APHC010273752023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. MANDA VENKATA REDDY, S/O VENKATA REDDY, AGED 62 YEARS, OCC. BUSINESS, D.NO.1 TEMPLE, POLAMURU VILLAGE, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. 1. THE STATE OF AP, . REP. BY ITS RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, COLLECTORATE COMPOUND, RAJAMAHENDRAVARAM. 3. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DIST 4. THE DIVISIONAL PANCHAYAT OFFICER, RAJAMAHENDRAVRAM DIVISION, EAST GODAVARI DISTRICT, 5. THE PANCHAYAT SECRETARY, POLAMURU GRAMA PANCHAYAT, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT 6. SRI DATTA NAGA SAI ANANDA ASRAMAM SAI BABA TEMPLE, ESTABLISHED BY SHIRIDI SAI SEVA SOCIETY REGD NO.294/7010, REP. BY ITS PRESIDENT SATTI DEVADANA REDDY, SIO.SURREDDY AGED 47 YEARS, D.NO.1 ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. 7. SATTI DEVADANA REDDY, S/O.SURREDDY, AGED 47 YEARS, D.NO.1-196, POLAMURU (V) ANAPARTHI MANDAL, EAST 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13975/2023 MANDA VENKATA REDDY, S/O VENKATA REDDY, AGED 62 YEARS, OCC. BUSINESS, D.NO.1-196/1, BESIDE SAIBABA TEMPLE, POLAMURU VILLAGE, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF AP, . REP. BY ITS PRI.SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, COLLECTORATE COMPOUND, RAJAMAHENDRAVARAM. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, RAJAMAHENDRAVRAM DIVISION, EAST GODAVARI DISTRICT, THE PANCHAYAT SECRETARY, POLAMURU GRAMA PANCHAYAT, ANAPARTHI MANDAL, EAST GODAVARI DISTRICT SRI DATTA NAGA SAI ANANDA ASRAMAM SAI BABA TEMPLE, ESTABLISHED BY SHIRIDI SAI SEVA SOCIETY REGD NO.294/7010, REP. BY ITS PRESIDENT SATTI DEVADANA REDDY, SIO.SURREDDY AGED 47 YEARS, D.NO.1-118, POLAMURU (V) ANAPARTHI MANDAL, EAST GODAVARI DISTRICT. SATTI DEVADANA REDDY, S/O.SURREDDY, AGED 47 YEARS, 196, POLAMURU (V) ANAPARTHI MANDAL, EAST RC,J W.P.No.13975 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MANDA VENKATA REDDY, S/O VENKATA REDDY, AGED 62 196/1, BESIDE SAIBABA TEMPLE, POLAMURU VILLAGE, ANAPARTHI MANDAL, EAST ...PETITIONER PRI.SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, COLLECTORATE COMPOUND, RAJAMAHENDRAVARAM. THE DISTRICT PANCHAYAT OFFICER, RAJAMAHENDRAVARAM, THE DIVISIONAL PANCHAYAT OFFICER, RAJAMAHENDRAVRAM THE PANCHAYAT SECRETARY, POLAMURU GRAMA PANCHAYAT, SRI DATTA NAGA SAI ANANDA ASRAMAM SAI BABA TEMPLE, ESTABLISHED BY SHIRIDI SAI SEVA SOCIETY REGD NO.294/7010, REP. BY ITS PRESIDENT SATTI DEVADANA REDDY, 118, POLAMURU (V) SATTI DEVADANA REDDY, S/O.SURREDDY, AGED 47 YEARS, 196, POLAMURU (V) ANAPARTHI MANDAL, EAST RC,J W.P.No.13975 of 2023 2 GODAVARI 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 to Hon'ble Court may be pleased to issue a Writ or direction or order more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 5 in not removing the 6th respondent temple constructed without obtaining any prior permission from the 5th respondent in public space in R.S.No.209/2 of Polamuru Village, Anaparthi Mandal, East Godavari District, and further blocking the Panchayat Road thereby preventing the ingress and egress of the petitioner as illegal, arbitrary contrary to provisions of A.P. Panchayat Raj Act and the rules made thereunder, in violation of Articles 21 and 300-A of Constitution of India and further contrary to the Ratio laid down by the Apex court in Union Of India Vs The State Of Gujarat Reported in 2011(14)SCC 62 and pass IA NO: 1 OF 2023 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 Hon'ble Court may be pleased to direct respondents 2 to 5 to consider the representations made by the petitioner dt.25-05-2022 and 07-06¬2022, pending disposal of the writ petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SIVA RAMA KRISHNA KOLLURU Counsel for the Respondent(S): 1. N SIVA REDDY 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) RC,J W.P.No.13975 of 2023 3 ORDER The grievance of the petitioner is that the respondent authorities are not removing the temple being constructed by respondent no.6 in Public space in R.S.No.209/2 of Polamuru Village, Anaparthi Mandal, East Godavari District, without obtaining any prior permission from the authorities and further blocking the panchayat road. 2. The respondent no.5-Gram Panchayat filed counter affidavit stating that pursuant to the representation of the petitioner, the Gram Panchayat issued notice to respondent no.6, for which he submitted reply stating that the land belongs to him and he acquired the same by way of gift deed. The Gram Panchayat has been taking care of the land and the donor of the land Satti Venkat Reddy is unknown. It is further stated that there are disputes between the petitioner and respondent no.6 with regard to ingress and egress in Survey No.209/2 and they have to approach competent civil Court to sort out their disputes. It is further stated that it is the petitioner and respondent no.6 that had constructed the temple without obtaining permission and now they are making allegations against each other. 3. The contents of the counter affidavit would indicate that temple was constructed without obtaining any permission and further the Gram Panchayat is claiming the land to be that of the Gram Panchayat and donor of the gift deed projected by respondent no.6 is unknown. RC,J W.P.No.13975 of 2023 4 4. In view of the above, without going into the ownership of the land, the writ petition is disposed of, directing the Gram Panchayat to look into the grievance of the petitioner and if it is found that no permission is obtained, they shall take steps against the temple constructed by respondent no.6 in accordance with law after issuing show cause notice inviting explanation and after providing a reasonable opportunity of being heard and by passing a reasoned order and to take steps accordingly. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI DATED 22ND day of December, 2025. RR