IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1055 OF 2025 Between: Sri Kanyakaparameswari Aalaya Committee, Rep. by its President Mr. Thummalapenta Srinivasulu, D. No. 23-15-86/2, G.S Raju Road, Beside Water Tank of VMC, Satyanarayanapuram, Vijayawada - 520011. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Municipal Administration and Urban Development Authority Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Irrigation Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Collector, NTR District, Vijayawada. 4. The Vijayawada Municipal Corporation, Rep. by its Commissioner, Vijayawada, NTR District. 5. The Superintendent Engineer, Water Resource Department (Irrigation Department), Vijayawada, NTR District. 6. The Commissioner of Police, NTR District, Vijayawada. 7. The City Planner, Vijayawada Municipal Corporation, Vijayawada, NTR District. 8. The Institution of Lokayukta of Andhra Pradesh, Represented by its Registrar, Santosh Nagar, Kurnool - 518001. 9. M.V Subba Rao, Resident of 4*^ Lane, Kadareswara pet, Vijayawada - 520003. ...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 by declaring the impugned notice issued by the 4**^ respondent bearing Rc.G2-108626/2024 dated 16-12-2024 for evicting the petitioners premises in compliance of the orders of the 8 respondent dated 23-10-2023 in vide Complaint no. 1991/2023/B which was preferred by the 9*^ respondent as illegal, irregular, irrational, arbitrary, without any authority of law, contrary to provisions of Andhra Pradesh Municipal Corporation Act 1994 and Offends Articles 14, 19, 21 and 300-A of the constitution of India to set aside the same and consequently direct the respondents not to interfere with the temple and community hall construction by the petitioner's situated in D. No. 23-15-86/2, G.S. Raju Road, Satyanaraynapuram, Vijayawada - 520011 in any manner whatsoever including demolition. th 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 to suspend the impugned notice issued by the 4**^ respondent bearing RC.G2-108626/2024 dated 16-12-2024 by restraining the respondents 1 to 7 not to interfere with the Temple and Community hall structure of the petitioner situated in D. No. 23-15-86/2, G.S. Raju Road, Satyanaraynapuram, Vijayawada - 520011 in any manner whatsoever including demolition by using force disposal of the main writ petition. Counsel for the Petitioner: SRI GANGISETTI UMA SANKAR Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 2 & 5: GP FOR IRRIGATION AND CAD Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent Nos.4 & 7: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent No.6: GP FOR HOME Counsel for the Respondent Nos.8 & 9;-- The Court made the following: ORDER APHC010020572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1055/2025 Between: Sri Kanyakaparameswari Aalaya Committee AND ...PETITIONER ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.GANGISETTI UMA SANKAR Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR MUNCIPAL ADMN URBAN DEV 3.GP FOR REVENUE 4.GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the impugned notice issued by the 4TH respondent bearing Rc.G2-108626/2024 dated 16-12-2024 for evicting the petitioners premises in compliance of the orders of the 8TH respondent dated 23-10-2023 in vide Complaint no. 1991/2023/B which was preferred by the 9TH respondent as illegal, irregular, irrational, arbitrary, without any authority of law, contrary to provisions of Andhra Pradesh Municipal Corporation Act 1994 and Offends Articles 14, 19, 21 and 300-A of the constitution of India to set aside the same and consequently direct the respondents not to interfere with the temple and community hall construction by the petitioner's situated in D. No. 23-15-86/2, G.S. Satyanaraynapuram, Vijayawada - 520011 in any manner whatsoever including demolition and pass... ” The brief facts of the case are that the petitioner is the President of the Temple Committee, who has undertaken to construct the community hall, i.e., Kalyana Mandapam with their own funds by collecting the donations from the members of the temple committee and as well as from the devotees of the temple after obtaining appropriate permission from the respondent No.4 in pursuance of the resolution dated 03.11.2018, passed by the respondent No.4 for allotting the land within their jurisdiction to construct the aforesaid Kalyana Mandapam. 2. While the matter being so, after obtaining the land allotment permission from the respondent No.4, a new society got registered as per the Societies Act on 19.04.2022, under the name and style of Kanyakaparameswari Alayam Mariyu Kalyan Mandiram Abhivrudhi Sangam for constructing the temple and 3. developing the community hall. Thereafter was elected and has completed the construction of the temple. a governing body to the said temple 4. While the matter being notice bearing No.Rc.G2-108626/2024, dated 16.12.2024 on 27.12.2024, the petitioner had received a issued by the so respondent No.4, informing the petitioner that respondent No.9 herein alleging that the site Canal Bund, abducting G.S. Raju belongs to the Irrigation department a complaint made by the at TS.No.629 situated at Eluru road, Satyanarayanapuram, Vijayawada, on and which was encroached upon by the petitioner for construction of the said Kalyana Mandapam and after duly considering the complaint made by one Mr. M.V.Subba Rao, the Hon'ble Upa- Lokayukta has passed award, directing the District Collector, NTR District, Vijayawada and the Commissioner, an Vijayawada Municipal Corporation Vijayawada, to conduct a detailed enquiry and evict the encroachers from the said Irrigation Canal and handover the said site to the Irrigation Department and submit a compliance report. In pursuance of the order passed by the Hon’ble Upa-Lokayukta, the impugned notice dated 16.12.2024 was issued to the petitioner by the respondent No.4. Challenging the same, the petitioner filed the present writ petition on the ground that without any jurisdiction, the impugned notice dated 16.12.2024, was issued by the respondent No.4, though the petitioner was not a party before the Hon’ble Upa-Lokayukta. 5. Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration and Urban Development, learned Government Pleader for Home and Sri. A.S.C. Bose, learned Standing Counsel for respondent Nos 4 to 7. 6. Today when the matter up for hearing, Sri A.S.C.Bose, learned No.4 has furnished dated 20.01.2025, duly enclosing came Standing Counsel appearing for the respondent a copy of instructions in Rc.G2-18626/2023, the statement given by the petitioner herein, wherein it is stated that after receiving the notice dated 16.12.2024, the petitioner gave an undertaking before the respondent No.4, stating that if the petitioner-society were given a time period of thirty (30) days, they are ready to vacate the subject premises. But, however, the learned counsel for the petitioner has stated that though the petitioner is not a party before the Hon’ble Upa-Lokayukta, the respondent No.4 had issued the impugned notice to the petitioner in pursuance of the order passed by the Hon’ble Upa-Lokayukta. On a perusal of the instructions along with the statement given by the petitioner, it can be understood that after issuance of the impugned notice dated by the respondent No,4, the petitioner himself had took an 6. 16.12.2024, undertaking before the respondent No.4-authorities that, if at all the petitioner is time period of thirty (30) days, he would vacate the subject premises. given a In view of the same, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit an explanation to the impugned notice dated 16.12.2024, within a period of one (01) week from the date of receipt of a copy of the order. Thereafter, on receipt of the said explanation submitted by the petitioner, the respondents are directed to conduct an enquiry and initiate appropriate action in accordance with law. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand 7. 8. closed. Sd/- M. SRIN.'VAS ASSISTANT REGiSTRAR //TRUE COPY// SECT ON OFFICER To, 1. The PrI. Secretary, Municipal Administration and Urban Development Authority Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The PrI. Secretary, Irrigation Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Collector, NTR District, Vijayawada. 4. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, NTR District. 5. The Superintendent Engineer, Water Resource Department (Irrigation Department), Vijayawada, NTR District. 6. The Commissioner of Police, NTR District, Vijayawada. 7. The City Planner, Vijayawada Municipal Corporation, Vijayawada, NTR District. 8. The Registrar, Institution of Lokayukta of Andhra Pradesh, Santosh Nagar, Kurnool - 518001. 9. One CC to Sri Gangisetti Lima Sankar, Advocate [OPUC] 10. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPU C] 11. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 14. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 15. Three CD Copies. ssb 'f A , '■ HIGH COURT DATED:21/02/2025 ORDER WP.No.1055 of 2025 * 0 3 MAR 2025 ^ . Current Secuon , to, DISPOSING OF THE W.P. WITHOUT COSTS