Andhra Pradesh High Court - Amravati
Singuluri Venkata Rama Rao vs The State Of Andhra Pradesh on 1 December, 2022
Bench: Tarlada Rajasekhar Rao
1
HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 8013 of 2022
ORDER:
The present writ petition is filed by the petitioners to
declare the action being arbitrary and illegal, as the respondent
Nos. 2 to 6 have not taken steps to stop the unauthorized
construction of temple in public place covered by Sy.No.292/7
(Godavari Yeligattu) and Sy.No.292/5 (Road Prakkilanka-
Maturu State Highway) of Vegeswarapuram Village, Tallapudi
Mandal, West Godavari District by the respondent Nos. 8 and 9.
The respondent Nos. 8 and 9 herein has laid a pile
foundation, unauthorizedly to construct a temple in road margin
in the land belongs to R&B Department and also land belongs to
Water Resource Department and the petitioners along with all
the villagers objected this unauthorized construction and
objected the laying of idol in the said pile foundation. Despite
the objections made by the villagers, the respondent Nos. 8 and
9 has forcibly constructed the pile foundation in public place.
The petitioners herein have made a representation to
respondent authorities to take action against the respondent
Nos. 8 and 9 for the removal of the pile foundation constructed
by the respondent Nos. 8 and 9. Having no actions taken by the
respondents, petitioner was constrained to file this Writ
Petition.
This Court by an order dated 31-03-2022, directed the
respondent Nos. 8 and 9, to stop all further construction in the
land in Sy.Nos.292/5 and 292/7 of Vegeswarapuram Village,
Tallapudi Mandal, West Godavari District .
Further directed the respondent Nos. 2 and 3 to conduct
survey to demarcate the road margins with the assistance of
respondent No.5, in the presence of the petitioners or their
representatives and directed them to place the survey report
before this Court.
As per the direction of this Court by an order dated
31.03.2022, the respondent Nos. 2 and 3 have undertaken the
survey with the assistance of respondent No.5, and in the
presence of petitioners and a copy of survey report dated
22.04.2022, is placed before this Court. This survey report
categorically indicates that the land belongs to R&B Department
and the respondent Nos. 8 and 9 herein have encroached 9.66
sq. yards in Sy.No.292/5 and 3.78 sq. yard in Sy.No.292/7 which
belongs to AGRB Department and in total of 13.44 sq.yards have
been encroached by the respondent Nos. 8 and 9.
Mr. Madhavarao Nalluri filed a vakalat on behalf of
respondent Nos. 8 and 9 . Learned counsel for the respondent
Nos. 8 and 9 would submit that the respondent Nos. 8 and 9
have not encroached the road , it is only the road margin.
Learned counsel for the petitioners would submit that a
similar case, the Apex Court in Union Of India Vs. State of
Gujarat and Others, passed an interim direction. Directing the
authorities to ensure that no unauthorized construction shall be
carried out or permitted in the name of Temple, Church, Mosque
and Gurudwara etc. on public streets, public parks or public
places etc.
The Apex Court further directed that, if any constructions
have already taken place to review the same and take
appropriate steps as expeditiously as possible.
Learned counsel for the petitioner relied on G.O.M.S.
No.188 dated 21.07.2021 and the said G.O. was issued directing
the respective Grama Panchayats to protect the Grama
Panchayat by managing and reviewing the same periodically.
Admittedly a survey was conducted and it was found that
respondents have constructed a pile foundation on the public
property in an extent of 13.44 sq.yards, to install/erect a statue
of deity.
As per the judgment of the Apex Court no statue or idol of
a Temple, Church, Mosque and Gurudwara shall not be
constructed in the public place without obtaining permission
from the concerned authorities, the respondent Nos. 8 and 9
have laid the pile foundation for erection of statue of deity.
Considering the submissions made by the petitioners this
Court inclined to direct the respondent Nos. 8 and 9 to remove
the pile which was constructed to erect a statue of deity, failing
to do so the authorities here by, directed to remove the pile
foundation, if necessary by the aid of police. The said process
shall be completed within a period of two (2) months from the
date of this order.
Accordingly, the writ petition is disposed of. No order as
to costs.
Consequently, miscellaneous petitions, if any, pending in
the writ petition shall stand closed.
TARLADA RAJASEKHAR RAO, J
1st December, 2022.
MH
HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
Writ Petition No.8013 of 2022
(disposed of)
1st December, 2022
MH
