APHC010301952015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310]

(Special Original Jurisdiction)

THURSDAY ,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 32949/2015 Between:

Sri Bheemcswara Swamy&sri Rajagopala Swamy Temple, Wg ...PETITIONER AND Prl Secy Revenue Dept Hyderabad 12 Others and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. ELEVATED AS JUDGE Counsel for the Respondent(S):

1. GP FOR HOME (AP)

2. GP FOR REVENUE (AP)

3. GP FOR PANCHAYAT RAJ RURAL DEV (AP)

The Court made the following:

ORDER:

The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..declaring the action of the respondents in not taking action on the representations made by the petitioner dated 27.02.2015, 16.03.2015, 17.03.2015, 19.03.2015 in protecting the land belonging to the petitioner temple an extent of Ac.0.40 cts out of total extent of Ac.16.75 cts in Sy.No.3 situated at Veerammakunta Village, Pedapadu Mandal, West Godavari District as bad, illegal, arbitrary, void abnitio and against the principles of natural justice and violative of Article 300A of Constitution of India and consequently direct the respondents not to convert the land belonging to the petitioner temple into a burial ground and pass such other order or orders …..”

2. The case of the petitioner is that on 30.09.2010, the petitioner temple was issued with the pattadar passbooks and title deeds by the Tahsildar, Pedapadu Mandal, West Godavari District. The Adangal/pahani for the fasali 1423 issued by the Tahsildar, Pedapadu Mandal, West Godavari District shows the name of the petitioner temple as absolute owner of the land measuring Ac.16.75 cents in Sy.No.3 of Veerammakunta Village, Pedapadu Mandal, West Godavari District. The recitals of the RSR also establish the same. As such, there is no dispute with regard to ownership of the petitioner temple with respect to subject property. The temple proposed to lease out the entire Ac.16.75 cents in public auction for aqua culture.

While so, the villagers with an ill motive to convert the land belonging to the temple as a burial ground, have started burning the corpse in the land belonging to the temple and people belonging to the Christian community, are trying to bury the dead bodies in the land belonging to the temple. On 21.02.2015, the members of respondents 9 and 10 have laid black soil on Ac.0-40 cents of land belonging to the temple for conversion of said land into burial ground. Hence, the petitioner temple made complaint to the 7^th respondent on 27.02.2015, but no action being initiated on the complaint. Thereafter, the petitioner temple sought police protection on 24.03.2015 for removal of encroachment. In that process, the Mandal Surveyor has conducted survey on 11.04.2015 and has earmarked the land belonging to the temple and handed over the same to the petitioner without any protest from any corner. Thereafter, the petitioner has erected pillars on the land belonging to it in the presence of the revenue officials on the same day i.e. on

11.04.2015.

Thereafter, the respondents 9 and 10 has removed the pillars erected by the petitioner temple. Hence, the temple has given a police complaint on 15.04.2015 to take appropriate action against the respondents 9 and 10. But the respondents 6 and 7 failed to take any action in protecting the lands belonging to the temple from encroachments for the reasons known to them.

Hence the present writ petition is filed.

3. This Court vide order dated 08.10.2015 has granted interim order, which reads as under:

“There shall be interim direction, as prayed for.”

4. On the other hand, the 3^rd respondent filed counter. While denying the contents of the writ petition, it is submitted that the villagers of Veerammakunta, Pedapadu Mandal submitted a representation to the Commissioner, A.P. Endowments Department and other officers stating that for the last 40 years, they have be