APHC010012802026 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 826/2026 Between: 1. MUDUNURI VENKATA SITA RAMA RAJU,, S/O. VENKATA KRISHNAM RAJU, AGED 72 YEARS, CULTIVATION, R/O. D.NO.2 153, KALIGOTLA (V), UNDI (M) WEST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR (D). 2. SRI BHIMESWARA SWAMY TEMPLE, KALIGOTIA VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT, REPRESENTED BY ITS EXECUTIVE OFFICER. Petition under Article 226 of the Co circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to Issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring that the highhanded a Respondent-Temple in trying to erect Iron fence with poles by occupying Petitioners site of Ac.00-03 cents in old S.No.39 and new LP No.80, adjacent to north east comer of 2nd Respondent Temple compound wall bounded by East Petitioners land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla (V) and Undi (M), West Godavari (D) is not only without notice and jurisdiction, illegal, arbitrary, unjust, violative of Article 14, 21 and 300 from fundamental rights guaranteed under the Constitution consequently directing the 2nd Respondent not to interfere with the peaceful possession and enjoyment of the Petitioners site of Ac.00 new LP No.80, adjacent to north east corner of 2nd Respondent Temple compound wall bounded by East Petitioners land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla (V) and Undi (M), West Godavari ( Petition 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 pleased to directing the 2nd Respond possession and enjoyment of the Petitioners site of Ac.00 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 826/2026 MUDUNURI VENKATA SITA RAMA RAJU,, S/O. VENKATA KRISHNAM RAJU, AGED 72 YEARS, CULTIVATION, R/O. D.NO.2 153, KALIGOTLA (V), UNDI (M) WEST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL ENDOWMENTS DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR (D). SRI BHIMESWARA SWAMY TEMPLE, KALIGOTIA VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT, REPRESENTED BY ITS EXECUTIVE OFFICER. ...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 of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring that the highhanded a Temple in trying to erect Iron fence with poles by occupying 03 cents in old S.No.39 and new LP No.80, adjacent to north east comer of 2nd Respondent Temple compound wall bounded by land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla (V) and Undi (M), West Godavari (D) is not only without notice and jurisdiction, illegal, arbitrary, unjust, violative of Article 14, 21 and 300-A of the Constitution of India, apart from fundamental rights guaranteed under the Constitution consequently directing the 2nd Respondent not to interfere with the peaceful possession and enjoyment of the Petitioners site of Ac.00-03 cents in old S.No.39 new LP No.80, adjacent to north east corner of 2nd Respondent Temple compound wall bounded by East Petitioners land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla (V) and Undi (M), West Godavari (D). pending disposal of the above Writ 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 directing the 2nd Respondent not to interfere with the peaceful possession and enjoyment of the Petitioners site of Ac.00- IN THE HIGH COURT OF ANDHRA PRADESH [3457] WEDNESDAY,THE SEVENTH DAY OF JANUARY THE HONOURABLE SRI JUSTICE HARINATH.N MUDUNURI VENKATA SITA RAMA RAJU,, S/O. VENKATA KRISHNAM RAJU, AGED 72 YEARS, CULTIVATION, R/O. D.NO.2- 153, KALIGOTLA (V), UNDI (M) WEST GODAVARI DISTRICT. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL ENDOWMENTS DEPARTMENT SECRETARIAT SRI BHIMESWARA SWAMY TEMPLE, KALIGOTIA VILLAGE, UNDI MANDAL, WEST GODAVARI DISTRICT, REPRESENTED BY ITS ...RESPONDENT(S): nstitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to Issue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring that the highhanded action of the 2nd Temple in trying to erect Iron fence with poles by occupying 03 cents in old S.No.39 and new LP No.80, adjacent to north east comer of 2nd Respondent Temple compound wall bounded by land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla (V) and Undi (M), West Godavari (D) is not only without notice and jurisdiction, illegal, arbitrary, the Constitution of India, apart from fundamental rights guaranteed under the Constitution consequently directing the 2nd Respondent not to interfere with the peaceful possession 03 cents in old S.No.39 and new LP No.80, adjacent to north east corner of 2nd Respondent Temple compound wall bounded by East Petitioners land South Panchayat Office West Temple Compound Wall and North Petitioners land, situated at Kaligotla D). pending disposal of the above Writ 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 ent not to interfere with the peaceful 03 cents in old 2 S.No.39 and new LP No.80, adjacent to north east comer of 2nd Respondent Temple compound wall bounded by East; Petitioners land; South; Panchayat Office; West; Temple Compound Wall & North; Petitioners land, situated at Kaligotia (V) & Undi (M), West Godavari (D), pending disposal of the above Writ Petition Counsel for the Petitioner: 1. K K DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR ENDOWMENTS The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.826 of 2026 ORDER : 1. The petitioner is aggrieved by the proposed action of the respondent No.2 in trying to erect a fence and poles by occupying the petitioner’s site admeasuring Ac.0.03 cents in S.No.39 and new LP.No.80. 2. It is submitted that the petitioner’s forefathers were landlords and had donated an extent of 96 square yards for Panchayat Office in the year 1973. The petitioner’s property is adjacent to the 2nd respondent-temple compound wall, and the temple authorities now intend to erect fence in the said extent of Ac.0.03 cents. It is further submitted that any action by the 2nd respondent would deny the ingress and egress of the petitioner. 3. The learned standing counsel appearing for the 2nd respondent-temple submits that the 2nd respondent shall follow the due process of law by issuing appropriate notice to the petitioner before taking any action with respect to the property of petitioner. 4. Accordingly, the writ petition is disposed off at the admission stage, making it clear that the respondents shall follow the due process of law and afford an opportunity of hearing to the petitioner. Pending such consideration, the petitioner’s possession shall not be disturbed. 5. Accordingly, the writ petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM 4 88 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.826 of 2026 Dated 07.01.2026 KGM