APHC010714052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 68/2026 Between: 1. SRI DASANJANEYASWAMY DEVASTHANAM, THOTAMULA, 3- 106/THOTAMULA/PEDDHAKOMERRA/ GAMPALAGUDEM, NTR DISTRICT, ANDHRA PRADESH., REP. BY ITS SECRETARY, BURUGU NARAYANA, S/O RAMULU, AGED ABOUT 48 YEARS, R/O. D. NO. 4-65, PEDAKOMIRA, GAMPALAGUDEM MANDAL. ...PETITIONER AND 1. THE STATE OF AP, REPRESENT BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 522237. 2. THE DEPUTY EXECUTIVE ENGINEER, ROADS AND BUILDINGS, THIRUVURU - 521235. 3. THE TAHSILDAR, GAMPALAGUDEM - 521403. THE DISTRICT PANCHAYAT OFFICER, NTR DISTRICT AT VIJAYAWADA - 5200011. 4. THE GRAM PANCHAYAT, REP. BY ITS SECRETARY, PEDDHAKOMERRA, GAMPALAGUDEM MANDAL, NTR DISTRICT - 521403 ...RESPONDENT(S): 2 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 order/orders (or) direction, more particularly one in the nature of WRIT of mandamus declaring the impugned notice dated 06.11.2025 as illegal, arbitrary, biased, unconstitutional against the principles of natural justice, violative of petitioner rights guaranteed under Articles 25 to 28 of the Constitution of India 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 permit the petitioner to proceed with the construction of the new temple in its own land i.e., 50 sq. yards, bounded on east by R&B Road, west bounded by shops of villagers, north bounded by R&B Road and south bounded by elementary school, by suspending the notice/order dated 06.11.2025 issued by Secretary Gram Panchayat, Peddhakomerra, Gampalagudem Mandal, NTR district, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. D S N V PRASAD BABU Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ORDER: To declare the action of the 5th respondent in issuing the impugned notice dated 06.11.2025, as illegal and arbitrary, the present writ petition is filed. 2. Heard Sri D.S.N.V.Prasad Babu, learned counsel for the petitioner, Sri Yarraguntla Koteswara Rao, learned Standing Counsel for Gram Panchayat and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Learned counsel for the petitioner while reiterating the contents of the affidavit contended that there is a temple in occupation of 84 Sq. yards site and by virtue of rise of roads, the villagers decided to construct a new temple in higher height and laid foundation on 07.11.2025 as per Hindu Agama and accordingly procured construction material. While so, on 07.11.2025, the Panchayat Secretary of the 5th respondent Gram Panchayat issued a notice dated 06.11.2025 to the petitioner Devasthanam informing that the subject place belongs to the Roads & Buildings Department and the proposed construction is objectionable and directed to stop the construction. He further submitted that though it is styled as notice, virtually a direction has been given to the petitioner to stop the construction. In fact even according to the respondent authorities, the subject temple is in existence since 1970, as such, if the said notice is allowed to subsist, it not only affects the rights of the 4 petitioner but also the villager as the construction of temple will be stalled, as such, prayed to pass appropriate orders. 4. On the other hand, learned Standing Counsel for Gram Panchayat submitted that the petitioner is laying foundation in the land belonging to the R&B department that too without permission, as such, the said notice has been issued. The petitioner has not made out any case. He further submitted that notice cannot be questioned under writ jurisdiction, as such, prayed to dismiss the writ petition being devoid of merits. 5. Perused the record and considered the submissions made by the learned counsel for the parties. 6. The petitioner is claiming title to the subject property by adverse possession. It is admitted fact even according to the petitioner they are laying foundation for construction of new temple on the higher height. However, there is no material placed on record to show that the petitioner has obtained permission from the concerned department for construction of temple. However, this Court is not inclined to go into those aspects. There is some force in the contention of the learned counsel for the petitioner that though the notice impugned dated 06.11.2025 is styled as notice, virtually a direction has been given. A perusal of the impugned notice clearly indicate that a show cause notice inviting explanation from the petitioner was not issued, instead a direction was given to stop the 5 construction. As such, to meet the ends of justice, this Court is inclined to dispose of the writ petition by passing the following order: “The impugned notice dated 06.11.2025 shall be treated as show cause notice and the petitioner shall submit explanation with all supporting documents in support of their claim within a period of two (02) weeks from the date of receipt of a copy of this order. On submission of such explanation, the concerned Gram Panchayat shall provide an opportunity of being heard by issuing proper notice fixing time and date and pursuantly to pass reasoned order in accordance with law. Such exercise shall be completed within a period of six (06) weeks thereafter. Till then, the petitioner shall not make any constructions.” 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 08th January, 2026 RKS