APHC010013552026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1012/2026 Between: 1. KAKILETI SATYA GOPALAM, S/O. SWAMY NAIDU, AGED 62 YEARS, OCC. AGRICULTURE, R/O. D.NO.1-129/1, NEAR RAMALAYAM, SAMANTHAKURRU VILLAGE, ALLAVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. - 533217 2. KAKILETI CHINA SATYANARAYANA,, S/O. VENKATA RAO, AGED 65 YEARS, OCC.AGRICULTURE, R/O. D.NO.1-53/1, MAIN ROAD, SAMANTHAKURRU VILLAGE, ALLAVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. - 533217 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. – 522238 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM. – 533201 3. THE SUPERINTENDENT OF POLICE, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM.- 533201 4. THE DISTRICT PANCHAYAT OFIFCER, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM. - 533201 5. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM DIVISION, AMALAPURAM, DR.B.R.AMBEDKARKONASEEMA DISTRICT. – 2 533201 6. THE DIVISIONAL PANCHAYAT OFFICER, AMALAPURAM DIVISION, AMALAPURAM, DR.B.R.AMBEDKARKONASEEMA DISTRICT. – 533201 7. THE TAHSILDAR, ALLAVARAM MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. – 533217 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, ALLAVARAM MANDAL, DR. B. R.AMBEDKARKONASEEMA DISTRICT. – 533217 9. THE DEPUTY MANDAL PARISHAD DEVELOPMENT OFFICER, (EXTENSION OFFICER PR AND RD) ALLAVARAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT. -533217 10. THE SAMANTHAKURRU GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, SAMANTHAKURRU VILLAGE, ALLAVARAM MANDAL, DR.B.R.AMBEDKARKONASEEMA DISTRICT. -533217 11. THE CIRCLE INSPECTOR OF POLICE, AMALAPURAM RURAL CIRCLE, AMALAPURAM, DR.B.R.AMBEDKARKONASEEMA DISTRICT, - 533201 12. THE STATION HOUSE OFFICER, ALLAVARAM POLICE STATION, ALLAVARAM, DR.B.R.AMBEDKARKONASEEMA DISTRICT. - 533217 ...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 action of the respondents in interfering and obstructing construction of renovation/repairs to Godess Mysamma Thalli Temple in R.S.No.137-5 to an extent of Ac.0-03 Cents situated at Samanthakurru Village, Allavaram Mandal, Dr.B.R. Ambedkar Konaseema District, without giving any notice and without having any manner of right as illegal, arbitrary and violative of principles of natural justice as illegal, unconstitutional and violative of Art 14, 19, 21 and 25 of Constitution of India and Principles of Natural justice and consequently direct the respondent authorities not to interfere with the temple activities i.e., Godess Mysamma Thalli Temple in R.S.No.137-5 to an extent of Ac.0-03 Cents situated at 3 Samanthakurru Village, Allavaram Mandal, Dr.B.R. Ambedkar Konaseema District and pass IA NO: 1 OF 2026 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 not to interfere with the renovation activities of Goddess Mysamma Thalli Temple inR.S.No.137-5 to an extent of Ac:0-03 Cents situated at Samanthakurru Village, Allavaram Mandal, Dr.B.R. Ambedkar Konaseema District including performing Pujas and Jatara of all religious festivals/functions and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri V.Satyanaryana, learned counsel representing Sri Rambabu Koppineedi, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1, 4 and 6, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2, 5 and 7, learned Assistant Government Pleader for Home for the respondents 3, 11 and 12 and Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 8 to 10. 4 2. The above writ petition was filed to declare the action of the respondents in interfering and obstructing the renovation/repair works to Goddess Mysamma Thalli Temple in R.S.No.137-5 to an extent of Ac.0.03 cents situated at Samanthakurru Village, Allavaram Mandal, Dr. B.R.Ambedkar Konaseema District, without issuing any notice, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that the petitioners are residents of Samanthakurru Village. Goddess Mysamma Thalli Temple, located in the village, is an ancient temple, constructed about four hundred years ago. The villagers have been celebrating Dussehra and other festivals and performing Jatara during Sankranthi. An electricity connection has also been provided to the temple. Taking advantage of the description of land in the revenue records as Grama Kantam, some third parties encroached upon the temple land and constructed residential houses. The temple land is stated in an extent of Ac.0.03 cents. As the temple is in a dilapidated condition, all the villagers formed a committee and decided to construct a new temple. The renovation/repair works to the temple were commenced on 29.12.2025. The respondents 6 to 10, along with their staff, came to the temple and stopped the construction and hence filed the above writ petition. 4. The writ petition was initially listed on 08.01.2026. Thereafter, the writ petition was listed on 21.01.2026. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 8 to 10, on instructions, would submit that the Panchayat Secretary is not interfering 5 with the renovation works of the temple. Thereafter, the writ petition was listed to 28.01.2026. Sri Sanjeev Rao, learned Assistant Government Pleader for Revenue, on instructions, would submit that the authorities intend to conduct a survey. Recording the said submission, the writ petition was adjourned. 5. Today, when the matter is taken up for consideration, Ms. Usha, learned Assistant Government Pleader for Revenue, submitted written instructions of the Tahsildar, Allavaram, along with a sketch. 6. As seen from the instructions, the Tahsildar, along with the Mandal Surveyor, Allavaram, inspected the subject land in Sy.No.137-5, Samantakurru Village and surveyed the presence of the petitioners and others. As per the FMB (Field Measurement Book), Mysamma Thalli Temple was recorded; however, no specific extent is mentioned. The temple structure, along with the vacant land, comes to Ac.0.02 cents. The report submitted by the Village Revenue Officer indicates that a Gram Panchayat road abuts the temple. No unauthorised constructions have been undertaken on the temple land. Neither a compound wall has been constructed nor any development activity undertaken. The respondents are not obstructing the renovation and construction works. The instructions are placed on record. 7. In view of the above, there is no dispute regarding the existence of Mysamma Thalli Temple in an extent of Ac.0.02 cents in Sy.No.137-5 of Samantakurru Village. The authorities are not interfering with the renovation work of the temple. 6 8. Given the facts and circumstances of the case, the writ petition is disposed of at the state of admission, with the consent of all the learned counsel, directing the respondents 7 to 10 not to interfere with the renovation of the temple, without following due process of law. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 11.02.2026 SNI 7 147 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 1012 OF 2026 Date: 11.02.2026 SNI