APHC010574912024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30019/2024 Between: Smt.cherukuri Madhavi and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. G RONALD RAJU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. D V V S S N H BHUJANGA RAO 3. GP FOR HOME 4. GP FOR ENERGY 5. GP FOR REVENUE 6. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 7. V V SATISH (SC for APEPDCL) 8. GP FOR IRRI AND CAD The Court made the following order: The short grievance of the petitioners herein is non-consideration of their representation dated 30.11.2024 followed by legal notice dated 05.12.2024 submitted for removal of illegally constructed temple underneath the overhead tank located in Government Tank Poramboke in R.S.No.287/3, L.P.No.1355 notified under Section 22A(1B) of Seetharampuram South, Narasapuram Mandal, West Godavari District. 2. Heard Sri G.Ronald Raju, learned counsel for the petitioners, Sri Ratna Kumar, learned Assistant Government Pleader for Irrigation, Sri Y.Koteswara Rao, learned Standing counsel for Gram Panchayat, Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj, Sri Siva Prasad, learned Assistant Government Pleader for Revenue and Sri Bhujanga Rao, learned counsel for respondent nos.18 to 23. 3. Learned counsel for the petitioners in elaboration to what has been stated in the affidavit contended that, the petitioners are the residents of Seetharampuram South, Narasapuram Mandal, West Godavari District. He further submitted that the unofficial respondents have encroached the water tank government poramboke site admeasuring 500 Sq.yards in R.S.No.287/3, L.P.No.1355 and illegally constructed Sri Sri Sattemma Temple without obtaining any permission and they have also encroached prohibited ground portion of the overhead tank and erected the statues of God illegally and obtained electricity connection. He further submitted that, inspite of making a representation dated 31.11.2024 and issuing legal notice dated 05.12.2024 in that regard, the authorities have not acted upon. He further submitted that it would suffice for the time being, if a direction is given to the respondent authorities to take steps against the illegal constructions so made, in accordance with law. 4. On the other hand, Sri Bhujanga Rao, learned counsel for respondent nos.18 to 23 appeared in virtual mode and submitted that the said temple is in existence from so many generations and at this length of time, due to some political rivalry, the petitioners are unnecessarily raising allegations on the unofficial respondents by filing complaints, as such prayed to dismiss the writ petition. 5. Learned Assistant Government Pleader for irrigation submitted that, the present writ petition is similar to the facts of the case in W.P.No.29531 of 2022 which was dismissed by this Court observing that the authority cannot be directed to consider all kinds of representations unless the representations are statutory in nature and accordingly prayed to pass orders in the similar lines on the grounds of parity. 6. Learned Standing counsel for Gram Panchyat and learned Assistant Government Pleader for Panchayat Raj in once voice contended that, basing on the legal notice dated 05.12.2024, the Gram Panchayat has issued show cause notice dated 05.05.2025 to the unofficial respondents and having knowledge of same, the petitioners in a post haste manner have filed this writ petition, as such prayed to dismiss the writ petition. 7. Perused the record and considered the submissions of learned counsel for respective parties. 8. It is not in dispute that the subject land is classified as Government land and sub-classifed as ‘tank’ and on the bund of said tank, a temple in the name of Sri Sattemma Temple existed and the people are offering prayers. Moreover, the instructions of Gram Panchayat dated 24.11.2025 shows that basing on the legal notice dated 05.12.2024, the Gram Panchayat has issued show cause notice dated 05.05.2025 to the unofficial respondents but it was not mentioned as to what has happened after issuance of said show cause notice. The respondents cannot simply wash away their hands by issuing show cause notices and they have to take it to the logical end. In catena of cases, the Apex Court has held that the tanks have to be protected and restored to its originality. The Court is of the opinion that, the judgment relied by the learned Assistant Government Pleader for irrigation is not applicable to the facts of this case. 9. In view of the above, instead of adjudicating the matter on merits, this Court is inclined to dispose of the writ petition with the following direction: The respondent authorities concerned are directed to look into the grievance raised by the petitioners and if any illegal encroachments are found in the land classified as tank as alleged by the petitioners, they shall take steps in accordance with law as expeditiously as possible, not later than three(03) months from the date of receipt of copy of this order. Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI BRS