IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12389 OF 2025 Between: Sammeta Ganapathi Rao, S/.o. Subbarao, Aged about 37 yrs, Occ: Cultivation, R/o.Mukkollu (V), Guduru (M), Krishna Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its PrI. Secretary, Endowment Dept, Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The Commissioner, Endowment Department, Gollapudi, Vijayawada. 3. The Asst. Commissioner, Office of District Endowment Office District, Machilipatnam. Krishna 4. The District Collector, Krishna District, Machilipatnam. 5. The District Endowment Machilipatnam. Officer, Endowment Department 6. The Tahsildar, Guduru Mandal, Guduru, Krishna District. 7. The Executive Officer, Sri Ganga Parvathi Sametha Ramaiingeswara Swamy Temple, Thummalacheruvu (V), Guduru(M), Krishna Dist. 8. Sri Ganga Parvathi Sametha Ramaiingeswara Swamy Temple, Rep by Its Executive Officer, Thummalacheruvu(V), Guduru(M), Krishna Dist. 9. Mr.Pothana Ramakrishna, S/o. Poorna Chandra Rao, Aged about 40 yrs, Occ: Cultivation, R/o. Besides Police Station, Main Road Guduru Krishna Dist. ...RESPONDENTS Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or order or orders or direction may more particularly one in the nature of writ of mandamus declaring the inaction of the official respondents in taking action on the representation of the petitioner dt. excavation of sand from the Tank 16.04.2025 with regard to the illegal belongs to 8th respondent in an extent of Ac. 11.91 cents situated in Sy. No.7/1 of Tummalapalem Village, Guduru Mandal, Krishna District the guise of the permission said to have been given by the 3rd respondent vide Proceedings in Rc. N0.A2/E. No. 1154497/2025 DM, Dt.22 even though there is specific restriction that under . 03.2025 No dredged earth will go outside from the field as illegal, arbitrary, unjust, discriminatory and also iin violation of principles of natural justice and consequently direct the 2nd, 3rd respondent and his men to transport -i an extent of Ac. 11.91 cents Situated in Sy. No.7/1 of Tummalapalem Village. Guduru Mandal, Krishna District. & 5th respondents not to allow the 9th the sand by excavating the same from the Tank in lA NO: 1 OF 9091^ Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the 3rd praying that in the circumstances in support of the petition, the High Court may be respondent to act upon the representation petitioner dt. 16.04.2025 to stop the 9th respondent from illegal digging of an extent of Ac. 11.91 cents situated in Sy. No.7/1 of the sand from Tank in Tummalapalem Village, Guduru Mandal, Krishna District in the interest of justice. Counsel for the Petitioner: SRI G L NAGESWAR EnSmENTS 1. 2, 3, 5, 7 & 8: GP FOR Counsel for the Respondent Nos. 4 & 6: RAO GP FOR REVENUE Counsel for the Respondent No.9: —- The Court made the following: ORDER APHC010246802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12389 of 2025 Between: Sammeta Ganapathi Rao ...Petitioner AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: 1.G L Nageswar Rao Counsel for the Respondents: 1.GP for Revenue 2.GP for Endowments The Court made the following order: Heard Sri G.L.Nageswar Rao, learned counsel for the petitioner learned Assistant Government Pleader for Endowments and Smt. Pulipati Radhika, learned Standing Counsel for Endowments appearing for the respondent Nos.7 & 8. With the consent of both the learned counsel the writ petition is disposed of at the stage of admission. 2. The writ petition is filed challenging the inaction of the respondents in taking action on the representation of the petitioner dated 16.04.2025 against 2 the illegal dredging of the Tank belonging to the 8**^ respondent-Temple over an extent of Ac.11.91 cents situated in Sy.No.7/1 of Tummalapalem Village, Guduru Mandal, Krishna District. 3. Today, when the matter is taken up for admission, the learned Assistant Government Pleader for Endowments has placed before the Court a copy of the written instructions received from the 5^'" respondent. A perusal of the same would reflect that the public auction notice was issued for auctioning of leasehold rights in respect of the subject tank owned by the temple on 24.07.2024. The auction proposals were finalized in favour of the highest bidder. The successful bidder submitted a representation to the 7‘^ respondent for permission to dig the tank stating carrying out of certain repairs to the tank for enhance the depth of the tank. Pursuant to the same, the request of the bidder was forwarded to the District Endowments Officer to accord permission for digging of the tank. Accordingly, the District Endowments Officer has issued orders vide Proceedings dated 22.02.2025, accorded permission for dredging around the tank bunds. It is further stated that on receipt of the complaint against the bidder that the dredging was beyond the permission granted, the same was informed to the Executive Officer. The Executive Officer has stopped the work and presently no digging activity is being carried on by the bidder. It is stated by the learned Counsel(s) appearing for the respondents that any excavation, would be in accordance with the proceedings of the District Endowments Officer. The said remarks of the 5^'" respondent are placed on record. 4. 3 5. In view of the foregoing, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending, shall also stand closed. //TRUE COPY// A,- of To SECTtOl'i 1. The Principal Secretary. Endowment Dept, Secretariat, Velagapudi Amaravathi, Guntur Dist. 2. The Commissioner, Endowment Department, Gollapudi 3. The Asst. Commissioner, Office of District District, Machilipatnam. Vijayawada. Endowment Office, Krishna 4. The District Collector, Krishna District, Machilipatnam. 5. The Machilipatnam. 6. The Tahsildar, Guduru Mandal, Guduru District Endowment Officer, Endowment Department Krishna District. 7. The Executive Officer, Sri Ganga Parvathi Sametha Swamy Temple, Thummalacheruvu (V), Guduru(M) Ramalingeswara , Krishna Dist. 8. Sri Ganga Parvathi Sametha Ramalingeswara Swamy Temple Its Executive Officer, Thummalacheruvu(V), Guduru(M) 9. One CC to Sri G L Nageswar Rao Advocate [OPUC] 10. Two CCs to GP for Endowments, High Court of Andhra 11. Three CD Copies Rep by Krishna Dist. Pradesh. [OUT] TF mf HIGH COURT DATED:06/05/2025 ORDER WP.No.12389 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS