APHC010621112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWENTY EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32219/2025 Between: 1. BASAVA KALI NAGA MADHSUDHANA RAO,, S/O. SOBHANA CHALAPATHI RAO, AGED ABOUT 70 YEARS, OCC BUSINESS R/O D/NO. 6-3, KOTHAPETA, NUZVID, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU 3. THE COMMISSIONER, NUZVID MUNICIPALITY, NUZVID, ELURU DISTRICT 4. THE TAHSILDAR, NUZVID, NUZVID MANDAL, ELURU 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 topleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not considering the petitioner's representation dated 31.08.2025 seeking permission to construct Sri Ganganamma Temple in 27 Square yards of land at D. No.6-239, 6th Block, Raavi Chettu Centre, near Venkateswara swamy temple, Kothapeta, Nuzvid, Eluru District, as bad, illegal, arbitrary, without jurisdiction, violative of principles of natural justice and violative of Articles HN, J W.P.No.32219_2025 2 14, 21,25 and 26 of Constitution of India and consequently direct the respondents to grant permission to the petitioner to construct the subject temple IA 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 pleased to direct the respondents to consider the petitioner’s representation dated 31.08.2025 submitted for construction of Sri Ganganamma Temple in 27 Square yards of land at D. No.6-239, 6^'^ Block, Raavi Chettu Centre, near Venkateswara swamy temple, Kothapeta Nuzvid, Eluru District Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 3. GP MUNCIPAL ADMN AND URBAN DEV AP HN, J W.P.No.32219_2025 3 The Court made the following order: 1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the inaction on the part of respondent Nos.3 and 4 in not considering the representation of the petitioner seeking permission to construct a new Ganganamma Deity, along with other stone idols, namely three stone idols and one pothuraju stone idol, which were damaged. The petitioner also lodged a complaint in this regard, vide FIR No.82 of 2025, before the Nuzvid Police Station. 2. It is further submitted that an extent of 27 square yards of land was left out by the devotees of Ganganamma Deity for the purpose of constructing a temple, while selling their abutting land. In this regard, the petitioner submitted a representation along with 91 other villagers. 3. The learned Assistant Government Pleader appearing for respondent No.4 submits that the Gram Panchayat is the competent authority to grant permission and not the Tahsildar or the Municipality. 4. Recording the same, it is left open for the petitioner to submit a fresh representation to the Gram Panchayat seeking necessary permission, as the deity in question is a Grama Devatha. HN, J W.P.No.32219_2025 4 5. Considering the submissions made by both sides, it is observed that the land admeasuring 27 square yards is falling within the territorial limits and jurisdiction of the 3rd respondent. As such, the representation of the petitioner shall be disposed off by passing appropriate orders, keeping in view the religious sentiments of the villagers, in accordance with law. 6. Accordingly, the writ petition is disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 28.11.2025 NKA HN, J W.P.No.32219_2025 5 543 HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.32219 of 2025 Date: 28.11.2025 NKA