Smt. Manda Nagalakshmi v. The State of Andhra Pradesh

Sri Datta Naga Sai Ananda Ashramam(Sai Baba Temple), Of Shiridi Sai Seva Society Regd No. 294/2010, Rep by its President Satti Devadana Reddy S/o Surri Reddy aged about 47 years, R/o D No. 1-118 Polamuru Village, Anaparti Mandal, East Godavari District ...RESPONDENTS f 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 Writ Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of the Respondents No.2 and 3 herein in not considering, nor initiating any action on the representation dt. 26-08-2024 filed by the petitioner, to initiate action for demolition of unauthorized encroachment by the 5th respondent temple by constructing stair case and the landing roof on public path way/Grama Kantam in Sy.No.209-2 and Sy.No.203/23 of Polamuru Gram Panchayat which is adjacent to the Petitioners House as illegal arbitrary, and contrary provisions of Panchayat Raj Act, Consequentially direct Respondents 2 and 3 herein to initiate action against the 5th Respondent Temple for demolition of the encroachments. lA NO: 1 OF 2024 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 & 3 herein to ensure, the 5th Respondent to stop the ongoing illegal construction by the 5th Respondent situated in Sy.No.209-2 and Sy.No.203/23 of Polamuru Gram Panchayat, Anaparti Mandal, East Godavari District, fourthwith pending disposal of the above writ petition. Counsel for the Petitioner(s); SRI. B CHANDRA SHEKHAR Counsel for the Respondent Nos.1,2 & 4; GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.3: SRI Y KOTESWARA RAO Counsel for the Respondent No.5: NONE APPEARED The Court made the following: ORDER 1 APHC010412202024 f IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 20996/2024 Between: Smt. Manda Nagalakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petitioner:

1.B CHANDRA SHEKHAR Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following Order: Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent No.3.

#3. In spite of receipt of the notice, none appeared for the 5 respondent. This writ petition is filed questioning the action of the respondent Nos.2 & 3 in not considering the representation dated 26.08.2024 of the petitioner to initiate action for demolition of unauthorized encroachment by the 5 respondent temple by constructing stair case and steps on public path / / 2 way/Grama Kantam in Sy.No.209-2 and Sy.No.203/23 of Polamuru Gram Panchayat which is adjacent to the petitioner’s house.

#4. The learned counsel for the petitioner submits that, in view of the unauthorized construction of the compound wall and steps for the 5'^ respondent temple, the petitioner earlier filed W.P.No.13975 of 2023 wherein an interim order was passed on 16.06.2023 directing the 2 respondent therein to take necessary action on the petitioner’s representation dated

07.06.2022, in accordance with law, after giving due opportunity to the respondent Nos.6 & 7. The petitioner also filed W.P.No.29240 of 2023 which was disposed of vide order dated 22.11.2023.

#5. On the other hand, the learned Standing Counsel appearing for the respondent relying upon the written instructions of the 3'^^ respondent dated

09.10.2024 submits that, pursuant to the interim directions of this Hon’ble Court in W.P.No. 13975 of 2023 notices were issued to the 5*^ respondent herein on three occasions for conducting enquiry. Responding to the the 5*'^ respondent removed the steps which was constructed without any approvals, but still the compound wall is in existence which is not removed by the 5‘^ respondent as it was built without any approvals. The learned Stand Counsel appearing for the 3^^^ respondent further submits that the respondent authorities concerned will follow the due procedure with respect to the removal of the compound wall constructed unauthorizedly by the 5*^ respondent. V ■c 3

#6. In view of the above said facts and circumstances, the 3'^'^ respondent is directed to follow the due procedure in the matter of dealing with compound wall built by the 5**^ respondent temple strictly in accordance with law by hearing all the parties concerned including the petitioner and the 5 respondent specifically after giving due opportunity and upon verification of the records and the subject construction of the compound wall, appropriate decision shall be taken on its own merits as expeditiously as possible, but not later than eight (8) weeks from the date of receipt of this order.

#7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel. Interlocutory Applications pending if any, shall stand closed. To, //TRUE COPY// SD/- K. SRINIVASA RAJU ASSISTANT REGISTRAR /^SECTI^ OFFICER

#1. The Principal Secretary, Panchayat Raj and Rural Development Department Secretatriat, Amaravathi, Guntur District, A.P.

#2. The District Panchayat Officer, East Godavari at Rajamahendravaram

#3. The Panchayat Secretary, Polamuru Gram Panchayat, Polamuru Village, Anaparti mandal East Godavari District.

#4. The Distrcit Collector(Panchayat Wing), East Godavari District at Rajamahendravaram

#5. One CC to Sri. B Chandra Shekhar, Advocate [OPUC]

#6. Two CCs to GP For Panchayat Raj Rural Dev ,High Court Of Andhra Pradesh. [OUT]

#7. One CC to Sri Y Koteswara Rao, Advocate [OPUC].

#8. THREE CD Copies AL HIGH COURT TL v' DATED:05/11/2024 ORDER WP.No.20996 of 2024 X o 1 5 NOV 202'» . Current Section ml; Co PATC DISPOSING OF THE WP WITHOUT COSTS