IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2460 OF 2025 Between: 1. Adabala Venkata Surya Narayana, S/o. Venkata Rao, Aged 43 years, Occ Agriculture, R/o. 1-96, Mula Gondi, Gondi village, Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District. 2. Adabala Gangadhar Rao, S/o. Veeraraghavulu, Aged 45 years, Occ Agriculture, R/o. Mula Gondi, Gondi Village, Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District. 3. Adabala Veemageswar Rao, S/o. Veeraraghavulu, Aged 48 years, Occ Agriculture, R/o. Mula Gondi, Gondi Village, Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District. 4. Adabala Satyanarayana, S/o. Narasimha Murthy, Aged 55 years, Occ Agriculture, R/o. Mula Gondi, Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District. ^ ...PETITIONERS AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat, Velagapudi. Amaravati, Guntur District. 2 The District Collector, Dr B R Ambedkar Konaseema District, Amalapuram, Dr B R Ambedkar Konaseema District. ^ 3. The Mandal Parishad Development Officer, Sakhinetipalli Village and Mandal, Dr B R Ambedkar Konaseema District. 4. The Gondi Grama Panchayat, Rep by its Panchayat Secretary, Gondi, Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District 5. Sri Koppadi Rangayya, S/o Veerraju, Gondi Village, Sakhinetipalli Mandal, East godavari District 6. Sri Kollu Venkat Raju, S/o Balaraju, Gondi Village, Sakhinetipalli Mandal, East godavari District 7. Sri Kollu Veerraju, S/o Narasimha swamy, Gondi Village, Sakhinetipalli Mandal, East godavari District 8. Sri Yenumala Hanumantha rao, S/o Swamy Naidu, Gondi Village, * Sakhinetipalli Mandal, East godavari District ^ 9. Sri Yenumala Satyanrayana, S/o Venkataratnam, Gondi Village, Sakhinetipalli Mandal, East godavari District Sri Yenumala Subbarao, S/o Late Venkatswara rao, Gondi Village,Sakhinetipalli Mandal, East godavari District ^ 10. Sri. Yenumula Nageswara Rao, S/o Rama Rao,Gondi village, Sakhinetipalli Mandal, East godavari District 11. 12. Sri. Yenumula SubbaRao, S/o Shanumkha Anjaneyulu, Gondi Village, Sakhinetipalli Mandal, East godavari District ...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 any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents No 2 to 4 in not considering the representation dated 18-01-2025 for preventing the respondents No.5 to 12 from making illegal construction of temple in our land admeasuring Ac.0.20 cents in Sy.No. 214/1 of Gondi Village of Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District as illegal, arbitrary, violative of the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of the India and consequently direct the respondents No 2 to 4 to prevent the respondents from making illegal construction of temple in our land admeasuring Ac.0.20 cents in Sy.No. 214/1 of Gondi Villa Sakhinetipalli Mandal, Dr B R Ambedkar Konaseema District / of 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 direct the respondents No 2 to 4 to prevent the illegal construction being raised by the Respondents No. 5 to 12 in the land admeasuring Ac. 0.11 cents in Sy.No. 214/1 of Gondi Village of Sakhinetipalli Mandal, East Godavari district and not to lay any road in the same, pending disposal of the above writ petition. f Counsel for the Petitioners: SRI. G R SUDHAKAR Counsel for the Respondents No. 3 & 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.5 to 12: SRI Y KOTESWAR RAO, STANDING COUNSEL FOR GRAM PANCHAYAT The Court made the following order: 1 4 APHC010043742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] // THURSDAY ,THE FIRST DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2460/2025 Between: 1.ADABALA VENKATA SURYA NARAYANA,, S/0. VENKATA RAO, AGED 43 YEARS, OCC AGRICULTURE, R/0. 1-96, MULA GONDI, GONDI VILLAGE, SAKHINETIPALLI MANUAL, DR B R AMBEDKAR KONASEEMA DISTRICT. 2.ADABALA GANGADHAR RAO,, S/0. VEERARAGHAVULU, AGED 45 YEARS, OCC AGRICULTURE, R/0. MULA GONDI, GONDI VILLAGE, SAKHINETIPALLI MANUAL, DR B R AMBEDKAR KONASEEMA DISTRICT. 3.ADABALA VEEMAGESWAR RAO,, S/0. VEERARAGHAVULU, AGED 48 YEARS, OCC AGRICULTURE, R/0. MULA GONDI, GONDI VILLAGE, SAKHINETIPALLI MANDAL, DR B R AMBEDKAR KONASEEMA DISTRICT. 4.ADABALA SATYANARAYANA,, S/0. NARASIMHA MURTHY, AGED 55 YEARS, OCC AGRICULTURE, R/0. MULA GONDI, SAKHINETIPALLI MANDAL, DR B R AMBEDKAR KONASEEMA DISTRICT. ...PETmONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR B R AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM, DR B R AMBEDKAR KONASEEMA DISTRICT. T 2 3. THE MANDAL PARISHAD DEVELOPMENT OFFICER, SAKHINETIPALLI VILLAGE AND MANDAL, DR B R AMBEDKAR KONASEEMA DISTRICT 4. THE GONDI GRAMA PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, GONDI, SAKHINETIPALLI MANDAL, DR B R AMBEDKAR KONASEEMA DISTRICT 5. SRI KOPPADI RANGAYYA, S/0 VEERRAJU, GONDI VILLAGE. SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT 6. SRI KOLLU VENKAT RAJU, S/0 BALARAJU, GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT S/0 NARASIMHA SWAMY, GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT 8. SRI YENUMALA HANUMANTHA RAO, S/0 SWAMY NAIDU, GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT 9. SRI YENUMALA SATYANRAYANA, S/O VENKATARATNAM, GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT 10.SRI YENUMALA SUBBARAO, S/O LATE VENKATSWARA RAO GONDI VILLAGE.SAKHINETIPALLI MANDAL. EAST GODAVARI DISTRICT 11. SRI YENUMULA NAGESWARA RAO, S/O RAMA RAO.GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT 12.SRI YENUMULA SUBBARAO, S/O SHANUMKHA ANJANEYULU, GONDI VILLAGE, SAKHINETIPALLI MANDAL, EAST GODAVARI DISTRICT \ 7. SRI KOLLU VEERRAJU, ...RESPONDENT(S); Counsel for the Petitioner(S): 1.G RSUDHAKAR Counsel for the Respondent(S); 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ¥ ORAL ORDER: Heard Sri D. Harsha Vardhan, learned Counsel appearing on behalf of Sri G.R. Sudhakar, learned Counsel for the Writ Petitioners, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri V. Sai Kiran, learned Counsel representing Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat. The prayer sought in the present Writ Petition is as under: 2. “It is prayed that this Hon’ble Court may be pleased to issue any writ or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the respondents Nos.2 to 4 in not considering the representation dated 18-01-2025 for preventing the respondents Nos.5 to 12 from making illegal construction of temple in our land admeasuring Ac.0.20 cents in Sy.No.214/1 of Gondi Village of Sakhinetipalli Mandal, Dr.B.R. Ambedkar Konaseema District as illegal, arbitrary, violative of the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of the India and consequently direct the respondents Nos.2 to 4 to prevent the respondents from making illegal construction of temple in our land admeasuring Ac.0.20 cents in Sy.No.214/1 of Gondi Village of Sakhinetipalli Mandal, Dr.B.R. Ambedkar Konaseema District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of the justice.” 3. The prayer itself would indicate that the land, in which the alleged illegal construction of the temple has been initiated by the Unofficial Respondent Nos.5 to 12, belongs to the Writ Petitioners. It is the submission of the learned Counsel for the Writ Petitioners that the Official Respondents have not granted any permission for undertaking any kind of construction by the Respondent Nos.5 to 12 and therefore, there is non-compliance of the statutory requirement. With these facts, the Writ Petitioners are seeking a Writ of Mandamus to the Official Respondents. 4. The facts in this case would indicate that the Writ aggrieved by the unauthorized construction, whether it i in the land belonging to the Writ Petitioners, the Writ Petitioners is to approach the Civil Court by initiating proceeding rather than attempting to do Petitioners are, in fact, c it is a temple or building. Therefore, the first remedy for an appropriate a shadow boxing in an indirect % \ manner, seeking mandamus to the Official Respondents Unofficial Respondents to not to permit the cause any construction without the permission of Writ Petitioners have resorted law remedy while the the Panchayat. In the opinion of this Court, the to an abuse of process by directly invoking the public private law remedy is right before their footsteps. s. In the above premise, this Writ Petition is dismissed, not only being devoid of any merit, but it is aiso an abuse of process. No order as to costs. Writ Petitioners are free to approach the Civil Court, if so advised None of the observations, made hereinabove, in dismissing the present Writ Petition, would have any bearing on the Civil Court. Interlocutory Applications, if any, stand closed in terms of this order. 6. 7. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// N OFFICER SE To, 1. One CC to SRI. G R SUDHAKAR Advocate [OPUC] 2. Two CCS to GP for PANCHAYAT RAJ RURAL DEV ,High Court Of Andhra Pradesh. [OUT] 3. One CC to Sri Y.Koteswara Rao, Advocate[OPUC] 4. Three CD Copies VNA HIGH COURT DATED:01/05/2025 \ ORDER WP.No.2460 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS