Petitioner filed a writ petition declaring government inaction illegal regarding a village temple and seeking a direction not to demolish or shift it. The Government Pleader clarified there was no plan to demolish the temple, and the court closed the petition.
No order as to costs. Miscellaneous petitions pending, if any, closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.1855 of 2023
ORDER :
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the following relief:-
“to issue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Official Respondents No.1 to 12 in taking action according to Law on my Representation, dt.14/01/2023 (Ex.P1), followed by the Legal Notice, dt.17/01/2023 (Ex.P2), for taking steps to declare that 125 years old Ancient Hindu Village Deity Temple (Native Place) viz., Pancha Grama Devathala Ammavarla (for presiding Deities viz., Kanaka Durgamma, Mavoolamma, Mahamkaalamma, Maaremma, Chevullamma) Utsavalayam located in R.S.Nos.197, vide FMB Field Map No.197 (Ex.P3) of Aravalli Village, Attilli Mandal, West Godavari District, bounded by East: Vacant Site of Aravalli Gram Panchayathi, North : R & B Road, West : R & B Road, South : Yogi Vemana Temple, as an „Ancient Monument‟, in terms of the mandate of Sec.2(a), 3, 4, 4(a), 6, 7, 10, 13 of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and in terms of the mandate of Sec.2, 3, 4, 5, 11 & 13 of Ancient Monuments Preservation Act, 1904 is illegal, arbitrary, capricious, violative of mandate of the said Acts and Art.21, 25, 26 of Constitution of India and thereby consequently direct the Respondents not to demolish or dislocate, or shift, the said 125 yearsold Ancient Hindu Village Deity Temple (Native Place) viz., Pancha Grama Devathala Ammavarla (for presiding Deities viz., Kanaka Durgamma, Mavoolamma, Mahamkaalamma, Maaremma, Chevullamma) Utsavalayam, located in R.S.Nos.197, vide FMB Field Map No.197 (Ex.P3) of Aravalli Village, Attilli Mandal, West Godavari District bounded by East : Vacant Site of Aravalli Gram Panchayathi, North : R & B Road, West : R & B Road, South :
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Yogi Vemana Temple, contrary to the mandate of Ancient Monuments Preservation Act, 1904 and Ancient Monuments and Archaeological Sites and Remains Act, 1958 and without following the procedure established under Law and thereby, direct the Official Respondents, not to change the alignment of the R & B Road, passing through R.S.No.197 of Aravalli Village, Attilli Mandal, West Godavari District, to accommodate the Unofficial Respondent No.13, without following the procedure established under Law….”
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of the first respondent stating that “there is no plan to demolish or dislocate or shift the 125 year old Ancient Hindu Village Deity Temple, and the said temple is intact as on today”. He made clear that if at all the R&B Department have any such proposal in future, they will follow due process of law.
Writ Petition is closed. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_______________________ JUSTICE V.SUJATHA
Date : 14.03.2023 PSR/KBS
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HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.1855 of 2023
Date: 14.03.2023
PSR/KBS
Petitioner
Executive Engineer (R&B) Division, Bhimavaram
V. Sujatha
As recorded by the court registry
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