IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.13312 of 2009 Between: 1 Chaganti Rambabu S/o. Narsayya R/o. East Khaqmbampadu Village, Mundlamuru Mandal, Prakasam District. 2 Gorantla Seethamma W/o. Brahmayya R/o. East Khaqmbampadu Village, Mundlamuru Mandal, Prakasam District. ..... PETITIONERS AND 1 State of A.P., Rep. by its Principal Secretary to Secretariat, Saifabad, Hyderabad. 2 The Superintendent of Police, Prakasam District. 3 The Station House Officer, Mundlamuru P.S., Prakasam District. 4 East Khambampadu Grampanchayat Rep. by its Executive Authority - cum-Panchayat Secretary, East Khambampadu Village, Mundlamuru Mandal, Prakasam District .....RESPONDENTS Counsel for the Petitioners: MR.R.C.S.P.GHANTA FOR MR.NIMMAGADDA SATYANARAYANA Counsel for Respondent Nos.1 to 3: AGP FOR HOME Counsel for Respondent No.4: ----- The Court made the following : ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.2 and 3, in seeking to prevent the petitioners from constructing Poleramma Temple in the land belonging to petitioner No.2 in R.S.No.188/1 of East Khambampadu Village, Mundlamuru Mandal, Prakasam District, and also in preventing the petitioners from shifting Boddurai (Stone) from the center of the tri-junction in front of Sri Rama Temple of East Khambampadu Village, as illegal and unconstitutional. In the counter-affidavit filed by respondent No.3, it is stated that one Goruntla Anjaneyulu and others, who are the residents of East Khambampadu Village, submitted representation, dated 15-06-2009, to the Sub-Divisional Police Officer, Darsi, stating that some local leaders belonging to one Political party are constructing Poleramma Temple and shifting ‘Nabhe’ stone from its original place to another place in Dakshnayanam period, which was not perceived to be good for the villagers, and made request for maintenance of peace and tranquility in the Village; that the said representation was endorsed to the then Sub-Inspector of Police, Mundlamuru Police Station, for taking necessary action; that accordingly, respondent No.3 secured the presence of the Village elders from both sides and advised them to conduct Grama Sabha; that Respondent No.3 also addressed letter to the Tahsildar, Mundlamuru Mandal, on 08-07-2009 to take necessary action under Section 145 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) as Law and Order problem was anticipated and; that the same is pending. Respondent No.3 denied the allegation that at the instigation of the MLA, respondent Nos.2 and 3 stopped construction of Poleramma Temple. He averred that neither of the said respondents interfered with or stopped construction of Poleramma Temple at any point of time. The contents of the counter-affidavit referred to above show that there are two warring groups in the Village and anticipating breach of peace, proceedings under Section 145 Cr.P.C. were initiated by the Tahsildar, Mundlamuru Mandal. Respondent No.3 has denied the allegations of Police interference. In view of pendency of proceedings under Section 145 Cr.P.C., no specific direction pertaining to removal of Nabhe stone can be granted by this Court on the existing set of facts of the case at this juncture. As regards construction of Poleramma Temple, respondent No.3 has categorically stated that the Police are not interfering therewith. Therefore, in that regard, the petitioners cannot have any grievance. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, WPMP.No.17288 of 2009 filed by the petitioners for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 17th July, 2009 lur