APHC010066602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3639/2023 Between:

1. G.EKAMBARAM, S/O.CHINNABBA, AGED- 43 YEARS, OCC-

CONDUCTOR APSRTC, R/O.D.NO.1-8A, PENNAGADDAM VILLAGE, PAPANAIDUPET POST, YERPEDU MANDAL, TIRUPATI DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY(PANCHAYAT RAJ), SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI.

3. THE TAHSILDAR, YERPEDU MANDAL, TIRUPATI DISTRICT.

4. THE PANCHAYAT SECRETARY, PENNUMALLAM PANCHAYAT, SACHIVALAYAM, YERPEDU MANDAL, TIRUPATI DISTRICT.

5. PENNAGADDAM YATHI SHANKAR, S/O.VENKATA SUBBAIAH, AGED- 40 YEARS, OCC, FIELD ASSISTANT, MGNREGS, PENNAGADDAM HARIJANAWADA, PENNAGADDAM VILLAGE.

YERPEDU MANDAL, TIRUPATI DISTRICT.

6. PENNAGADDAM SRIDHAR, S/O.GURAVAIAH, AGED ABOUT- 45 YEARS, R/O.PENNAGADDAM VILLAGE HARIJANAWADA, YERPEDU MANDAL, TIRUPATI DISTRICT.

...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 appropriate Writ, Order or direction more particularly one in the nature of WRIT OF MANDMUS declaring the action of the respondents No.2 to 4 failed to stop the illegal construction of temple (one the name of Ramalayam in a drainage channel) made by the respondent No.5 and 6 in Sy.No.161/2, Penumallam Revenue Fields, Yerpedu Mandal, Tirupati District classified as Canal as arbitrary, illegal against Art.19, 21 and 300-A of the Constitution of India and to pass IA 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 direct the respondents No.2 to 4 to stop the illegal construction of temple by the respondents No.5 and6 in Sy.No.161/2, Penumallam Revenue Fields, Yerpedu Mandal classified as Canal is contrary to G.O.Ms.No.376, DT-29-11-

2012 pending disposal of the above writ petition and to pass IA 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 to vacate the interim orders dated. 20-02-2023 passed in WP No. 3639 of 2023 and pass Counsel for the Petitioner:

1. NAGARAJU N Counsel for the Respondent(S):

1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT

2. GP FOR REVENUE

3. GP FOR PANCHAYAT RAJ RURAL DEV

4. D V SASIDHAR The Court made the following order:

The grievance of the petitioner is that respondent Nos.2 to 4 are not taking steps to stop the illegal construction of a temple by respondent Nos.5 and 6 in survey No.161/2, Penumallam Revenue fields, Yerpedu Mandal, Tirupati District which is classified as ‘canal’.

2. Heard Ms Ramani, learned counsel, representing Sri Nagaraju Naguru, learned counsel for the petitioner, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, Sri M.Sudhir, learned standing counsel for Gram Panchayat and Sri D.V.Sasidhar, learned counsel for unofficial respondents.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that respondent Nos.5 and 6, with their political support, are trying to encroach upon the irrigation canal admeasuring Ac.3.40 cents in survey No.161/2 of Penumallam village, which is the only source of water for irrigation. She further submitted that in the name of constructing a temple, they are illegally collecting funds from villagers and on 27.01.2023, laid a foundation in the canal land for construction of Ramalayam. She further submitted that though the petitioner lodged a complaint through spandana on 30.01.2023, the revenue authorities have not taken any action till date. She further submitted that it would suffice if a direction is