th necessary permission/approval as Pradesh Gram erection of a building, or any th respondent-Gram Panchayat or the competent authority. permission of the 5 7 8. In the instant case, it appears that it is an admitted fact that no permission or approval has been granted in favour of the unofficial respondents for the construction, particularly the alleged temple named Ankamma Talli Temple . Therefore, the 5'^ respondent is under a statutory obligation to prevent such illegal constructions, especially the construction of temples within residential areas, and is empowered to remove the accordance with law. same in 9. In view of the reasons stated above, the respondent-Gram Panchayat is hereby directed not to permit or allow any construction hereafter by the unofficial respondents. Moreover, the Gram Panchayat shall proceed with the demolition of any unauthorized construction, if any, made by the unofficial respondents, by following due process of law, unless and until same is approved by the 2""^ respondent as well as by the 5*^ respondent per the provisions of the Act stated the as supra. 10. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- N NAGAMMA //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER To. 1. The Principal Secretary to Government Development Department, * Velagapudi, Amaravati, Guntur District. Panchayat Raj and Rural Secretariat, State of Andhra Pradesh % 2. The District Collector, (Panchayat Wing), Eluru District at Eluru (formerly West Godavari District). 3. The District Panchayat Officer, Eluru District at Eluru (formerly West Godavari District). 4. The Tahsildar, Musunuru Mandal, Godavari District). 5. The Executive Authority-Cum-Panchayat Secretary,Gopavaram Gram Panchayat, Gopavaram Village, Musunuru Mandal, Eluru District. 6. One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 10. Two CD Copies Eluru District (formerly West Cnr HIGH COURT DATED:21/08/2025 ORDER WP NO. 22144 OF 2025 m USER 2025 ^'^gseaisass^ DISPOSING OF THE W.P. WITHOUT COSTS