APHC010534682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27658/2025 Between: 1. CHITTIPOTHULA SRINIVASA RAO, S/O VENKAIAH, AGE 54 YEARS, R/O D.NO.5-105, ANANTHAVARAM (R) THULLURU MANDAL, GUNTUR DISTRICT. 2. NALGONDA SIVA SANKAR, S/O SUBBARAO, AGE 47 YEARS, R/O. 5-1444, ST COLONY, NEAR VENKATESWARA SWAMY ARCH, ANANTHAVARAM VILLAGE, THULLURU MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT. 4. THE ANANTHAVARAM GRAM PANCHAYAT, ANANTHAVARAM VILLAGE, THULLURU MANDAL GUNTUR 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 or order or direction more particularly one in 2 the nature Writ of Mandamus declaring the action of the Respondents in failing to stop the unauthorized construction of alleged and failing to remove the illegal encroachments in Sy.No.39/2 of Ananthavaram Village, Thullur Mandal, Guntur District, which is a classified as Porambok land and used as a common site and a shelter for the villagers as illegal, arbitrary, high-handed and violative of principles of natural justice and violative of Articles 14, 21 and 300A Constitution of India and consequently to direct the Respondents to immediately stop construction of any temple in Sy.No.39/2 of Ananthavaram Villcige, Thullur Mandal, Guntur District forthwith to restore it as common site and shelter and pass. 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 Respondent No.2 to stop any unauthorised and illegal construction of temple in common shelter in Sy.No.39/2 of Ananthavaram Village, Thullur Mandal, Guntur District and pass. Counsel for the Petitioner(S): 1. ARUN SHOWRI G Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27658/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in failing to stop the unauthorized construction of alleged and failing to remove the illegal encroachments in Sy.No.39/2 of Ananthavaram Village, Thullur Mandal, Guntur District, which is classified as Porambok land and used as a common site and a shelter for the villagers as illegal, arbitrary, high-handed and violative of principles of natural justice and violative of Articles 14, 21 and 300-A of Constitution of India and consequently to direct the respondents to immediately stop construction of any temple in Sy.No.39/2 of Ananthavaram Village, Thullur Mandal, Guntur District forthwith to restore it as common site and shelter and pass such other order.” 2. Heard learned counsel for the petitioners, learned Government Pleader for respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4. 3. Learned counsel for the petitioners submits that some of the villagers who are claiming as devotees are offering prayers to the temple besides the subject general waiting shelter at the common site at Sy.No.39/2, Ananthavaram Village, Thullur Mandal, Guntur District, are converting the existing shelter as a temple, without there being any permission or approval either from the Gram Panchayat or from the concerned authority, by way of encroaching the same. 4 4. Learned counsel for the petitioners submits that the petitioners also submitted a representation on 22.09.2025 to respondent Nos.2 to 4 herein bringing to their notice that the unauthorized conversion of shelter into a temple without any valid permission, the same cannot be permitted. Even after receipt of the representation, so far no action was initiated by the respondents. Hence, Writ Petition. 5. On the other hand, learned Standing Counsel for respondent No.4 furnished written instructions dated 07.10.2025, wherein it is stated as follows: “It is submitted that the petitioner filed the above Writ Petition to stop the unauthorized construction of alleged and filing to remove the illegal encroachments in the Sy.No.39/2 of Ananthavaram, Thulluru Mandal, Guntur District which is classified as Poramboke land and used as a common site and a shelter for the villager. It is further humbly submitted that this Gram Panchayat requested through a letter to the Village Surveyor, Ananthavaram, to conduct a survey in the above said Sy.No.39/2 on dated 29.09.2025. Basing on the Survey report this Gram Panchayat will issue notice and take steps for removal of the encroachments as per G.O.Ms.No.188, dated 21.07.2011 by following the due process of law.” 6. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is an 5 admitted fact that the subject shelter is in existence since decades catering the needs of the villagers and who came from other villages, which was constructed in Sy.No.39/2 i.e., Government poramboke land at the 4th respondent/Gram Panchayat and the same has been utilizing by the people as shelter who are coming to offer prayers to the temple which is adjacent to the subject shelter and other general public. The contention of the learned counsel for the petitioners is that to deviate/defeat the purpose for which the shelter was constructed, now some of the villagers are trying to convert the subject shelter as temple by constructing walls by closing all sides and trying to install idols without there being any permission and contrary to the purpose for which it was constructed. The same was also admitted by respondent No.4/Gram Panchayat vide instructions dated 07.10.2025. Whereas, the 4th respondent by way of instructions clearly and categorically stated that some of the miscreants/self claimed devotees of the village are trying to convert/encroach the shelter as per their wish, the same cannot be allowed and they will be removed by following due procedure as contemplated under G.O.Ms.No.188, dated 21.07.2011, by conducting survey and demarcation, if necessary. 7. In view of the categorical submissions made by the 4th respondent, the 4th respondent is hereby directed to take appropriate action by following due process of law and keep the common 6 general shelter as it is, for the purpose for which it was constructed, in accordance with law. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.10.2025 TTPPSS 7 102 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27658/2025 09.10.2025 TTPPSS