Gumma Krishnaiah Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ..

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2300 OF 2025 V.

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Between:

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Gumma Krishnaiah, S/o. Ramanaiah, aged about 66 years R/o Tatiparthipalem Village, Venkatachalam Mandal, SPSR^{NelloreDistrict.’} ...PETITIONER-^

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary, Endowments Department, A.P .Secretariat, Velagapudi,^Amaravathi, Guntur District.

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The Commissioner, Endowments Department, SPSR Nellore^District. ■- 3. The Assistant Commissioner, Endowments Department,^SPSRNellore District.

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Sri Moolasthaneswaraswamy temple. Rep by its Executive^officer Sarvepalli village, Venkatachalam Mandal, SPSR Nellore^District.

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Nikkudala'^amesh, S/o. Nikkudala Ramanaiah aged about 45 years R/o Tatiparthipalem Village, Venkatachalam Mandal, SPSR^Nellore District.

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Nikkudala Rathnaiah, S/o. Nikkudala Venkaiah aged about 70 years, R/o Tatiparthipalem Village, Venkatachalam Mandal,^SPSRNellore District.

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Nikkudala ^alakrishna, S/o. Nikkudala Masthaniah, aged^NotKnown R/o Tatiparthipalem Village, Venkatachalam Mandal,^SPSRNellore District ,

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Nikkudala Gopal, S/o. Nikkudala Venkaiah, aged Not^Known,R/o Tatiparthipalem^/illage, Venkatachalam Mandal, SPSR^{Nellorebistrict.}

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Nikkudala dasaiah, S/o. Nikkudala Venkaiah, aged^NotKnown,R/o / Tatiparthipalem Village, Venkatachalam Mandal, SPSR^{NelloreDistrict,u/} ...RESPONDENTS '

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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 a Writ, order or direction more^particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents Nos.2 to 4 in not taking steps to remove the encroachments by the respondents Nos.5 to 9 of the land in Sy.No.1131/1A^{situatedatSarvepalli} Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore^{Districtasillegaland} arbitrary and consequently direct the respondents Nos.^{2to4toevictthe} respondents Nos.5 to 9 from the land belongs to the^{4*'^} respondent Temple in Sy.No.1131/1A situated at Sarvepalli Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore District. lA NO: 1 OF 2025

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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 Nos.2 to 4 to consider^the representation Dated: 07-01-'^025 and take steps to remove the encroachments^intheland covered by Sy.No.113T/1A an extent of Ac. 1.0^cents^{situatedatSarvepalli} Bit-Ill Village, Venkatachalam Mandal, SPSR Nellore District pending disposal of the above Writ Petitioh. Counsel for the Petitioner: SRI P.GANGA RAMI REDDY^ Counsel for the Respondent Nos. 1 to 3: GP FOR ENDOWMENTS Counsel for the Respondent No.4: SRI G.RAMANA RAO,^SCFORSRI

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MOOLASTHANESWARASWAMY TEMPLE

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Counsel for the Respondent Nos. 5 to 9: The Court made the following: ORDER

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1

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APHC010044532025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3310] (Special Original Jurisdiction)

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THURSDAY ,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 2300/2025

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Between;

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Gumma Krishnaiah ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.PGANGA RAMI REDDY

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Counsel for the Respondent(S):

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1.GP FOR ENDOWMENTS

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The Court made the following:

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ORDER;

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The Writ Petition is filed under Article 226 of the Constitution of India,

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seeking the following relief;

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“ declaring the action of the respondents No. 2 to 4 in not taking steps to remove the encroachments by the respondents^{No.5to9oftheland} in Sy.No.1131/1A situated at Sarvepalli Bit-Ill village, Venkatachalam Mandal, SPSR Nellore District as illegal and arbitrary and consequently direct the respondents No. 2 to 4 to evict the respondents^{No.5to9fromthe} land belongs to the 4‘^ respondent temple in Sy.No.1131/1A situated at Sarvepalli Bit-iii village, Venkatachalam Mandal, SPSR^{NelloreDistrictand} pass such other or further order or orders ”

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2

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The case of the petitioner is that the petitioner along with others have filed representation to the 3''^ respondent stating that the respondents 5 to 9 have encroached Ac.0.65 cents of land out of Ac.1.02 cents in Sy.No.1131-1A of Survepalli Bit-3 village belongs to the respondent and constructed houses therein. Inspite of repeated requests made by the petitioner, the 3'"^ respondent has not taken any action to remove the encroachments and the Executive Officer of the temple has also not taken any action in the matter. Hence the present writ petition is filed.

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Endowments, appearing for the respondents 1 to 3 and Mr.G.Ramana Rao, learned Standing Counsel appearing for the 4' respondent.

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On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition.

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Learned Standing Counsel for Endowments has submitted a copy of instructions of the 4‘^ respondent temple vide Rc.No.Nil/2025, dated 29.01.2025, wherein it is stated that the Executive Officer of the 4*^ respondent had enquired into the matter and also inspected the land under encroachment by the respondents and noticed that the respondents 5 to 9 have divided the land into five plots and constructed houses therein and using the same for domestic purpose. Further it is stated that the Executive Officer

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of the 4 respondent temple has not received the representation^fromthe villagers. As per the records, the name of the pattadar^{isthe4^*^respondent} temple, hence, the authorities of the respondent temple^{aregoingtoget} the land surveyed by the Mandal Surveyor duly marking^{theencroachments,} obtain sketch of the lands and take further action^{inthematterforremovalof} the encroachments as per the Rules.

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So, by recording the above instructions, this Court^{feelsitappropriateto} dispose of the writ petition directing the 4‘^ respondent^totakesteps for removal of the encroachments by the respondents 5 to^{9,inaccordancewith} law, as expeditiously as possible, within a period^{offour(04)monthsfromthe} date of receipt of a copy of this order.

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