Andhra Pradesh High Court - Amravati
Muppaneni Ravi Kumar, vs The Union Of India on 16 September, 2025
APHC010354752022
•I IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI K- •; • t 1
(Special Original Jurisdiction) A.
X>'
■4r,. i\\ 'It I
TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
. ■ j
PRESENT
:
HONOURABLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
AND
HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WP(PIL) NO: 130 OF 2022
Between:
Muppaneni Ravi Kumar, S/o M. Venkata Narayana,
Aged about 56 years, Occ: Ex-Service Man,
R/o Door No. 13-103, Head Postoffice Bazar,
Tirupatamma 'Femple Road, Gannavaram Mandal,
Gannavaram, Krishna District, Ajidhra Pradesh-521101.
Email- [email protected]
Mobile No.9912024980 (PAN No.AOGPM3591N)
Petitioner
And
1. The Union of India
(C^'TIvs..
Represented by its Cabinet Secrertary, tdw*. , •/
VCabinet Secretariat,JNew Delhi J jjTu
R, Qa^i^- onvi-, .
UV-s/iiL 'n rep(Pi))-d ■14
2. The State of Andhra Pradesh,
Represented by the Principal Secretary
(Mines & Geology Department), Secretariat,
Velagapudi, Amaravati, Andhra Pradesh.
3. The State of Andhra Pradesh,
Represented by the Principal Secretary,
(Plndowments Department), Secretariat,
Velagapudi, Amaravati, Auidhra Pradesh.
4. The State of Andhra Pradesh,
Represented by the Principal Secretary,
(Revenue Department), Secretariat,
Velagapudi, Amaravati, Andlira Pradesh.
5. The State of Andhra Pradesh,
Represented by its Principal Secretary
Forest Department, Secretariat,
Velagapudi, Amaravati, Andhra Pradesh.
6. The Commissioner of Endowments,
Gollapudi Village, Vijayawada (Urban),
Krishna District, Andhra Pradesh.
7. The Regional Joint Commissioner (Endowments),
Rajamahendravaram, East Godavari District,
Andhra Pradesh.
;; 2
The Assistant Commissioner of Endowments,
Near Police Control Room, Governor Peta,
Vijayawada, Andhra Pradesh 520001.
9. The Executive Officer, Sri Brahmaiali Lingeswara Swamy Temple
(Cliilckavaram), Chikkavaram Village, Gannavaram Mandal,
Krishna DisUict, Andlxra Pradesh.
10. Director Mines and Geology,
Department of Mines and Geology,
Door No.7-104, B-Block, Anjaneya Towers,
5* & 6* Floors, Ibrahimpatnam,
Andhra Pradesh-521426.
11. The Deputy Director Mines and Geology
Krishna District, Door No.54-18-67/1B, LIC Colony
Vijciyawada-520008.
12. The Assistant Director Mines and Geology,
Krishna District, Plot.No.l7, Door No.54-18-63/3,
LIC Colony, Vijayawada-520008.
13. The Andhra Pradesh Pollution Control Board
Represented by its Reginal Officer, Plot No.41,
Gurunanak Road, Opp ; State Banlc of Hyderabad
Sri Kanakadurga Officer's Colony,
Vijayawada-520008.
14. The Vigilance & Enforcement Officer (Regional),
Krishna District , Veterinary Colony, Vijayawada,
Andlrra Pradesh.
15. The Dish-ict Collector, Machilipatnam,
Krishna District, Andhra Pradesh.
16. The Revenue Divisional Officer,
Gudivada Village & Mandal, Krishna District,
Andhra Pradesh.
17. The Tahsildar (Gamravaram Mandal),
Gannavaram Village & Mandal, Krishna District,
Andlira Pradesh
18. The Amaravati Metropolitan Region Development Authority,
Rep. by its Commissioner, Lenin Centre,
Governor Peta, Vijayawada -- 520002.
19. The Superintendent of Police,
Krishna District, Lalcshmi Talkies Center,
Machilipatnam, Andhra Pradesh-521001.
20. The Divisional Forest Officer, Krishna District,
Vijayawada, Pin - 520 002.
21. The Sub-Divisional Forest Officer,
Krishna District, Vijayawada- 520 002.
22. Vallabhaneni Vamsi Mohan, S/o V.Ramesh Chand
MLA., Aged about 45 years, Gannavaram, Krishna District.
Gannavaram, Krislina District-521101.
23. Anne Lakshmana Rao, S/o A.Srmivasa Rao,
Aged about 50 years, Occ; Business,
Chikkavaram Village, Gannavaram Mandal,
Krishna District.
24. Olupalli Mohana Ranga Rao, S/o O.Tata Rao
Aged about 44 years, Occ; Business, Islampeta
Gannavaram Village, Post & Mandal
Krishna District-521101.
25. Katm Seshu Kumar, S/o K.Basaveswara Rao^
Aged about 44 years, Occ; Business
Chintalapeta, Gannavaram Village,
Post & Mandal, Krishna District- 521101 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 a writ, order or direction more particularly one in the nature of
writ of mandamus to declaring the to issue a writ, order or direction, more
particularly one in the nature of Writ of Mandamus declaring the action of the
Respondents- (i) In not re-installing/replacing the idols of Sri
Brahmaiahlingeswara Swamy Temple in the existing Temple in Chikkavaram
Village and in allowing the Respondent Nos.22 to 25 to construct a new
Temple on the uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli
Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal without any
sanctioned permissions and the advice of the persons competent to render
advises in the matters relating to Rituals and Temple practices as per the
orders of this Hon'ble Court in W.P (PIL) No.188 of 2018, (ii) In not taking
steps against the illegal constructions being carried out in the name of Sri
Brahmaiahlingeswara Swamy Temple on the uphill (Kota Gattu) classified as
Tank Cheruvu in the Revenue Records of Narsingapalem Village, Agiripalli
Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal by felling down
thousands of naturally grown trees without the mandatory permissions from
the Competent Authority under the Andhra Pradesh Capital Region
Development Authority Act, 2014 (Act.No.11 of 2014), R/w the Andhra
Pradesh Building Rules, 2017, the Andhra Pradesh Agricultural Land
(Conversion for Non Agricultural purposes) Act, 2006, the Andhra Pradesh
Water, Land and Trees Act, 2002, the Andhra Pradesh Panchayat Raj Act,
1994 and prior approval from the Central Government under Section 2 of the
Forest Conservation Act, 1980, (iii) In not taking any steps against illegal
felling down of thousands of naturally grown trees by the Respondent Nos.22
to 25 on adjoining hills and the uphill (Kota Gattu) situated in Narsingapalem
Village, Agiripalli Mandal and RS.No.2 of Chikkavaram, Gannaravaram
Mandal adjacent to the Brahmalingaiah Tank and the commercial exploitation
of timber contrary to the Forest (Conservation) Act, 1980, Forest
(Conservation) Rules, 2003, the Andhra Pradesh Forest Act, 1967 and the
Vj
/ 2002, (iv) In not taking steps
^ Andhra Pradesh Water, Land and Trees Act
against the illegal mining transportation and exploitation 25
of minor mineral silt
from the bed of
and gravel carried out by the Respondent Nso.22 to
Brahmalingaiah Tank (Brahmalingaiah Cheruvu), adjoining hills an e
Tank Cheruvu in the Revenue Records in
(Kota Gattu) classified as RS.No.2 of Chikkavaram,
Narsingapalem Village, Agiripalli Mandal and
and Minerals (Development and
Gannaravaram Mand^ contrary to the Mines
Regulation) Act, 1957 Mineral Concession Rules, 1960 and the Andhra
Order dated 24.07.2018
Pradesh Mineral Dealers Rules, 2000 despite the
(PIL) No.188 of 2018. (v) In not
granted by this Hon'ble Court in Writ Petition
silt and gravel excavated from the
estimating the quantum of minor mineral hills and the uphill (Kota
bed of the Brahmalingaiah Tank and the adjoining
Gattu) situated in Narsingapalem Village Agiripalli Mandal andandRS.No.2 of
Minerals
Mandal under the Mines
Chikkavaram, Gannaravaram
(Development and Regulation) Act, 1957, Mineral Concession Rules,
and the Andhra Pradesh Mineral Dealers Rules, 2000, (vi)ln not recovering
ina and related activity including
the accumulated wealth through illegal mining
mineral fund payable to the
the seigniorage fee penalty and the district
25 under the Mines and
Respondent State from the Respondents 22 to
Mineral Concession Rules,
Minerals (Development and Regulation) Act, 1957 ion Rules, 1966, Andhra
1960, Andhra Pradesh Minor Mineral Concession
Andhra Pradesh District
Pradesh Mineral Dealer's Rules, 2000 and the gravel
Mineral Foundation Rules, 2016 in respect of the minor mineral silt and
Tank, adjoining hills and the
excavated from the bed of the Brahmalingaiah
uphill (Kota Gattu) situated inin Narsingapalem Village, Agiripalli Mandal and
Mandal, As wholly illegal, arbitrary
RS.No.2 of Chikkavaram, Gannaravaram
25 26, 48A, 49, 243X,
and unconstitutional and violative of Articles 14, 21
Part IXA of the Constitution of India and consequently direct the Respondents
to forthwith reinstall the idols in the existing Temple and remove the un
authorised constructions raised on the uphill (Kota Gattu) and take action
thousands of naturally grown trees
against the illegal mining, felling down of
and estimate the quantum of minor mineral silt and gravel excavated from the
bed of the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota
Gattu) and recover the accumulated wealth and tax/fees from the Respondent
/
Nos.22 to 25.
lA NO: 1 OF 2022
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
assess the mineral excavated by Respondent Nos.22 to 25 from the
Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu)
situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal and submit a report to this Hon'ble
Court.
lA NO: 2 OF 2022
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 Respondent Nos.22 to 25 not to carry out any construction including
in the name of the Temple on the uphill (Kota Gattu) situated in
Narsingapalem Village, Agiripalli Mandal and RS.No.2 of Chikkavaram,
Gannaravaram Mandal adjacent to the Brahmalingaiah Tank without any
sanctioned permissions from the Competent Authority and the advice of the
persons competent to render advises in the matters relating to Rituals and
Temple practices pending disposal of the above writ petition.
lA NO: 3 OF 2022
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
take immediate action against any illegal mining or excavation of soil from the
Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu)
situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal.
lA NO: 4 OF 2022
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 not to carry out any constructions adjacent to the
Brahmalingaiah Tank and on the adjoining hills and the uphill (Kota Gattu)
situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal.
IA NO . 6 OF 2022^
BETWEEN:
1. The Commissioner, Endowments Department,
A.P.,Gollapudi,Vijayawada,(Urban)KrishnaDistnct...Petitionei7 6"' Respondent
AND
1. Muppaneni Ravi Kumar, S/o M Venkata Narayana,
A<^ed about 56 years, Occ,: Ex-Service Man,
R/o Door No. 13-103, Head Post office Bazar,
Tirupatamma Temple Road, Gannavaram Mandal ,
Gannavaram Krishna District, Andhra Pradesh-521101.
.Respondent/Petitioner
2.
Repres^ented by its Cabinet Secrertary, Cabinet Secretariat New Delhi.
Represented by ehe'Vrindpatsecretary Mines and Geology
3.
Department,
Secretariat, Velagapudi, Amaravati Andhra Pradesh.
4. The State of Andhra Pradesh,
Represented by the Principal Secretary Endowments Department,
Secretariat ,Velagapudi Amaravati Andhra Pradesh.
5. The State of Andhra Pradesh,
Represented by the Principal Secretary Revenue Department
,
Secretariat ,Velagapudi /Amaravati Andhra Pradesh.
6. I'he State of Andhra Pradesh,
Represented bv its Principal Secretary, Forest Department,
Secretariat ,Velagapudi, Amaravati, Andhra Pradesh.
7. The Regional Joint Commissioner Endowments, Pradesh.
Rajamahendravaram, East Godavari ,District, Andhra
f
8. The Assistant Commissioner of Endowments,
Near Police Control Room Governor Peta,
Vijayawada ,Andhra Pradesh.
9. The Executive Officer,
Sri Brahmaiah Lingeswara Swamy Temple,
Chikkavaram Chikkavaram Village Gannavaram Mandal,
Krishna District Andhra Pradesh.
10. Director Mines and Geology,
Department of Mines and Geology Door No 7-104, B-Block,
Anjaneya Towers ,5th and 6th Floors, Ibrahimpatnam 9
Andhra Pradesh -521426.
Director Mines and Geology Krishna District.
looo^No 5V18-67/IB, Lie Colony Vijayawada-520008.
11.
12. The Assistant Director Mines and Geology,
Krishna District Plot No 17 Door No 54-18-63/3,
Lie Colony ,Vijayawada-520008.
13. The Andhra Pradesh Pollution Control Board,
Represented by its Reginal Officer Plot No 41,
Gurunanak Road ,Opp -State Bank of Hyderabad ,
Sri Kanakadurga Officers Colony Vijayawada-520008.
I
14. The Vigilance and Enforcement Officer Regional,
Kri shna District Veterinary Colony Vijayawada Andhra Pradesh.
15. The District Collector,
Machilipatnam Krishna District ,Andhra Pradesh
16. The Revenue Divisional Officer,
Gudivada Village, and Mandal ,Krishna District,Andhra Pradesh.
17. The Tahsildar,
Gannavaram Mandal,
' Gannavaram Village, and
Mandal. Krishna District Andhra Pradesh.
18. The Amaravati Metropolitan Region Development,
Authority,Rep by its Commissioner Lenin Centre,
Governor Peta ,Vijayawada - 520002.
19. The Superintendent of Police
Krishna District Lakshmi Talkies Center Machilipatnam,
Andhra Pradesh 521001.
20. The Divisional Forest Officer,
Krishna District Vijayawada Pin -520 002.
21. The SubDivisional Forest Officer,
Krishna District Vijayawada- 520 002.
22. Vallabhaneni Vamsi Mohan
S/o V Ramesh Chand MLA Aged about 45 years,
Gannavaram Krishna District Gannavaram Krishna District.521101.
23. Anne Lalcshrnana Rao,
S/o A Srinivasa Rao Aged about 50 years Occ Business,
Chikkavaram Village Gannavaram Mandal Krishna District.
_
24, Olupalli Mohana Ranga Rao,
S/o 0 .Tata Rao ,Aged ,about 44 years,
Occ; Business Islampcta Gannavaram Village Post,
and Mandal Krishna District-521.101.
25. Katru Seshu Kumar
S/o K Basaveswara Pvao Aged about 44 years Occ Business ,
Chintalapeta Gannavaram Village Post and Mandafi
Krishna District - 521101 ... Respondents/Respondents
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
vacate the stay granted on 11-10-2022 in IA.No.4 of 2022 in WP(PIL) 130 of
2022 and dismiss the main PIL as devoid of merits.
lA NO: 1 OF 2023
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
receive the counter copies on record by allowing the leave petition to the 9th
respondent to file counter.
lA NO: 2 OF
BETWEEN:
The Executive Officer.
Sn Brahmaiah Lingeswara Swamy Temple (Chikkavaram)
/
Chikkavaram Village, Gannavaram Mandal
Krishna District, Andhra Pradesh
....Petitioner/Respondent No.9
AND
1.
Muppaneni Ravi Kumar, S/o M.Venkata Naraya na.
Aged about 56 years, Occ- Ex- Service Man
R/o Door No. 13-103, Head Postoffice Bazar,'
Tirupatamma Temple Road, Gannavaram Mandal,
Gannavaram, Krishna District, Andhra Pradesh- 521101.
. Respondent/Petitioner
2.
The Union of India,
Represented by its Secretary,
Mines, Sastri Bhavan, New Delhi.
3.
The State of Andhra Pradesh,
^
Secretary (Mines and Geology Department).
Secretariat, Velagapudi, Amaravati, Andhra Pradesh,
of Andhra Pradesh, Represented by the Principal Secretary
PradeT®^ Department). Secretariat. Velagapudi, Amaravati. Andhm
5. The State of Andhra Pradesh, Represented by the Principal Secretary
(Revenue Department), Secretariat, Velagapudi, Amaravati Andhra Pradesh.
6. The State of Andhra Pradesh, Represented by its Principal Secretary Forest
% Velagapudi, Amaravati, Andhra Pradesh.
!. I he Commissioner of Endowments,
^ Gollapudi Village, Vijayawada (Urban),
Krishna District, Andhra Pradesh.
8. The Regional Joint Commissioner (Endowments),
Rajamahendravaram, East Godavari District, Andhra Pradesh.
(S)
9. The Assistant Commissioner of Endowments,
Near Police Control Room, Governor Peta,
. Vijayawada, Andhra Pradesh 520001.
10. The Director Mines and Geology,
Department of Mines and Geology,
Door No.7-104, B-Block, Anjaneya Towers,
/
5th and 6th Floors, Ibrahimpatnam, Andhra Pradesh-521426.
11. The Deputy Director, Mines and Geology,
Krishna District, Door No.54-18-67/1B,
^ Lie Colony Vijayawada-520008.
12. The Assistant Director, Mines and Geology,
Krishna District, Plot. No. 17, Door No.54-18-63/3, 0
Lie Colony, Vijayawada-520008
13.The Andhra Pradesh Pollution Control Board,
Represented by its Regional Officer, Plot No.41,
Gurunanak Road, Opp State Bank of Hyderabad,
Sri Kanaka Durga Officer's Colony, Vijayawada-520008.
14. The Vigilance and Enforcement Officer (Regional), Krishna District,
Veterinary Colony, Vijayawada, Andhra Pradesh.
15. The District Collector, Machilipatnam, Krishna District, Andhra Pradesh.
16. The Revenue Divisional Officer, Gudivada Village and Mandal, Krishna
District, Andhra Pradesh.
17. The Tahsildar, (Gannavaram Mandal), Gannavaram Village and Mandal,
Krishna District, Andhra Pradesh
18 The Amaravati Metropolitan Region Development Authority, Rep. by its
Commissioner Lenin Centre, Governor Peta, Vijayawada 520002.
19.The Superintendent of Police Krishna District, Lakshmi Talkies Center
Machilipatnam, Andhra Pradesh-521001
20. The Divisional Forest Officer, Krishna District, Vijayawada, Pin - 520 002
21. The Sub-Divisional Forest Officer, Krishna District, Vijayawada- 520 002.
22.Vallabhaneni Vamsi Mohan, S/o V.Ramesh Chand MLA.. Aged521101.
about 45 years,
Gannavaram, Krishna District, Gannavaram, Krishna District-
p
23. Anne Lakshmana Rao s/0 A. Srinivasa Rao, Aged about 50 years, Occ-
Business, Chikkavaram Village Ganbavaram Mandal, Krishna District.
' 24 Olupalll Mohana Ranga Rao, S/o O. Tata Rao Aged about « years, Ooc-
^
Business, Islampeta, Gannavaram Village, Post and Mandal, Krishna Distnct-
r
521101.
Occ-
25,KatruSeshu Kumar. S/o Gan'navaram
Business Chintalapeta, K.Basaveswara ^ Rao A^ged
District- 521101.
Respondents
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
Executive Authorities of the subject temple to proceed with the remaining
works which are under verge of completion apart of temple reconstructionon
the aspirations of villagers and in the interest of justice. It is therefore prayed
that this Hon'ble court may be pleased to vacate the stay granted on 11-10-
2022 in lA No. 4 of 2022 in WP (PIL) No. 130 of 2022 and dismiss the main pil
as devoid of merits.
Counsel for the Petitioner: SRI M. R. K. CHAKRAVARTHY
Counsel for the Respondent No.1 : SRI P. PONNA RAO, DEPUTY
SOLICITOR GENERAL OF INDIA
Counsel for the Respondent Nos.2, 10, 11 & 12 : GP FOR MINES AND
GEOLOGY
Counsel for the Respondent Nos.3, 6 & 7 : GP FOR ENDOWMENTS
Counsel for the Respondent Nos.4, 8, 15 to 17 : GP FOR REVENUE
Counsel for the Respondent Nos.5, 20 & 21 :GP FOR FORESTS
Counsel for the Respondent No.9 :SMT. PULIPATI RADHIKA,
SC FOR ENDOWMENTS
Counsel for the Respondent No.13 : SRI YELISETTI SOMARAJU
SC FOR APPCB
Counsel for the Respondent Nos.14 & 19 : GP FOR HOME
Counsel for the Respondent No.22 : SRI CHALLA AJAY KUMAR
Counsel for the Respondent No.25 : SRI CHIRANJEEVI TANIKONDA
Counsel for the Respondent Nos.23 & 24 :
Counsel for the Respondents: SRI JANRDHAN REDDY
CHINTHALAPALLY
Counsel for the Respondents: SRI P. SRI RAM
The Court made the following order:
■'tM?((PIL) 5\ (). no of2022
1
r
APHC010354752022
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3483]
(Special Original Jurisdiction)
WP(PIL) NO: 130/2022
Between:
1.MUPPANENI RAVI KUMAR,, S/0 M.VENKATA NARAYANA, AGED
ABOUT 56 YEARS, OCC- EX-SERVICE MAN, R/0 DOOR NO.13-103,
HEAD POSTOFFICE BAZAR, TIRUPATAMMA TEMPLE ROAD,
GANNAVARAM MANDAL, GANNAVARAM, KRISHNA DISTRICT,
ANDHRA PRADESH-521101. EMAIL-
[email protected] MOBILE NO.9912024980
(PAN NO.AOGPM3591N)
...PETITIONER
AND
1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY
MINES, SASTRI BHAVAN, NEW DELHI. R1 CAUSE TITLE
AMENDED/SUBTITYTED VIDE ORDERS PASSED IN lA NO.5/22 IN
WP (PIL) NO. 130/22 DT.06/12/2022
2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE
PRINCIPAL SECRETARY (MINES AND GEOLOGY DEPARTMENT),
SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.
3. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE
PRINCIPAL SECRETARY, (ENDOWMENTS DEPARTMENT),
SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH.
4. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE
PRINCIPAL SECRETARY (REVENUE DEPARTMENT)
I
^CJ 'RCJ
'WP((plL)9(o.l30 of2022
2
SECRETARIAT, VELAGAPUDl, AMARAVATI, ANDHRA PRADESH.
5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PRINCIPAL SECRETARY FOREST DEPARTMENT, SECRETARIAT,
VELAGAPUDl, AMARAVATI, ANDHRA PRADESH.
6. THE COMMISSIONER OF^ endowments, gollapudi village,
VIJAYAWADA (URBAN), KRISHNA
I DISTRICT, ANDHRA PRADESH.
ENDOWMENTS,
7. the regional JOINT COMMISSIONER
RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT, ANDHRA
PRADESH.
« THE ASSISTANT COMMISSIONER OF ENDOWMENTS, NEAR
police control room, governor PETA, VIJAYAWADA,
ANDHRA PRADESH 520001.
THF EXECUTIVE OFFICER, SRI BRAHMAIAH LINGESWARA
SWAMY TEMPLE MANDAL,
GANNAVARAM (CHIKKAVARAM),
KRISHNACHIKI^VARAM ^
DISTRICT, ANDHRA
PRADESH.
5TH AND 6TH FLOORS, IBRAHIMPATNAM, ANDHRA PRADESH-
521426.
11.THE DEPUTY DIRECTOR MINES AND GEOLOGY KRISHNA
DISTRICT DOOR NO.54-18-67/IB, LIC COLONY VIJAYAWADA-
520008.
12.THE ASSISTANT DIRECTOR MINES AND GEOLOGY, KRISHNA
DISTRICT, PLOT.NO.17, DOOR NO.54-18-63/3, LIC COLONY,
VIJAYAWADA-520008.
^C3 ei 'RCJ
WP(<PIL)3ro.l30of2022
13.THE ANDHRA PRADESH POLLUTION CONTROL BOARD,
REPRESENTED BY ITS REGINAL OFFICER, PLOT N0.41,
GURUNANAK ROAD, OPP - STATE BANK OF HYDERABAD SRI
KANAKADURGA OFFICER'S COLONY, VIJAYAWADA-520008.
14.THE VIGILANCE AND ENFORCEMENT OFFICER REGIONAL,
KRISHNA DISTRICT , VETERINARY COLONY, VIJAYAWADA,
ANDHRA PRADESH.
15.THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA
DISTRICT, ANDHRA PRADESH.
16.THE REVENUE DIVISIONAL OFFICER, GUDIVADA VILLAGE AND
MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH.
17.THE TAHSILDAR, (GANNAVARAM MANDAL), GANNAVARAM
VILLAGE AND MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH
18. THE AMARAVATI METROPOLITAN REGION DEVELOPMENT
AUTHORITY, REP. BY ITS COMMISSIONER, LENIN CENTRE,
GOVERNOR PETA, VIJAYAWADA - 520002.
19.THE SUPERINTENDENT OF POLICE, KRISHNA DISTRICT,
LAKSHMI TALKIES CENTER, MACHILIPATNAM, ANDHRA
PRADESH-521001.
20.THE DIVISIONAL FOREST OFFICER, KRISHNA DISTRICT
VIJAYAWADA, PIN - 520 002.
21.THE SUBDIVISIONAL FOREST OFFICER, KRISHNA DISTRICT,
VIJAYAWADA- 520 002.
22.VALLABHANENI VAMSI MOHAN, S/0 V.RAMESH CHAND MLA.,
AGED ABOUT 45 YEARS, GANNAVARAM, KRISHNA DISTRICT.
GANNAVARAM, KRISHNA DISTRICT-521101.
•V\^((pIL)'Ko.l30 of2022
4
f
ABOUT
23 ANNE LALCSHRNANA RAO, S/0 A.SRINIVASA RAO, AGED
50 YEARS, OCC- BUSINESS, CHIKKAVARAM VILLAGE,
GANNAVARAM MANDAL, KRISHNA DISTRICT
24.0LUPALLI MOHANA RANGA RAO, S/0 O.TATA RAO AGED ABOUT
44 YEARS, OCC- BUSINESS, ISLAMPETA GANNAVARAM
VILLAGE, POST
I AND MANDAL, KRISHNA DISTRICT-521101.
25.KATRU SESHU KUMAR, S/0 K.BASAVESWARA RAO- AGED
CHINTALAPETA,
ABOUT 44 YEARS, OCC- BUSINESS
GANNAVARAM VILLAGE, POST AND MANDAL, KRISHNA
DISTRICT-521101
...RESPONDENT(S):
the
pleased to issue a writ, order or direction more particularly one in
nature of writ of mandamus to declaring the to issue a writ, order or direction.
declaring the action
more particularly one in the nature of Writ of Mandamus the idols of Sri
of the Respondents- (i) In not re-installing/replacing in Chikkavaram
Brahmaiahllngeswara Swamy Temple in the existing Templeto construct a new
Village and in allowing the Respondent Nos.22 to 25 Village, Agiripalli
Temple on the uphill (Kota Gattu) situated in Narsingapalem
Mandal and RS.No.2 of Chikkavaram, Gannaravaram Mandal without any
sanctioned permissions and the advice of the persons competent to render
advises in the matters relating to Rituals and Temple practices as +per
* the
2018, (ii) In not taking
orders of this Hon'ble Court in W,P (PIL) No.188 of out in the hame of Sri
steps against the illegal constructions being carried
BrahmaLhIingeswara Swamy Temple on the uphill (Kota Gattu) classified as
Tank Cheruvu in the Revenue Records of Narsingapalem Village, Agiripalli
Mandal and RS.No.2 of ChikkavaramI, Gannaravaram Mandal by felling down
thousands of naturally grown trees without the mandatory permissions from
the Competent Authority under the Andhra Pradesh Capital Region
Development Authority Act, 2014 (Act.No.11 of 2014), R/w the Andhra
Pradesh Building Rules, 2017, the Andhra Pradesh Agricultural Land
I
Hcj ^ n:3
'V\3P((PIL)U^o.l30of2022
the Andhra Pradesh
(Conversion for Non Agricultural purposes) Act, 2006,
water L-d and Trees^Act, 2002, the Andhra Pradeshunder Section 2 o th
1994 and prior approval from the Central Government
Forest Conservation Act, 1980, (iii) In not f'"9 ^ XfN^S 22
fellinq down of thousands of naturally grown trees by the Respondent Nos^
situated in Narsingapa em
to 25 on adjoining hills and the uphill (Kota Gattu)
Villaae A^alli Mandal and RS.No.2 of Chikkavaram, Gannaravaram
Mandai a^acent to the Brahmalingaiah Tank and the 1980, Forest
of timber contrary to the Forest (Conservation) ActAct, 1967 and th
(Conservation) Ruies, 2003, the Andhra Pradesh Forest In not taking steps
Andhra Pradesh Water, Land and Trees Act, 2002, (iv) of
against the iilegal mining, transportation and expl^.a.ion
and the An
Requiation) Act, 1957, Mineral Concession Rules, ^960
i?ir:rrc:-wr^r"^
bed of the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota
Gattu) situated in Narsingapalem Village, AgiripallitheMandai and RS.No.2 of
Mines and Minerals
Chikkavaram, Gannaravaram Mandai under Mineral Concession Rules, 1960
'°rtte7n"hra PraTefh'tnlllli^^^^^^ Rules, 2000, (vi)in
accumulated wealth through illegal mining and related
not recovering
activity including
the
f o np^naltv and the district mineral fund payable to the
I960 Andhra Pradesh Minor Mineral Concession Pradesh, District
Pmdesh Mineral Dealer's Rules, 2000 and the Andhra
/
'WP((pIL)?{o. 130 of2022
6
Mineral Foundation Rules, 2016 in respect of the minor mineral silt and gravel
excavated from the bed of the Brahmalingaiah Tank, adjoining hills and the
uphill (Kota Gattu) situated in Narsingapalem Village, Agiripalli Mandal and
RS.No.2 of Chikkavaram, Gannaravaram Mandal, As wholly illegal, arbitrary
and unconstitutional and violative of Articles 14, 21, 25, 26, 48A, 49, 243X,
Part IXA of the Constitution of India and consequently direct the Respondents
to forthwith reinstall the idols in the existing Temple and remove the un
authorised constructions raised on the uphill (Kota Gattu) and take action
against the illegal mining, felling down of thousands of naturally grown trees
and estimate the quantum of minor mineral silt and gravel excavated from the
bed of the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota
Gattu) and recover the accumulated wealth and tax/fees from the Respondent
Nos.22 to 25 and to pass
lA NO: 1 OF 2022
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 take immediate action against any illegal mining or excavation of
soil from the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota
Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal and to pass
lA NO: 2 OF 2022
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 direct the Respondent Nos.22 to 25 not to carry out any
construction including in the name of the Temple on the uphill (Kota Gattu)
situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal adjacent to the Brahmalingaiah Tank
without any sanctioned permissions from the Competent Authority and the
advice of the persons competent to render advises in the matters relating to
I
■KC3 ei 3C7
) Wb. 130 of2022
1
Rituals and Temple practices pending disposal of the above writ petition and
to pass
lA NO: 3 OF 2022
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 assess the mineral excavated by Respondent Nos.22 to 25 from
the Brahmalingaiah Tank and the adjoining hills and the uphill (Kota Gattu)
situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal and submit a report to this Hon'ble
Court and to pass
lA NO: 4 OF 2022
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 direct the Respondents not to carry out any constructions adjacent
to the Brahmalingaiah Tank and on the adjoining hills and the uphill (Kota
Gattu) situated in Narsingapalem Village, Agiripalli Mandal and RS.No.2 of
Chikkavaram, Gannaravaram Mandal and to pass
lA NO: 5 OF 2022
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 permit the Petitioners to substitute the First Respondent with "The
Union of India Represented by its Secretary, Mines, Sastri Bhavan, New
Delhi" and pass
lA NO: 6 OF 2022
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 vacate the stay granted on 11-10-2022 in lA.No.4 of 2022 in
WP(PIL) 130 of 2022 and dismiss the main PIL as devoid of merits and pass
/
^((plL)7io.l30 of2022
8
lA NO: 1 OF 2023
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 receive the counter copies on record by allowing the leave petition
to the 9th respondent to file counter and pass
lA NO: 2 OF 2023
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 Executive Authorities of the subject temple to proceed with the
temple
remaining works which are under verge of completion apart of
reconstruction on the aspirations of villagers and in the interest of justice. It is
therefore prayed that this Hon'ble court may be pleased to vacate the stay
of 2022 and
granted on 11-10-2022 in lA No. 4 of 2022 in WP (PIL) No. 130
dismiss the main PIL as devoid of merits and pass
Counsel for the Petitioner:
1.M R K CHAKRAVARTHY
Counsel for the Respondent(S):
1. GP FOR REVENUE
2. CHIRANJEEVI TANIKONDA
3. JANRDHAN REDDY CHINTHALAPALLY
4. GP FOR FORESTS
5. PULIPATI RADHIKA
6. GP FOR ENDOWMENTS
7. P SRI RAM
8.
9. GP FOR MINES AND GEOLOGY
10.V SURENDRA REDDY (SC FOR PCB)
CORAM: THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE RAVI CHEEMALAPATI
DATE : 16.09.2025
M^P((PIL)!Ko.l30of2022
ORDER
(per Sri Justice Ravi Cheemaiapati) The Issue highlighted in this writ petition filed in the nature of Public Interest Litigation is that the authorities are (i) not re-installing the idols of Sri Brahmaiahlingeswara Swamy Temple (ii) allowing respondent nos.22 to 25 to construct a new temple on the uphill without any sanctioned permissions and orders of this Court without obtaining advice of competent persons as per passed in W.P.(PIL) No.188 of 2018 (iii) not taking action against the iilegai constructions carried out on the uphili classified as Tank, in the name of Sri Brahmaiahlingeswara Swamy Temple (iv) not taking steps against respondent nos .22 to 25 for felling naturally grown trees on the uphill, (v) not taking action against the illegal mining, transportation and exploitation of minor mineral silt and gravel carried out by respondent nos.22 to 25 from the bed of Brahmalingaiah Cheruvu, (vi) not estimating the quantum of minor mineral silt excavated from the bed of the tank and (vii) not recovering the ill-gotten wealth from respondent nos.22 to 25.
2. The contents of the petition, in brief, are that the letter dated 25.05.2018 addressed by the petitioner complaining illegal mining and L J{C3^<R£3 ^W(P(91L) 5Vo. 130 of2022 10 demolition of Sri Brahmaiahlingeswara Swamy Temple was taken up by this Court as Writ Petition (PIL) No. 188 of 2018 and the said Writ Petition was disposed of, directing restoration of the temple and reinstallation of holy idols or make alternative arrangements with the advice of the persons competent to render such advises in the matters relating to rituals and temple practices and further the authorities shall see that there is no illegal mining in the area.
That despite the orders of this court, the respondent nos.22 to 25 are raising a new temple on the uphill adjacent to the existing temple by felling down thousands of naturally grown trees in the forest area without obtaining required permission. Besides the same, the respondent nos.22 to 25 were indulged in illegal mining, transportation and exploitation of minor mineral silt and gravel from the bed of Brahmalingaiah Cheruvu. That due to illegal mining and deforestation, the ecosystem in the vicinity was disturbed and the ayacut under the said tank got disturbed. That the complaints given by the petitioner to the authorities did not yield any result and the authorities did not take any action.
3. Respondent nos.2,10 and 12-Mines and Geology Department, filed counter affidavit denying the material averments of the petition inter alia ^iMP((pIL)'Ko.l30 of2022 11 contending that based on No Objection Certificate issued by revenue authorities, quarry leases for gravel were granted in Survey Nos.Chikkavaram 19.09.2018 the Mandal in the year 2008. That on village of Gannavaram quarrying areas were inspected and surveyed and it came to light that the after expiry of their permission quarrying operations were stopped soon the date of periods and no quarry operations are being carried on as on of the orders passed by this Court in inspection. Further, in pursuance and Geology Department had rejected W.P.(PIL) No.188 of 2018, the Mines the renewal applications. The subject land is classified as gutta Poramboke as per Revenue Records, as such the Revenue Department is the custodian. That or temporary the Mines & Geology Department had never granted any lease the inspections conducted by the permit to respondent nos.22 to 25. That 2018 to 2022 revealed that there department on various dates ranging from are no illegal quarrying operations of Gravel/silt in the subject areas of hillocks. Accordingly, prayed to dismiss the writ petition.
4. The respondent no.6- Endowments Department, filed counter affidavit alia contending that the temple denying the averments of the petition inter was constructed during the reign of Sri Nagadevaraju a Ma King in 1157on r'-' nAkp((pIL) 9(0.130 of2022 12 reached to dilapidated state and as the uphill and over a period of time it it became impossible to there was no proper way to reach the temple and as the Managing Trustee, with the consent reach the temple for offering prayers temple by installing the original of villagers, took a decision to construct a new idols in the newly constructed temple and accordingly construction was made done as per Agama Sastra and the villagers and Prana Pratista of idols was announcement of the are visiting the temple. That pursuant to the on the Bramhalingam Cheruvu Reservoir Government that there will be with water inflows, with the assumption that the temple will be inundated the temple and its idols in its consent of the villagers, a decision to restore taken and accordingly is located at beginning was original place where it is of parapet wall around the temple was constructed uphills and construction . The temple reconstruction work was temple was at the verge of completion W.P.CPIL) No.188 of done in pursuance of the orders passed by this Court in nothing but reproduction of 2018. That the contents of the writ petition are the allegations made earlier by him in W.P.(PIL) No.188 of 2018 and this . 23 to 25 by petition was filed only to take vengeance against respondent nos . There are no merits in dragging the temple into unwanted legal complications L WP((pIL)^o. 130 of2022 13 the writ petition and the same deserves dismissal. Accordingly, prayed to dismiss the writ petition.
5. Respondent No.20-Forest Department filed counter affidavit denying the material averments of the petition inter alia contending that the area in question is not part of any forest block and it is located in between the forest blocks Pothuraju Gattu Reserve Forest and Nutula GattuReserve Forest and no application was received from any person for felling and removal of trees either under WALTA Act,2002 or A.P.Forest Act, 1967. That provisions of WALTA Act,2002 are not applicable to rural area and the clearance of jungle growth was done in an area which is not under control of Forest Department and there was no undue influence on functioning of forest officials in respect of the happenings in the land in question. Accordingly, prayed to dismiss the writ petition.
the material
6. Respondent No,.22 filed counter affidavit denying averments of the petition inter alia contending that the allegations made in the petition are politically motivated without any concrete proof. That as the original temple became dilapidated and there is no proper route to access the L 1K3 'RCJ 'lMP('PIL) 3^0.130 of 2022 14 consent of villagers, took decision temple, the temple management, with the not take part in the temple to construct new temple. That this respondent did shifting process nor did he ever involved in any > mining operations. That the baseless and therefore the writ petition is liable to be allegations are dismissed. Accordingly prayed to dismiss the writ petition.
7. Heard Sri M.R.K.Chakravarthy,; learned counsel for the petitioner and S Pleader for official respondents. Smt.. S.Pranathi, learned Special Government record and considered the
8. Perused the material available on submissions made by learned counsel for the parties.
filed W.P.(PIL)
9. The record discloses that, earlier, the petitioner take action against the concerned for illegally shifflng idols No. 188 of 2018 to conducting illegal mining of the deities and also against the persons that are in Brahaiahlingam Lake. The said writ operations at Raju Gari Konda Gattu m ^ ordering respondent no.5 ■the Executive Officer of petition was disposed of, appropriately recovered and the temple to restore the temple and idols are be made with the advice of those reinstalled or alternative arrangements in matters relating to rituals and temple competent to render such advises in L ^CJ ^ 'RCJ WP((P1L) Tio.lSO of2022 15 practices. Further, the District Collector, Krishna District, the officials of revenue. Mines & Geology Departments and the police department to ensure that there is no mining or other activities in the locality in question including on the hills referred to above in any manner.
10. The contents of the counter-affidavits would indicate that temple was reconstructed and idols were reinstalled in the newly constructed temple pursuant to the orders passed by this Court in W.P.(PIL) No. 188 of 2018 and that the subject area is not part of any forest block and jungle clearance was done in the area outside the forest block and further the inspection conducted by mining department revealed that no mining operations are being conducted in the subject area.
11. Most of the averments of this writ petition are replica of the earlier writ petition filed by the petitioner and this Court disposed of the said writ petition giving suitable directions to the authorities to ensure that no mining operations are undertaken in the subject area. Further, in view of the contents of the counter affidavits that no mining operations are being carried out in the subject area and that there was no deforestation except for jungle HO ei 'RCJ ■WP((PIL)?io.l30of2022 16 growth, there remains nothing for adjudication in this writ petition. Therefore, this writ petition can be disposed of.
12. Accordingly, this writ petition is disposed of. The authorities shall ensure that there is no illegal mining or any such illegal activities in the locality in question. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
Sd/- V.DIWAKAR
//TRUE COPY// DEPUTY REGISTRAR
SECTION OFFICER
To,
1. The Secretary, Union of India, Mines, Sastri Bhavan, New Delhi.
2. The Principal Secretary (Mines and Geology Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
3. The Principal Secretary, (Endowments Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
4. The Principal Secretary, (Revenue Department), State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
5. The Principal Secretary Forest Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
6. The Commissioner of Endowments, Gollapudi Village, Vijayawada (Urban), Krishna District, Andhra Pradesh.
7. The Regional Joint Commissioner Endowments, Rajamahendravaram , East Godavari District, Andhra Pradesh.
8. The Assistant Commissioner of Endowments, Near Police Control Room, Governor Peta, Vijayawada, Andhra Pradesh 520001.
L
Swamy Temple
Officer, Srii Brahmaiah
^ Lingeswara
Mandal, Krishna
9 The Executive Gannavaram
Chikkavaram Village
(Chikkavaram)
District, Andhra Pradesh. and Geology, Door
, Department of Mines
10.Director Mines and Geology 5'" and 6^'" Floors,
Towers
No.7-104, B-Block, Anjaneya
Ibrahimpatnam , Andhra Pradesh-521426, District, Door No.54-
and Geology Krishna
11 .TheDeputy Director Mines
18-67/1B, Lie Colony \/ijayawada-520008. , plot.No.17, 12 The Assistant Director Mines and Geology, Krishna Distnct \/ijayawada-520008.
Door No. 54-18-63/3, Lie Colony Control Board, Plot
Pradesh Pollution
13.The Regional Officer, Andhra
Sri
State Bank of Hyderabad
No.41, Gurunanak Road, Opp
Viiayawada-520008.
Kanakadurga Officer's Colony, Krishna District,
Officer Regional
14.The Vigilance
and Enforcement
Andhra Pradesh.
Veterinary Colony, Vijayawada
Krishna District, Andhra Pradesh,
15.The District Collector, Machilipatnam and Mandal, Krishna Gudivada Village le.The Revenue Divisional Officer District, Andhra Pradesh. Mandal), Gannavaram Village and 17 The Tahsildar, (Gannavaram Mandai, Krishna DIstrlcL -- ^^ IS.The Commissioner
-gicn Development 520002.
Authority of Police
19.The Superintendent Machilipatnam: , Andhra Pradesh-521001 District, Viiayawada, Pin - 520
20.The Divisional Forest Officer, Krishna
- 520
002. District, Vijayawada
21.The Sub Divisional Forest Officer, Krishna
002.
22. One cc to Sri M. R . K. Chakravarthy, Advocate [OPUC] General of India (OPUC)
23. One CC to Sri P. Ponna Rao, Deputy Solicitor I and Geology, High Court of Andhra Pradesh 24 .Two CCS to GP for Mines [OUT] Pradesh [OUT] High Court of Andhra
25.TWO CCS to GP for Endowments High Court of Andhra Pradesh [OUT] GP for Revenue 26 .Two CCs to Pradesh [OUT] GP for Forests, High Court of Andhra
27. Two CCs to
28. Two CCS to GP for Home, High court of Andhra Pradesh lOU-n Endowments [OPUC]
29. One CC to Smt . pulipati Radhika, SC for APPCB [OPUC]
30. One CC to SrlYelisettiSomaraju.SCfor 31 .One CC to Sri Chiranjeevii Tanikonda, Advocat [ Advocate (OPUC)
32. One CC to Sri Challa Ajay Kumar , Advocate [OPUC] CC to Sri Janrdhan Reddy Chinthalapally
33. One 3ri p. Sri Ram Advocate [OPUC]
34.One CC to
35.Two CD Copies Cnr HIGH COURT DATED:16/09/2025 ORDER WP{PIL) NO. 130 OF 2022 ^2 urrMtSectioQx^' 9 SEP 2025 j 5^/ DISPOSING OF THE WP(PIL) WITHOUT COSTS