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Andhra Pradesh High Court - Amravati

Nakka Pothanachari vs The State Of Andhra Pradesh on 1 February, 2021

Author: Ninala Jayasurya

Bench: Ninala Jayasurya

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISDICTION)

MONDAY, THE FIRST DAY OF FEBRUARY,
TWO THOUSAND AND TWENTY ONE

 

:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION NO: 2182 OF 2021
Between:

Nakka Pothanachari, S/o Chinna Kanakam,
Petitioner
AND

1. The State of Andhra Pradesh, rep by its Principal Secretary to Government

Revenue Department, Tulluru, Secretariat Buildings Velagapudi, Krishna District

The District Collector, East Godavari District Kakinada

The Tahsildar, Gandepalli (Village and Mandal) East Godavari District

The Mandal Development Officer, Gandepalli (Mandal) East Godavari District

The Panchayat Secretary, Gandepalli Village and Mandal East Godavari District

The Divisional Engineer, (Panchayat Raj), Gandepalli (Village and Mandal) East

Godavari District

7. Sri Madipatla Ramakrishna Chowdhary, Civil Contractor R/o Gandepalli (Village
and Mandal) East Godavari District.

OAnARWN

Respondents

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 more in the nature of Writ of Mandamus declaring the action of
the Respondents 2 to 5 in undertaking the construction of Gram Sachivalayam in an
extent of Ac.O-07 cents forming part of Survey No. 233 of Gandepalli (Village and
Mandal), East Godavari District, Andhra Pradesh which is falling on the eastern side of
Sivalayam at the hands of the 7". Respondent under the active supervision of the 6th
Respondent, ignoring the fact that no construction should be undertaken on the eastern
side of the religious place against to the Hindu traditions since the said land is
earmarked exclusively for conducting Havanam and other religious activities, resulting
burden to the exchequer as being arbitrary, illegal and in violation of Articles 14, 16 and
 of the Constitution of India and also against the sentiments of community besides
being in contravention of the Revenue and Panchayat Laws and consequently direct the
Respondents 2 to 6 to forthwith stop any construction activity undertake the construction
of Gram Sachivalayam in an extent of Ac.0-07 cents forming part of survey No. 233 of
Gandepalli (Village & Mandal), East Godavari District, Andhra Pradesh by the 7
Respondent.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in W.P., the High Court may be pleased to direct the respondents 2
to 6 to forthwith stop the construction activity undertaken for the construction of gram
sachivalayam,in an extent of Ac. 0.07 cents forming part of survey no. 233 of Gandepalli
(village and ndal) East Godavari District, Andhra Pradesh by the 7th respondent,
Pending disposal of WP 2182 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed herein and upon hearing the arguments of Sri M. Vijay, Advocate for the Petitioner,
and GP for Revenue for Respondent Nos 1 to 4, and Sri |. Koti Reddy, Standing
Counsel for Respondent No.5, the Court made the following
 

 

wo

~ ORDER:

Heard the learned counsel for the petitioner, the learned
Assistant Government Pleader for Revenue and Mr. I. Koti Reddy,
learned counsel appearing for respondent No.5.

Learned counsel for the petitioner is permitted take out notice
to the 7 respondent-contractor through R.P.A.D and file proof of
service in the Registry within ten (10) days.

The grievance of the petitioner in the present Writ Petition is
that the construction of the Gram Sachivalayam has been
undertaken in survey No.233 of Gandepalli Village contrary to the
resolution of the Gram Panchayat dated 29.04.2020.

Learned counsel for the petitioner submits that earlier the
Gram Panchayat passed a resolution dated 29.11.2019 proposing to
construct the Grama Sachivalayam in survey No.233. However, on
opposition from the villagers, in taking up construction adjacent to
temple, the same was dropped and thereafter another resolution
was passed on 29.04.2020 proposing to construct a Grama
Sachivalayam in survey No.252 of the said village.

Learned counsel also submits that the 3° respondent
addressed a detailed communication dated 11.01.2021 to the 2™
respondent explaining the details with regard to the vacant sites
available in the village and the matter is under consideration by the
2"? respondent. He further submits that contrary to the subsequent
resolution dated 29.04.2020, the construction of Sachivalam is taken
up in survey No.233.

The Learned Standing Counsel however submits that the
construction is already in progress and the same would not cause
inconvenience to the devotees or to the activities of the temple.

Perusing the said resolutions and considering the submission of
the learned counsel for the petitioner, there shall be an interim
direction to maintain Status Quo with regard to the construction of
Sachivalayam in survey No.233 fora period of ten (10) days.

SD/-G Srinivas Redcy
ASSISTANT REGISTR:

IITRUE COPY//

For ASSISTANT REGISTRAR

 
 
 

 

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The Principal Secretary to Government, Revenue Department, State of A-P.,
Tulluru, Secretariat Buildings Velagapudi, Krishna District

The District Collector, East Godavari District Kakinada

The Tahsildar, Gandepalli (Village and Mandal) East Godavari District

The Mandal Development Officer, Gandepalli (Mandal) East Godavari District
The Panchayat Secretary, Gandepalli Village and Mandal East Godavari District
The Divisional Engineer, (Panchayat Raj), Gandepalli (Village and Mandal) East
Godavari District

Sri Madipatla Ramakrishna Chowdhary, Civil Contractor R/o Gandepalii (Village
and Mandal) East Godavari District.(Addressee Nos 1 to 7 by RPAD)

Two CCs to GP for Revenue, High Court of A.P., at Amaravati (OUT)

One CC to Sri |. Koti Reddy, Standing Counsel (OPUC)

10.One CC to Sri M. $Nijay, Advocate (OPUC)
11.One spare copy

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HIGH COURT
NIS,J

DATED:01/02/2021

NOTE: List this matter on 10.02.2021 in the Motion List.

ORDER

STATUS QUO