Sriramula Venkata Ramanamurthy Vs The State of Andhra Pradesh

“…. . to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking action on the petitioners representation dated 16.12.2024 for restoring the 3^rd respondent temple land measuring Ac.0.40 cents out of total extent of Ac.3.70 cents in Sy.No.557 of Kanchikacherla village and Mandal, NTR District, by removing the illegal gravel road laid by the unknown persons as bad, illegal, arbitrary and violative of Articles 14, 21, 25 and 300-A of Constitution of India and

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consequently direct the respondent to restore the land measuring Ac.0.40 cents out of total extent of Ac.3.70 cents in Sy.No.557 of Kanchikacherla village and Mandal, NTR District to the 3^rd respondent temple …….”

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Brief facts of the case are that the petitioner is from the family of the founders, as such the petitioner filed W.P.No.890 of 2023 to consider his representation seeking declaration as Founder Family Member. Thereafter the said writ petition was disposed of on 08.01.2023 to consider representation. As the same was not considered, the petitioner filed C.C.No.3356 of 2023. Pending the same, the Deputy Commissioner, Endowments Department issued proceedings dated 30.06.2023 rejecting the claim of the petitioner on the ground that there is no vacancy of Founder Family Member as the petitioner’s brother is functioning as FFM, challenging the same, the petitioner filed W.P.No.16989 of 2023 and the same is pending. Earlier, the petitioner filed W.P.No.6385 of 2023 for not protecting the temple land measuring Ac.3.70 cents in Survey No. 557 of Kanchikacherla village & Mandal, NTR District and the same was disposed of on 21.04.2023 on the instructions of the 2^nd respondent that action is initiated for protecting the land. Thereafter the temple has conducted the public auction on 12.05.2023 and the tenant namely one Sesham Koteswararao is cultivating the same. Without permission from the higher authorities or without knowledge of the respondent temple, a road is laid in the middle of the land occupying around Ac.0.40 cents. Complaining the same the tenant submitted representation on 25.02.20223, 25.07.2023.

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As no action is taken for restoring the land, the petitioner also submitted representation to the 2^nd respondent vide E.No.9797775/2024, dated 16.12.2024. But no action has been taken till date. Aggrieved by the same, the present writ petition has been filed.

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Heard Mr.D.V.Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Endowments, for the respondent Nos.1, 2 and 4.

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On hearing, learned counsel for the petitioner while reiterating the contents urged in the writ petition, submits that, the petitioner has made representation to the 2^nd respondent vide E.No.9797775/2024, dated 16.12.2024. But no steps have been taken till today. Therefore, learned counsel for the petitioner requests this Court to issue appropriate directions to the respondents to consider the representation dated 16.12.2024 submitted by the petitioner.

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Learned Assistant Government Pleader does not refute to the above submissions.

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On considering the submissions of both the learned counsels and upon perusing the material on record, this Court is inclined to dispose of the present writ petition, directing the respondents to dispose of the representation dated 16.12.2024 and pass appropriate orders, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order.

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