APHC010690092018 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX [3459] PRESENT THE HON'BLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION No.33207 OF 2018 Between: 1. D.JAYA CHANDRA REDDY, S/O. LATE KANNA REDDY, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, DOOR.NO.6/29, BUDILIVANDLAPALLI, GORANTLA MANDAL, ANANTHAPURAM DISTRICT. 2. D.KRUPAVATHI, W/O. D.JAYA CHANDRA REDDY, AGED ABOUT 50 YEARS, OCC. HOUSE WIFE, DOOR.NO.6/29, BUDILIVANDLAPALLI, GORANTLA MANDAL, ANANTHAPURAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS., PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPURAM, ANANTHAPURAM DISRICT. 3. THE REVENUE DIVISION OFFICER, HINDUPUR REVENUE DIVISIONAL, HINDUPUR, ANANTHAPURAM DISTRICT. 4. THE TAHSIDHAR, GORANTLA MANDAL, ANANTHAPURAM DISTRICT. 5. THE STATION HOUSE OFFICER, GORANTLA POLICE STATION, GORANTLA MANDAL, ANANTHAPURAM DISTRICT. 6. THE AKILA BARATHI YADHAV SOCIETY, GORANTLA 2 VILLAGE AND MANDAL, ANANTHAPURAM DISTRICT REP BY ITS., PRESIDENT LAKSHMI NARASAPPA. ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.2 to 5 in taking action against the illegal encroachment of the Chitravathi River and Construction of a Temple adjacent to the land in an extent of Ac.0.40 1/2 cents in Sy.No.301-1 of Gorantla Village Field, Gorantla Mandal, Ananthapuram District, belong to us, as arbitrary, illegal, abduction of the statutory duty cost on them and violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution India and consequently direct the respondents No.2 to 5 to remove the illegal encroachments in Chitravathi River, Gorantla village and Mandal, Ananthapuram District IA NO: 1 OF 2018 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 consider the representation, dated 05-08-2018 and stop the ongoing constructions in Chitravthi River, Gorantal Village and Mandal, Ananthapuram District, pending disposal of the above Writ Petition. Counsel for the Petitioner(S): 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. P NARASIMHULU The Court made the following 3 ORDER: This Court having heard the arguments of learned counsel for the petitioners, learned Assistant Government Pleader for Revenue and Sri P. Narasimhulu, learned counsel for the respondent No.6, and having examined the available record proceeds as follows: 2. The petitioners’ primarily seek to remove the illegal encroachment upon the Chitravathi river and to prevent the construction of a temple on a land measuring approximately Ac.0.40½ cents in Sy.No.301-1 of Gorantla Village Field, Gorantla Mandal, Ananthapuram District. 3. In the counter-affidavit filed by the 4th respondent, it is stated that the 6th respondent and his associates attended on inquiry before the 4th respondent – Tahsildar and provided statement affirming they would not construct a temple on the government poramboke land. Furthermore, the respondents have installed a warning sign on the Chitravathi riverbed in Sy.No.275, explicitly indicating that the land belongs to the government must not be encroached upon. 4. Despite being granted sufficient time, no counter-affidavit has been filed on behalf of the un-official respondent. 5. After careful reviewing of the counter-affidavit and considering the arguments of counsel for the parties, this Court deems it appropriate to dispose of the Writ Petition with the direction that the sixth respondent – society shall refrain from constructing any temple 4 on the land adjacent to the Chitravathi riverbed, measuring approximately Ac.0.40½ cents in Sy.No.301-1 of Gorantla Village Field, Gorantla Mandal, Ananthapuram District. If the sixth respondent proceeds with any construction, the respondents are entitled to take appropriate action, in accordance with law. 6. Accordingly, with the above direction, the Writ Petition is disposed of. No order as to costs. Consequently, Miscellaneous Applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date:17.02.2026 DSH