APHC010058312025 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: 3016/2025 Between: Sri Om Seetharama Bala Venkateswara Swamy Devasthanam and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. V VEERANJANEYULU 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: “…..to issue an appropriate writ more in the nature of Writ of Mandamus declaring the Notice vide No.01/2025, dated 02.02.2025 affixed to the wall of the shed purportedly issued by the 5th Respondent Executive Officer, whereby and where under the authorities have threatened to remove the construction material dumped in the shed existing in the adjacent plot where “Sri Shivalayam” exits and further demanding to remove the same within a couple of days 2 failing which, stringent action will be taken by the Department including shifting the material and dismantling the shed without addressing such notice to the Committee or to any person for that matter as being not only arbitrary illegal and violative of Articles 14, 19(1)(g) and 300-A of the Constitution of India against the principles of natural justice but also in contravention of the Endowments Act and consequently set aside the same…….” 2. Brief facts of the case are that the 1st petitioner is the president of the Temple Committee and the 2nd petitioner is a philanthropic and most respectable person in the town. The 2nd petitioner came forward to develop the temple under the “Donor Scheme” and accumulated a sum of Rs.2.40 crores for the said purpose and construction work is in progress. The requisite permission has also been obtained from the Endowment authorities way back in the year 2021 vide proceedings Rc.No.Q/COE/827/2021, dated 26.10.2021 issued by the 2nd respondent. The temple was constructed and the installation of presiding deity was also complete, except compound wall and the temple pillar. The 2nd petitioner is reconstructing the temple by using stones by name “Block Granite”. There is Shivalayam existing in the Temple premises and adjacent site is being used for storing the construction material, especially block granite. A shed also been erected in the adjoining site and cutting granite is being taken place. While things stood thus, the 5th respondent issued the impugned notice vide No.1/2025, dated 02.02.2025, which was affixed to the wall of the shed, directing to vacate the temple site within two days of receipt of notice and to remove the iron sheds and the material. Aggrieved by the same, the present writ petition has been filed. 3 3. Heard Mr.D.V.Sasidhar, learned counsel representing Mr.V.Veeranjaneyulu, learned counsel for the petitioners and Mr.P.Srinivas, learned Assistant Government Pleader for Endowments, for the respondents. 4. On hearing, learned counsel for the petitioners while reiterating the contents urged in the writ petition, submits that, removing such a heavy material within a short period of two days is highly impossible and impracticable. The petitioners gave a reply to the said notice on 03.02.2025 requesting the authorities not to take any coercive steps and also explained that the material referred to in the said notice is stored in the shed erected in the vacant side of Upa Alayam, not the main temple and that it would not cause any inconvenience to the devotees or the general public. He further submits that the impugned notice states that the western side of the Sri Sivalayam Temple, where the iron sheds and material were erected should be removed for the reason that the Sri Sivalayam Temple is in dilapidated condition and the said temple was reconstructed again. The re-installation of presiding deity will be taken place on 15.02.2025 and the apprehension of the respondents is that there will be difficult and inconvenience for the devotees, who visit the temple on the occasion of “Presiding the deity” on 15.02.2025. He further submits that, despite the petitioners’ reply, the authorities are keen to remove the granite and other material from the shed and shift it to the other 4 locations. Therefore, learned counsel requests this Court to pass appropriate orders. 5. Per Contra, learned Assistant Government Pleader submits that the 5th respondent issued notice No.1/2025, dated 02.02.2025 demanding the petitioners to remove the illegally constructed temporary iron sheds along with stones kept in the site of the 5th respondent and the building material, etc., causing obstruction and inconvenience to the western side situated sivalayam which is also reconstructed recently as the functions of puna pratistata, etc., are decided to be performed on 15.02.2025 and the same are obstruction for the archakas, devotees, general public for ingress and egress, since it is completely obstructed the free passage since entire remaining site of the 5th respondent is blocked. He further submits that since puna pratista should be performed on the auspicious day that too before sivaratri i.e., 26.02.2025 and as 15.02.2025 is the auspicious day for puna pratista of sivalayamas fixed by the rituals and pundits, but the petitioners are not removing the temporary iron shed with material, etc. and the petitioners have no right to cause inconvenience to the public more particularly for puna pratista on 15.02.2025 and subsequent continuous functions which should be performed till the completion of sivaratri festival and other auspicious days. He further submits that the petitioners have occupied Ac.30.00 cents for renovating the temple, which is causing inconvenience to make arrangements for the construction of 5 the Yaga Sala construction and Dhwaja Stambham. He further submits that the petitioners are causing inconvenience for opening i.e., Puna pratista of sivalayam, which is fixed to be on 15.02.2025. Therefore, learned Assistant Government Pleader requests this Court to pass appropriate orders. 6. On considering the submissions of both the learned counsels and upon perusing the entire material on record, this Court on 05.02.2025 has directed both the parties to settle the issue amicably and further instructed them to make an understanding with regard to the encroached land of Ac.30.00 cents. In pursuant to the same, the petitioners have agreed to clear the temporary iron sheds along with stones kept in the temple premises up to Ac.15.00 cents on the western side of the temple by 11.02.2025 and will clear all the material placed in the temple premises by the petitioners of remaining Ac.15.00 cents within a period of three (03) months from today. 7. By recording the same, the writ petition is closed. No costs. 8. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ Dr. K. MANMADHA RAO, J BMS