APHC010071612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4150/2026 Between: 1. ANJANEYA KUMAR DUDI, S/O. CHELLAYYA, AGED ABOUT 50 YEARS,EX-SERVICEMEN-INDIAN ARMY, R/O. D.NO.2-4, RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, A.P. SECRETARIAT, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238. 2. THE DISTRICT COLLECTOR, BHIMAVARAM, WEST GODAVARI DISTRICT-523201. 3. THE DISTRICT PANCHAYAT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT-534201. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT-524207. 5. THE RAYAKUDURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL WEST GODAVARI DISTRICT-524207. 6. UPPULA SRINIVAS, S/O RAMA KRISHNA, AGED ABOUT 45 YEARS, R/O. RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL, WEST 2 GODAVARI DISTRICT-524207. 7. AVALA SRINIVASARAO, S/O PEDDIRAJU, AGED ABOUT 50 YEARS, R/O. RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL WEST GODAVARI DISTRICT-524207. 8. BOORA SHANKARA RAO, S/O. LATE APPALA SWAMI AGED ABOUT 47 YEARS, R/O. RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT-524207. 9. KONDRU SIMHADRI, S/O. RAMBABU, AGED ABOUT 49 YEARS, R/O. RAYAKUDURU VILLAGE, VEERAVASARAM MANDAL WEST GODAVARI DISTRICT-524207. ...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 respondents 1 to 5 in not taking action against respondents 6 to 9, who are constructing the Ganesh Temple in front of petitioner's house and shopping complex on encroached land situated near Door No. 2-93 in R.S. No. 295/1 of Rayakuduru Village, Veeravasaram Mandal, West Godavari District, without obtaining any approvals or permissions from the competent authorities, which is illegal, irregular, arbitrary. Unjust, Un constitutional, against to the guidelines issued under G.O.Ms.No.376 dated 29-11-2012 of Panchayat Raj and Rural Development, further contrary to the Judgments of Apex Court as well as this Hon'ble Court and in violation of Articles 19, 21 and 300-A of Constitution of India, consequently direct the respondents forthwith stop the illegal construction of the Ganesh Temple, which is being carried out on encroached land in front of petitioner's house and shopping complex near Door No.2-93 and 2-76/2 in R.S No.295/1 of in Rayakuduru Village, Veeravasaram Mandal, West Godavari and to 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 to consider the Petitioner’s Representation dated 07- 02-2026 by directing the Respondents to stop the construction of Ganesh Temple in front of petitioner’s house and shopping complex on encroached land situated near Door No.2-93 & 2- 76/2 in R.S No.295/1 of Rayakuduru 3 Village, Veeravasaram Mandal, West Godavari District pending disposal of Writ Petition and pass Counsel for the Petitioner: 1. BODA SATYA NAGA MANJEET Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. K L N SWAMY The Court made the following: :: ORDER :: Heard Sri B.S.N.Manjeet, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 3, Smt. Sayamma, learned Assistant Government Pleader for Revenue for the 2nd respondent, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5 and Sri K.L.N.Swamy, learned counsel for the respondents 6 to 9. 2. The above writ petition was filed to declare the inaction of the respondents 1 to 5 in initiating action against the respondents 6 to 9 in constructing a temple in front of the petitioner’s house and shopping complex by encroaching the land at Door No.2-93 in R.S.No.295/1 of Rayakuduru Village, Veeravasaram Mandal, West Godavari District, without obtaining permission, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner is the absolute owner of the house and shopping complex bearing Door No.2-93 in 4 R.S.No.295/1 of Rayakuduru Village. The petitioner got the property by way of a registered partition deed bearing Document No.1826 of 2006 dated 31.08.2006. After obtaining the permission, the petitioner constructed the structure referred to supra. The respondents 6 to 9, without obtaining permission from the 2nd respondent, are constructing a temple by expanding the existing old temple situated in front of the petitioner’s structure. The petitioner made a representation (Ex.P1) to the 5th respondent. However, the 5th respondent failed to act upon the representation. 4. The writ petition was listed on 12.02.2026 and adjourned to 16.02.2026. On 16.02.2026, this Court directed the learned Tahsildar, Veeravasaram Mandal, West Godavari District, to act upon the request made by the Panchayat Secretary of the 5th respondent vide ROC No.9/2026 dated 13.02.2026, concerning the conducting of a survey. Thereafter, the writ petition was listed on 02.03.2026. The learned Assistant Government Pleader for Revenue submitted the report of the Tahsildar. As seen from the report of the Tahsildar, during the survey, the authority found that 21 encroachments were made in R.S.No.254, which is classified as G.P.road. 5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel for the respondents 4 and 5, on instructions of the Panchayat Secretary of the 5th respondent, would submit that the authority will set the law into motion by issuing notices to all the concerned by following the due procedure. It was further submitted that, concerning the construction 5 undertaken by the respondents 6 to 9, no permission was obtained from the 2nd respondent. 6. As per Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002, no site shall be used for the construction of a building intended for public purpose or religious purpose without prior permission from the District Collector of the concerned District. 7. In the case at hand, as pointed out supra, no permission was obtained by the respondents 6 to 9 for the construction of the religious structure. 8. Given the facts and circumstances of the case, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, directing the Panchayat Secretary of the 5th respondent to ensure no further construction of the temple without getting permission from the 2nd respondent at Door No.2-93 in R.S.No.295/1 of Rayakuduru Village, Veeravasaram Mandal, West Godavari District. The respondents 6 to 9 also shall not make any constructions without obtaining permission from the 2nd respondent. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 09.03.2026 SNI 6 90 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 4150 OF 2026 Date: 09.03.2026 SNI