APHC010093842023 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4709/2023 Between: 1. ASADI ANKALA REDDY, S/O. VENKATESWARA REDDY AGED 42 YEARS, OCC AGRICULTURE, R/O. 3 CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY. ITS SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, PANCHAYAT WING, BAPATLA DISTRICT AT BAPATLA, ERSTWHILE PRAKASAM DISTRICT. 3. DISTRICT PANCHAYAT OFFICER, BAPATLA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 4. DIVISIONAL PANCHAYAT OFFICER, CHIRALA DIVISION, CHIRALA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 5. MANDAL PARISHAD DEVELOPMENT OFFICER, CHIRALA MANDAL, CHIRALA, BAPATLA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 4709/2023 ASADI ANKALA REDDY, S/O. VENKATESWARA REDDY AGED 42 YEARS, OCC AGRICULTURE, R/O. 3-11, OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY. ITS SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. DISTRICT COLLECTOR, PANCHAYAT WING, BAPATLA DISTRICT AT BAPATLA, ERSTWHILE PRAKASAM DISTRICT. HAYAT OFFICER, BAPATLA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. DIVISIONAL PANCHAYAT OFFICER, CHIRALA DIVISION, CHIRALA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. MANDAL PARISHAD DEVELOPMENT OFFICER, CHIRALA MANDAL, CHIRALA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY,THE SIXTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ASADI ANKALA REDDY, S/O. VENKATESWARA REDDY AGED 42 11, OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY. ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL - DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, DISTRICT COLLECTOR, PANCHAYAT WING, BAPATLA DISTRICT HAYAT OFFICER, BAPATLA, BAPATLA DISTRICT, DIVISIONAL PANCHAYAT OFFICER, CHIRALA DIVISION, CHIRALA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. MANDAL PARISHAD DEVELOPMENT OFFICER, CHIRALA DISTRICT, ERSTWHILE PRAKASAM RC,J W.P.No.4709 of 2023 2 6. THE TAHSILDAR, -CHIRALA MANDAL, CHIRALA, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 7. CHIRALA NAGAR GRAMA PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYAT SECRETARY, CHIRALA NAGAR VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 8. BOTTEPALLI POTHURAJU, S/O. VENKATA-SW LU AGED 48 YEARS, OCC CARPENTER R/O BEHIND CHENNAKESAVA SWAMY TEMPLE OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 9. GALABA SRINIVASA RAO, S/O ANKAMMA AGED 52 YEARS OCC POSTMAN, R/O. NEAR CHENNAKESAVA SWAMY TEMPLE OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 10. BOLLEPALLY VENKATA RAO, S/O RAMAIAH AGE 51 YEARS, OCC TEACHER, R/O. OPP HASTINAPURAM LORRY KATA SOLMAN CENTRE VILLAGE, CHIRALA MANDAL BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 11. BAKKA SUBHASH CHENDRA BOSE, S/O VEERA REDDY AGED 38 YEARS, OCC FIELD ASSISTANT NREGS R/O. BEHIND CHENNAKESAVA SWAMY TEMPLE OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 12. DEVU SRINIVASA REDDY, S/O VENKATESWARA REDDY AGED 55 YEARS, OCC AGRICULTURE, R/O. NEAR ADDANKAMMA TEMPLE, OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. RC,J W.P.No.4709 of 2023 3 13. PITTU SRINIVASA REDDY, S/O ADDANKI REDDY AGED 36 YEARS, OCC AGRICULTURE, R/O NEAR ADDANKAMMA TEMPLE, OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 14. DEVU SUBBARAMI REDDY, S/O VENKATESWARA REDDY AGED 36 YEARS, OCC AGRICULTURE, R/O NEAR ADDANKAMMA TEMPLE, OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. 15. DEVU REDDAMMA, S/O VENKATESWARA REDDY, AGED 45 YEARS, OCC AGRICULTURE, R/O. NEAR ADDANKAMMA TEMPLE OLD CHIRALA VILLAGE, CHIRALA MANDAL, BAPATLA 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 issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents 1 to 7 on my petition dt. 16.09.2022 submitted for removal of illegal structures being carried out by Respondents No 8 to 15 on Temple Land in an extent of about Ac 0.50 Cents covered by Sy. No 532/1 of Chirala Revenue Village of Chirala Mandal in Bapatla District belonged to the temples of village deities of Sri Poleramma and Addankamma as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on them under provisions of Andhra Pradesh Panchayat Raj Act, 1994 and offends Article 14 of Constitution of India and consequently direct the respondents 1 to 7 to prevent said illegal construction of Respondents No 8 to 15 by demolishing already constructed portion thereof 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 to direct the Respondents to initiate necessary action for removal of the illegal RC,J W.P.No.4709 of 2023 4 construction of Respondents 8 to 15 on the Temple Land of Ac 0.50 cents in Sy. No: 532/1 of Chirala Revenue Village of Chirala Mandal in Bapatla District, pending disposal of the main Writ Petition and pass such IA NO: 2 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 to receive the Reply affidavit on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. NAIDU SIVA RAMA KRISHNA 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. SIVA SANKARA RAO BORRA The Court made the following: ORDER This writ petition has been filed alleging inaction on the part of respondent nos.1 to 7 in not removing illegal structures being carried out by respondent nos.8 to 15 on temple land in an extent of Ac.0-50 cents situated RC,J W.P.No.4709 of 2023 5 in Survey No.532/1 of Chirala Revenue Village & Mandal, Bapatla District, despite representation submitted by the petitioner on 16.09.2022. 2. Heard Smt. Nimmagadda Revathi, learned counsel for petitioner, Ms.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Venkata Satyanaraya, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Grampanchayat. 3. Smt. Nimmagadda Revathi, learned counsel for the petitioner, in elaboration to the contents of the writ affidavit would contend that on the request made by village elders, the respondent no.7-Gram Panchayat allotted Ac.0-50 cents of land for constructions of Poleramma and Addankamma temples and thereafter the unofficial respondent nos.8 to 15, encroached substantial part of the said Ac.0-50 cents and despite representation submitted by petitioner, the respondent no.-7-Grampanchayat, though duty bound, it not taking any action. Accordingly, prayed to allow the writ petition. 4. Perused the material available on record and considered the submissions made by learned counsel for the parties. RC,J W.P.No.4709 of 2023 6 5. When the land was allotted for construction/renovation of temples, it is for the temples to protect the land from being encroached by approaching the appropriate authorities and seek redressal of their grievance. Since Grampanchayat has no role to play after allotment of land, this writ petition is liable to be dismissed being meritless. 6. Accordingly, this writ petition is dismissed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI RR