APHC010174412019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7516/2019 Between: 1. ASU ESWAR NARASIMHA MURTHY, S/O.SRI A.VENKAIAH HINDU, AGED 52 YEARS, OCC BUSINESS R/O.D.NO.3-166, KAKILERU VILLAGE PENUGONDA MANDAL, W.G.DISTRICT ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT A.P.SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, (PANCHAYAT WING) WEST GODAVARI DISTRICT, ELURU, AP 3. THE KAKILERU GRAMPANCHAYAT, REP.BY ITS SPECIAL OFFICER/TAHSILDAR OF IRAGAVARAM, KAKILERU, IRAGAVARAM MANDAL WEST GODAVARI DISTRICT, AP 4. THE LAYMENS EVANGELICAL FELLOWSHIP, REGD.NO.30/62, 9-B, NUNGAMBAKKAM HIGH ROAD CHENNAI - 600 034 TAMILNADU STATE, REP.BY ITS PRINCIPAL SECRETARY JOHN DANIEL S/O.JOSHUA DANIEL ...RESPONDENT(S): 2 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 toto issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2 and 3 in not restraining the 4th respondent from constructing a church/prayer hall in an extent of 218 Sq.Yards in R.S.No. 152/7 at Door No.3-66 of Kakileru Village, Iragavaram Mandal, West Godavari District, Andhra Pradesh without any permission and without any power or authority as highly illegal, arbitrary and contrary to law and consequently direct the respondents 2 and 3 to restrain the 4th respondent from proceeding with the unauthorized and illegal construction of a church at Door No.3-66, in R.S.No. 152/7 of Kakileru Village, Iragavaram Mandal, West Godavari District, AP IA NO: 1 OF 2019 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 2 and 3 not to allow the 4 respondent to proceed with the construction of a church/prayer hall at Door No. 3-66, in R.S.No. 152/7 of Kakileru Village, Iragavaram Mandal, West Godavari District, AP pending disposal of the above writ petition Counsel for the Petitioner: 1. TURAGA SAI SURYA Counsel for the Respondent(S): 1. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 2. P S P SURESH KUMAR 3. K K DURGA PRASAD 4. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7516/2019 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the respondents 2 and 3 in not restraining the 4th respondent from constructing a church/prayer hall in an extent of 218 Sq. Yards in R.S.No.152/7 at Door No.3-66 of Kakileru Village, Iragavaram Mandal, West Godavari District, Andhra Pradesh without any permission and without any power or authority as highly illegal, arbitrary and contrary to law and consequently direct the respondents 2 and 3 to restrain the 4th respondent from proceeding with the unauthorized and illegal construction of a church at Door No.3-66 in R.S.No.152/7 of Kakileru Village, Iragavaram Mandal, West Godavari District, A.P. and pass such other order or orders…” 2. Heard learned counsel for the petitioner and learned Government Pleader for Panchayat Raj and Rural Development for the respondent and learned Standing Counsel for Gram Panchayat appearing for the respondents. 3. The case of the petitioner herein is that the petitioner herein is the owner and possessor of the house bearing D.No.3-166 situated in R.S.No.152/7 of Kakileru Village, Iragavaram Mandal having acquired the 4 same through a registered partition deed dated 01.05.2014. The respondent No.4 herein acquired 218 Sq.yds in R.S.No.152/7 through a gift deed dated 29.08.2017. While so, respondent No.4 without obtaining any permission/ approval started construction of a church upon the said site, which is adjacent to the petitioner’s house. The proposed construction is made with an intention to secure funds from the public for such construction. If such construction is permitted in the midst of residential area, it may case disturbance and nuisance to the neighbouring people. For which, the petitioner along with some other neighbours made a complaint/ representation to respondent Nos. 2 and 3 requesting not to allow respondent No.4 to make such construction in the absence of any valid permission/ approval as per law. But for the reasons best known to them, respondent Nos. 2 and 3 did not restrain the respondent No.4 from constructing the said prayer hall/ church. Aggrieved by the same, the petitioner herein filed the present writ petition. 4. On the other hand, learned counsel for the respondent Nos. 2 and 3 submits that pending the writ petition, pursuant to the complaint/ representation submitted by the petitioner, respondent Nos. 2 and 3 acted upon and stopped the construction of the subject church/ prayer hall, which is being constructed without there being any valid prior approval / permission. He further submits that even today no construction is being allowed by respondent Nos. 2 and 3 herein. He also submits that if at all the respondent 5 No.4 intend to make any further construction, he should get valid permission/ approval as contemplated under Section 121 of Andhra Pradesh Panchayat Raj Act, 1994 as well as the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 (hereinafter referred to as ‘Building Rules, 2002). 5. Learned counsel for unofficial respondent/ respondent No.4 reiterated the contention made by the learned counsel for the respondents that the respondent No.4 stopped the construction of the church/ prayer hall pursuant to the compliant/ representation made by the petitioner. He further submits that if the respondent No.4 intend to proceeded with the construction, the same will be proceeded after having valid permission/ approval in accordance with law. 6. Having regard to the submissions made by the learned counsel for the petitioner and learned counsel for the respondents and on perusal of the material placed on record, it appears that respondent Nos. 2 and 3 stopped the illegal construction made by respondent No.4 since there is no valid permission/ approval. 7. In view of the foregoing discussion, the writ petition is disposed of, directing respondent Nos.2 and 3 not to permit respondent No.4 to proceed with the construction of church/ prayer hall. If the respondent No.4 intend to 6 make any further construction, he is at liberty to proceed further after obtaining valid permission/ approval from the competent authority i.e,. respondent No.2 herein as per Section 121 of the Andhra Pradesh Gram Panchayat Act, 1994 and as per Rule 26 of the Building Rules, 2002. It is made clear that the respondent No.4 cannot be proceeded with the construction, without there being any valid permission. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.08.2025 BSP 7 176 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7516 of 2019 18.08.2025 BSP