Sri Chandra Mouleswara Swamy Temple Development v. The State Of Andhra Pradesh Rep By Its Principal Secretary

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 39524 of 2016 Order:

The Temple Development Committee of Sri Chandramouleswara Swamy Temple represented by its President filed the present Writ Petition challenging the action of the respondents 3 to 6 in entering into the private patta lands in Survey No.332 and obstructing the temple development activities.

A counter affidavit is filed now by the respondents 1, 2, 5 and 6 stating that the respondent police authorities have nothing to do with the ownership and enjoyment of the land, functioning and management of the affairs of the temple in question situated in Survey No.332, Adoni town, Kurnool district, nor they have interfered with the development work of the said temple as alleged in the writ petition. However, it is stated that since there were communal disputes in respect of the land in Survey No.293/17, Kota Aswatha Nagar, Adoni town, where Basavanna Gudi, Chandramouleswara Swamy Temple and Murthuja Khadri Darga are situated, crimes were registered. After completion of the investigation, charge sheet was also filed on 15.10.2016 against 30 persons and the same is pending before the Judicial Magistrate of First Class, Adoni.

In order to prevent further incidents, a case in Crime No.254 of 2013 was registered on 09.08.2013 under Section 145 Cr.P.C and a report dated 09.08.2013 was filed before the Mandal Executive Magistrate, Adoni to issue Section 145 Cr.P.C proceedings. Accordingly, the Mandal Executive Magistrate, Adoni issued notice on 09.08.2013 directing both the parties to appear before him along with relevant documents. Except the above, there is no interference in the land as alleged by the petitioner.

Recording the said statement made in the counter affidavit, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 25.01.2017 Nsr