Andhra Pradesh High Court - Amravati
Challa Anantha Reddy, vs The State Of Andhra Pradesh on 17 March, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
tea ' IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAT Viet AS st WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE : PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 23194 OF 2020 Between: Challa Anantha Reddy, S/o. Venka Reddy, age 42 years, R/o.D.No.2088, Venkatapuram Village, South - Urban Addanki, Addanki Mandal, Prakasam District. : an Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Endowment Dept, - Secretariat Building, Secretariat, Velagapudi, Guntur District, 2. The Commissioner, Endowments Department, Velagapudi, Amaravathi, Guntur District. A.P 3. The Deputy Commissioner, Endowments Department, Ongole, Prakasam District. 4. The Assistant Commissioner, Endowments Department, Prakasam_ District, Ongole. 5. Sri Kamatheswara Swamy Temple, Rep. by its Executive Officer, Addanki Town and Mandal,Prakasam District. 6. The District Collector, Prakasam District, Ongole. 7. The Municipal Commissioner, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki , Prakasam District. 8. The Town Planning Officer, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District. 9. Pakanati Anji Reddy, S/o. Penchala Reddy, age 50 years, R/o. Venkatapuram Village, Sub - Urban Addanki, Addanki Mandal, Prakasam District 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not considering the representation of the petitioner dated 30.11.2020 in regarding the unauthorized constructions made by the 9" respondent by encroaching the land belonging to the Sri Kamatheswara Swamy temple in Survey No. 986 of Addanki Town (Sai Nagar), Addanki Prakasam District as illegal, contrary to law, arbitrary, against the principles of natural justice, and violation of Article 14 of the constitution of India without jurisdiction and consequently to direct the 2 to 8" respondents to consider the representation of the petitioner dated 30.10.2020 by removing the unauthorized constructions made by the 9" respondent in land belonging to the Sri Kamatheswara Swamy temple land in Survey No. 986 of Addanki Town (Sai Nagar), Addanki, Prakasam District and restore the land forthwith IA NO: 1 OF 2020 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 2 to 8" respondents to consider the representation of the petitioner dated 30.10.2020 by removing the unauthorized constructions made by the 9" respondent in land belonging to the Sri Kamatheswara Swamy temple land in Survey No. 986 of Addanki Town (Sai Nagar), Addanki, Prakasam District and restore the land forthwith, pending the disposal of WP 23194 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SMT MARELLA RADHA Advocate for the Petitioner, and of GP FOR ENDOWMENTS for the Respondents, the Court made the following. ORDER:
"The Executive Officer of the respondent-temple is personally present and has produced draft execution petition which is said to have been filed before the Senior Civil Judge, Addanki. It is submitted that this Execution Petition has not yet been numbered for reporting further developments. Further photographs have been placed before this Court showing large scale constructions being carried on in the land of the temple. There is no explanation forthcoming as to why such permissions are being granted when the persons in possession of the land are not having any title. _ Accordingly, the Municipal Commissioner, Addanki Municipality shall be present in person to explain how such permissions are being granted and what are steps being taken by the Municipality to clear such encroachments.
Post on 24.03.2021".
n 4 Sd/-T.Madhavi "
ASSISTANT RE ISTS AR i ITRUE COPY// on OIL For, SECTION OFFICER To,
1. The Principal Secretary Endowment Dept, State of Andhra Pradesh, Secretariat Building, Secretariat, Velagapudi, Guntur District,
2. The Commissioner, Endowments Department, Velagapudi, Amaravathi, Guntur District. A.P
3. The Deputy Commissioner, Endowments Department, Ongole, Prakasam District.
4. The Assistant Commissioner, Endowments Department, Prakasam District, Ongole.
9. Sri Kamatheswara Swamy Temple, Rep. by its Executive Officer, Addanki Town and Mandal,Prakasam District. The District Collector, Prakasam District, Ongole. The Municipal Commissioner, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki , Prakasam District.
8. The Town Planning Officer, Addanki Municipality, NSP Colony, Near Addanki High School, Addanki, Prakasam District.
9. Pakanati Anji Reddy, S/o. Penchala Reddy, age 50 years, R/o. Venkatapuram Village, Sub - Urban Addanki, Addanki Mandal, Prakasam District (Addresses 1 to 9 by RPAD)
10.One CC to SRI MARELLA RADHA Advocate [OPUC]
11. Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh. [OUT]
12. One spare copy ye HIGH COURT RRRJ DATED:17/03/2021 POST ON 24.03.2021 ORDER WP.No.23194 of 2020 DIRECTION