THE HON’BLE SRI JUSTICE E.V. VENUGOPAL WRIT PETITION No.8376 OF 2025

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief/s:-

“… to issue Writ, order or direction more in the nature of Mandamus, declaring the action of Respondent No.3, without having power in his official capacity, encroached public road and started construction of ‘Arch’ for Renuka Yellamma Temple and not allowing the Petitioner’s members and other public to utilise the 33 feet wide road in Sy.No.264 situated at Husnabad Town, Siddipet District, as illegal, arbitrary, administrative discriminatory, violation of Art.14 & 21 of Constitution of India, Consequently, Direct the Respondent No.3 to 4 to stop the illegal construction of ‘Arch’ and installation of Gate for Renuka Yellamma Temple on the public road and direct the Respondent No.3 to 4 to allow the Petitioner’s members and other public to utilize the 33 feet wide road in Sy.No.264 situated at Husnabad Town, Siddipet District, and to pass such other order or orders …”

2. Heard Mr.Ramesh Bura, learned counsel for the petitioner and Mr.Mangilal Naik, learned Government Pleader for Endowments appearing for respondent Nos.1 and 3, Mr.Sandeep, learned Assistant Government Pleader for Revenue appearing for respondent No.2 and Mr.C.H.Satish Kumar, learned Standing Counsel for Endowments appearing for respondent No.4.

3. The brief facts of the case are that petitioner/Pattana Padmashali Seva Sangham, Husnabad was established in the year 1987 bearing Registration No.3920 of 1997. It is stated that the petitioner is the absolute owner and possessor of the land admeasuring Ac.0.16 gts in Sy No.264 situated at Husnabad Town, Siddipet District; that the petitioner purchased the said land vide registered Sale Deed document bearing No.1706/87 dated 14.12.1987 from the erstwhile owner; that the petitioner obtained permission from the Gram Panchayat for construction of ‘Markandeya Temple’ and constructed it in the same year. It is stated that the ‘Markandeya Temple’ consists of 33 feet wide road at the south side. The same road is situated at the North side of the ‘Renuka Yellamma Temple’. The said 33 feet wide road is being utilized by the devotees of the both the Temples as well as the residential house holders; that on 12.03.2025, respondent No.3 started construction of an ‘Arch’ on the 33 feet wide public road. Upon enquiry, respondent No.3 informed the petitioner that he is constructing ‘Arch’ for The Renuka Yellamma Temple and thereafter a Gate would be installed. Aggrieved by the same, the petitioner preferred the present Writ Petition.

4. Learned counsel for the petitioner submits that after construction of ‘Arch’ if a Gate is installed, the members of the petitioner Society would face difficulty to visit ‘the Markandeya Temple’; that the other house holders would also face difficulty in utilizing the road. Therefore, he seeks to pass appropriate orders. 5. Per contra, learned Standing Counsel contends that the land in survey No.265 belongs to respondent No.3-Temple and only upon conducting a survey, an ‘Arch’ was contemplated to be constructed in the Temple land. He states that no prejudice will be caused to the petitioner if an ‘Arch’ is constructed to the Temple. Therefore, he seeks to dismiss this Writ Petition.

6. Learned Government Pleader for Endowments and learned Assistant Government Pleader for Revenue concede to the aforesaid submissions.

7. Having regard to the submissions of all the learned counsel and upon perusal of the material available on record, this Court is of the opinion that the land in which ‘Arch’ was erected belongs to respondent No.3-Temple and no prejudice would be caused to the petitioner and the house holders if such an ‘Arch’ is constructed. Therefore, this Writ Petition is misconceived and liable to be dismissed.

8. Accordingly, the Writ Petition is dismissed. No costs. Miscellaneous Petitions, pending if any, shall stand closed.

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