APHC010070202026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

FRIDAY,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4100/2026 Between:

1. G UBILI SURESH, S/O.GUBILI VENKATA NAMA TRINADHULU, AGED ABOUT 45 YEARS, R/O. D.NO.1-11, GANNAVARAM VILLAGE, MANDAVALLI MANDAL, ELURU DISTRICT.

...PETITIONER AND

1. T HE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF ENDOWMENTS, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT-522238.

2. T HE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ELURU DISTRICT, ELURU-534006.

3. T HE DISTRICT ENDOWMENT OFFICER FAC, ENDOWMENT DEPARTMENT, ELURU, WEST GODAVARI DISTRICT-534001.

4. T HE GANNAVARAM GRAMA PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, GANNAVARAM, MANDAVALLI MANDAL, ELURU DISTRICT-521345.

5. T HE SUBINSPECTOR OF POLICE, MANDAVALLI POLICE STATION, MANDAVALLI, ELURU DISTRICT-521345.

...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 topleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents particularly the respondents 4 and 5 in interfering with the religious activities in Sri Swayambhu Sankalpa Siddheswara Swamy Temple situated in the land of an extent of 242 sq. yards in RS No.140/8A of Gannavaram Village, Mandavalli Mandal, Eluru District is arbitrary. illegal and violative of fundamental rights guaranteed under Articles, 14, 19, 21 and 300- A of the Constitution of India and consequently direct the respondents not to interfere with the religious activates in the Sri Swayambhu Sankalpa Siddheswara Swamy Temple 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 pleased to direct the Respondents 4 and 5 not to interfere in the religious, rituals in Sri Swayambhu Sankalpa Siddheswara Swamy Temple situated in the land of an extent of 242 sq. yards in RS No.140/8A of Gannavaram Village, Mandavalli Mandal, Eluru District, pending disposal of the above writ petition in this Hon’ble Court, and to pass Counsel for the Petitioner:

1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR ENDOWMENTS The Court made the following:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4100/2026 ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the respondent Nos.4 and 5 in interfering with the religious activities in Sri Swayambhu Sankalpa Siddheswara Swamy Temple situated in the land of an extent of 242 sq. yards in RS No.140/8A of Gannavaram Village, Mandavalli Mandal, Eluru District is arbitrary, illegal and violative of fundamental rights guaranteed under Articles, 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the religious activates in the Sri Swayambhu Sankalpa Siddheswara Swamy Temple and pass such other order or orders...”

2. Heard learned counsel for the petitioner, learned Government Pleader for the respondent Nos.1 to 3 and the learned Standing Counsel for respondent No.4.

3. Learned counsel for the petitioner submits that the petitioner intended to make construction of a private temple under the name and style of Sri Swayambhu Sankalpa Siddheswara Swamy Temple situated in the land admeasuring to an extent of 242 sq. yards in RS No.140/8A of Gannavaram Village, Mandavalli Mandal, Eluru District. In the process of construction of temple, the petitioner submitted an application/representation dated 22.12.20