IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE .. PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2300 OF 2025 V. Between: Gumma Krishnaiah, S/o. Ramanaiah, aged about 66 years R/o Tatiparthipalem Village, Venkatachalam Mandal, SPSR Nellore District.’ ...PETITIONER-^ AND The State of Andhra Pradesh, Rep.by its Principal Secretary, Endowments Department, A.P .Secretariat, Velagapudi, Amaravathi, Guntur District. The Commissioner, Endowments Department, SPSR Nellore District. ■- The Assistant Commissioner, Endowments Department, SPSR Nellore 1. 2. 3. District. Sri Moolasthaneswaraswamy temple. Rep by its Executive officer Sarvepalli village, Venkatachalam Mandal, SPSR Nellore District. Nikkudala'^amesh, S/o. Nikkudala Ramanaiah aged about 45 years Tatiparthipalem Village, Venkatachalam Mandal, SPSR Nellore 4. 5. R/o District. Nikkudala Rathnaiah, S/o. Nikkudala Venkaiah aged about 70 years, R/o Tatiparthipalem Village, Venkatachalam Mandal, SPSR Nellore District. Nikkudala ^alakrishna, S/o. Nikkudala Masthaniah, aged Not Known R/o Tatiparthipalem Village, Venkatachalam Mandal, SPSR Nellore District 6. 7. , 8. Nikkudala Gopal, S/o. Nikkudala Venkaiah, aged Not Known, R/o Tatiparthipalem^/illage, Venkatachalam Mandal, SPSR Nellorebistrict. 9. Nikkudala dasaiah, S/o. Nikkudala Venkaiah, aged Not Known, R/o / Tatiparthipalem Village, Venkatachalam Mandal, SPSR Nellore District, u/ ...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 a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents Nos.2 to 4 in not taking steps to remove the encroachments by the respondents Nos.5 to 9 of the land in Sy.No.1131/1A situated at Sarvepalli Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore District as illegal and arbitrary and consequently direct the respondents Nos. 2 to 4 to evict the respondents Nos.5 to 9 from the land belongs to the 4*'^ respondent Temple in Sy.No.1131/1A situated at Sarvepalli Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore District. 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 Nos.2 to 4 to consider the representation Dated: 07-01-'^025 and take steps to remove the encroachments in the land covered by Sy.No.113T/1A an extent of Ac. 1.0^cents situated at Sarvepalli Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore District pending disposal of the above Writ Petitioh. Counsel for the Petitioner: SRI P.GANGA RAMI REDDY^ Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI G.RAMANA RAO, SC FOR SRI MOOLASTHANESWARASWAMY TEMPLE Counsel for the Respondent Nos. 5 to 9: The Court made the following: ORDER 1 APHC010044532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 2300/2025 Between; ...PETITIONER Gumma Krishnaiah AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PGANGA RAMI REDDY Counsel for the Respondent(S): 1.GP FOR ENDOWMENTS The Court made the following: ORDER; The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief; “ declaring the action of the respondents No. 2 to 4 in not taking steps to remove the encroachments by the respondents No. 5 to 9 of the land in Sy.No.1131/1A situated at Sarvepalli Bit-Ill village, Venkatachalam Mandal, SPSR Nellore District as illegal and arbitrary and consequently direct the respondents No. 2 to 4 to evict the respondents No. 5 to 9 from the land belongs to the 4‘^ respondent temple in Sy.No.1131/1A situated at Sarvepalli Bit-iii village, Venkatachalam Mandal, SPSR Nellore District and pass such other or further order or orders ” 2 2. The case of the petitioner is that the petitioner along with others have filed representation to the 3''^ respondent stating that the respondents 5 to 9 have encroached Ac.0.65 cents of land out of Ac.1.02 cents in Sy.No.1131-1A of Survepalli Bit-3 village belongs to the respondent and constructed houses therein. Inspite of repeated requests made by the petitioner, the 3'"^ respondent has not taken any action to remove the encroachments and the Executive Officer of the temple has also not taken any action in the matter. Hence the present writ petition is filed. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Endowments, appearing for the respondents 1 to 3 and Mr.G.Ramana Rao, learned Standing Counsel respondent. 3. appearing for the 4' On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition. 4. 5. Learned Standing Counsel for Endowments has submitted a copy of instructions of the 4‘^ respondent temple vide Rc.No.Nil/2025, dated 29.01.2025, wherein it is stated that the Executive Officer of the 4*^ respondent had enquired into the matter and also inspected the land under encroachment by the respondents and noticed that the respondents 5 to 9 have divided the land into five plots and constructed houses therein and using the same for domestic purpose. Further it is stated that the Executive Officer respondent temple has not received the representation from the villagers. As per the records, the name of the pattadar is the 4^*^ respondent temple, hence, the authorities of the respondent temple are going to get the land surveyed by the Mandal Surveyor duly marking the encroachments, obtain sketch of the lands and take further action in the matter for removal of the encroachments as per the Rules. of the 4 6. So, by recording the above instructions, this Court feels it appropriate to dispose of the writ petition directing the 4‘^ respondent to take steps for removal of the encroachments by the respondents 5 to 9, in accordance with law, as expeditiously as possible, within a period of four (04) months from the date of receipt of a copy of this order. With the above observation, the Writ Petition is disposed of. There shall 7. be no order as to costs. As a sequel, interlocutory applications, if any pending, shall stands Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR 8. closed. ^ECT*^OFFICER //TRUE COPY// To, 1. The Principal Secretary, Endowments Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Commissioner , Endowments Department, SPSR Neliore District. 3. The Assistant Commissioner, Endowments Department, SPSR Nellore District. The Executive Officer, Sri Moolasthaneswaraswamy Temple, Sarvepalli Village, Venkatachalam Mandal, SPSR Nellore District. (BY RPAD) One CC to Sri P.Ganga Rami Reddy, Advocate [OPUC] Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] One CC to Sri G. Ramana Rao, SC for Sri Moolasthaneswaraswamy Temple [OPUC] Three CD Copies. 4. 5. 6. 7. 8. gi HIGH COURT DATED:06/02/2025 ORDER 2 0 MAR 2025 g Current Section . ^ WP.No.2300 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS