APHC010609462013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 30481 and 36287 of 2013 W.P.No.30481 of 2013 Between: Kommugury Arthur Paul, and Others ...PETITIONER(S) AND The Commissioner Nagar Panchayatmunicipality and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. T S RAYALU Counsel for the Respondent(S): 1. B D MAHESWARA REDDY 2. GP FOR ROADS BUILDINGS 3. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 4. GP FOR REVENUE 5. GP FOR ROADS BUILDINGS (AP) 6. B CHANDRA SHEKHAR W.P.No.36287 of 2013 Between: A. V.v. Sambasiva Rao and Others ...PETITIONER(S) AND Vuyyuru Municipality and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. AKA VENKATARAMANA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP FOR REVENUE 4. GP FOR ROADS BUILDINGS (AP) 5. T S RAYALU The Court made the following: COMMON ORDER:- Since the issue involved in both the writ petitions is one and the same, this Court is of the view that it is appropriate to decide both the petitions by common order. 2. W.P.No.30481 of 2013 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent No.1 in not acting upon the complaint of the petitioners and other residents dt.09.10.2013 and also as well as upon the letter R&B Department dt.09.10.2013 addressed to the Respondent No.1, as bad, illegal, arbitrary and violative of Provisions contained in A.P. Municipalities Act, 1965 and consequentially direct the respondents 1 to 3, to take immediate steps by stopping all further construction activities over the property an extent of 2 ½ cents situated in R.S.No.1027/1 adjacent to 29/10 km Milestone situated at Vuyyuru Nagar Panchayat, Krishna District belonging to R&B Department and further direct them to remove the encroachments and illegal structures over the said property…” 3. W.P.No.36287 of 2013 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 or any other appropriate writ declaring the proceedings of the 1st respondent in R.O.C.No.736/2013 G1 dated 21.10.2013 issued under section 192 of A .P. Municipalities Act, 1965 as illegal, arbitrary and without jurisdiction and issue consequential direction directing the 1st respondent not to demolish the Mandir (Temple) situated in survey No.1027/1, situate in Rajarishi Nagar, Srinagar Colony, Totlavalluru Road, Vuyyuru village, Krishna District…” 4. Heard learned counsel for the petitioners and learned counsel for the respondents. 5. Today when the matter came up for hearing, learned Standing Counsel has furnished a copy of instructions, wherein it is stated that Mr. K.Arthur Paul has filed W.P.No.30481 of 2013 challenging the action of Vuyyuru Nagar Panchayat in not protecting the Government property belonging to R&B Department and not removing the encroachments raised in the said property, wherein there was an interim direction as prayed for, for a period of three weeks. 6. It is further stated that in pursuance of the orders passed by this Court, the Vuyyuru Nagar Panchayat issued notice to the petitioners in W.P.No.36287 of 2013 on 21.10.2013 under Section 192 of the AP Municipality Act, 1965. Challenging which, W.P.No.36287 of 2013 was filed, wherein the following interim order was passed on 19.12.2013. “Subject to the writ petitioners not making any further constructions and maintaining the status quo existing as of now, the Collector & District Magistrate, Krishna, is directed to deal with the representation said to have been submitted by the petitioners on 26-09-2013 asking for grant of patta over 2 ½ cents of land for construction of a Sai Baba Mandir, after taking into account and consideration the opinion of the Executive Engineer, Roads & Buildings as well as the Executive Engineer, Irrigation Department before any decision in the matter is taken. Let the decision be taken and communicated to the petitioners as expeditiously as possible, preferably within a period of two months.” 7. As per the orders of this Court dated 19.12.2013, the Collector and District Magistrate of Krishna District sent a letter vide No.Rc.E4.2940/2013, dated 14.03.2014 requesting to submit a report as directed by this Court. 8. It is further stated that pursuant to which, the Vuyyuru Nagar Panchayat submitted a report vide Roc.No.290/2014/G1, dated 03.04.2014 stating that at the time of issuance of the said notice, construction of the temple had reached the stage of four pillars, an idol also was placed at the center of the said construction. Presently, the construction of the ground floor has been completed and rituals are being carried out. It is further stated that the Tahsildar has submitted a report on 22.01.2025 stating that he has conducted a survey with the assistance of the Mandal Surveyor, Vuyyuru Mandal Revenue Inspector, Vuyyuru and Village Revenue Officer, Sri Lanka Colony-II Municipal Staff and measured the land in which Sai Gnana Mandiram is being constructed and submitted a report that the said Mandiram is situated in R.S.No.1027/1 of Vuyyuru Village in an extent of Ac.0.02 ½ cents in Road Poramboke land. 9. In view of the fact that pending the writ petition, the construction of the said temple has already been completed and rituals are being carried out and is not creating any difficulty to the public, this Court is of the opinion that no further cause survives. 10. In view of the same, these Writ Petitions are closed. However, the petitioners are at liberty to approach this Court if at all there is any interference in future. No order as to costs. Consequently miscellaneous applications pending, if any, in the Writ Petition, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date : 05.02.2025 JLV 486 HON’BLE SMT. JUSTICE V.SUJATHA W.P.Nos.30481 and 36287 of 2013 Dt.05.02.2025 JLV