IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR WRIT PETITION NQ: 29676 OF 9n7d AMARAVATI P ■A' ,v >0 i RAO Between: Kopparthi Srinivasa Rao, S/o. Lakshmana Rao, President, Sri Sri Sri Raja Rajeswari Ammavari Gutlapadu village, Bhimavaram Mandal Aged about 49 years, Occ J Alaya Committee, . West Godavari District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Building, Velagapudi, District. 2. The District Panchayat Officer, West Godavari 3. The Gutlapadu Gram Panchayat, Rep. by its Panchayat Secretary, Gutlapadu village, Bhimavaram Mandal, West Godavari District. 4. Kopparthi Subrahmanyeswara Rao, S/o. Ramana D.No.3-142, Devi Street, Gutlapadu Village, Bhimavaram Godavari District. (R4 is impleaded in Writ Petition and Affidavit dt.29/01/2025 in lA No.1 of 2025) Guntur District, Bhimavaram. Age; 48 years, R/o. Mandal, West as per Court’s order ...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 may a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the notice dt. 09-12- 2024 issued by the 3rd respondent for removal of the renovated temple in RS. No.23, Gutlapadu village. within 15 days situated on the tank bund i Bhimavaram Mandal, West Godavari reasons is illegal, arbitrary and unconstitutional. District, without mentioning' the lA NO: 1 OF 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 to suspend the notice dt. 09-12-2024 issued by the 3 for removal of the renovated temple within 15 days situated bund in RS. No. 23, Gutlapadu village, Bhimavaram Godavari District, pending disposal of the writ petition. rd respondent on the tank mandal, West lA NO: 2 OF Between: Kopparthi Subrahmanyeswara Rao, S/o. Ramana, Age: 48 years, R/o. D.No.3-142, Devi Street, Gutlapadu Village, Bhimavaram Mandal, West Godavari District. ...PETITIONER AND 1. Kopparthi Srinivasa Rao, S/o. f Occ President, Sri Sri Sri Raja Rajeswari Gutlapadu village, Bhimavaram Mandal Lakshmana Rao, Aged about 49 years, Ammavari Alaya Committee, West Godavari District. ..-RESPONDENT/PETITIONER 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj Department, Secretariat Building District. 3. The District Panchayat Officer, West Godavari District, Bhimavaram. 4. The Gutlapadu Gram Panchayat, Rep. by its Panchayat Secretary, Gutlapadu village, Bhimavaram Mandal, West Godavari District. ...RESPONDENTS Velagapudi, Guntur 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 to vacate the Interim Order granted by this Hon'ble Court in W.P.No.29676/2024, dt: 17.12.2024, in the interest of justice. Counsel for the Petitioner: SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos.1 & 2: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.4: SRI P.R.K.AMARENDRA KUMAR The Court made the following: ORDER * % HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 29676 of 2024 THE ORDER: The present Writ Petition is filed assailing the impugned notice dated 09.12.2024, wherein the Panchayat Secretary has directed the R.S. No.23 of to stop the construction of temple in petitioner Gootlapadu Village of Bhimavaram Mandal. 2. The said notice was assailed in the present Writ Petition on the ground that the impugned notice does not contain any reasons. respondents have filed their counter affidavit and stated that the petitioner is renovating the temple without obtaining any permission from the respective authorities which is not permissible under law and requested to dismiss the Writ Petition. 3. The it is apposite to the facts of this case 4. Coming now in English language. After impugned order, it is noted that the that, despite the information provided the illegal construction of the temple reproduce the impugned order careful examination of the explanation submitted states to through reference no. 4 to remove and the granting of 15 days' time, there has been no in R.S. No. 23 within the stipulated time. It is hereby informed that all 11:00 AM onwards on 12.12.2024, response activities will be stopped from 2 based on the orders of the Hon'ble High Court and the instructions of the superior authorities. It is evident from the impugned notice, that it gives explanation as to whether the said construction was made in the water 5. no body or not. Thus, the order passed by the gram panchayat stood vitiated for not recording reasons and thus amount to violation of principles of natural justice and such orders cannot be passed mechanically and/or without assigning any reasons. 6. Hence, the Writ Petition is allowed setting aside the impugned order dated 09.12.2024, directing the Panchayat Secretary, to pass a reasoned order in accordance with law. Meanwhile, the petitioner is directed not to proceed with the construction. There shall be no order 7. as to costs. 8. As a sequel, thereto, interlocutory applications pending, if any, in this Writ Petition, shall stand closed. Sd/-SHAIK MOHD RAFI ASSISTANT.REGISTRAR // //TRUE COPY// S OFFICER To, 1. The Principal Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Guntur District. 2. The District Panchayat Officer, West Godavari District, Bhimavaram. 3. The Panchayat Secretary, Gutlapadu Gram Panchayat, Gutlapadu village, Bhimavaram Mandal, West Godavari District. 4. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] % 5. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] One CC to Sri P.R.K. Amarendra Kumar, Advocate[OPUC] Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] Three CD Copies. 6. 7. 8. ssb % HIGH COURT DATED:29/01/2025 ORDER ■gfMiW,R WP.No.29676 of 2024 ^ 0 2 APR 2G25 Current Section ^ p #,T ALLOWING THE W.P. WITHOUT COSTS