MALLADI SHYAM SUNDAR RAO v. THE STATE OF ANDHRA PRADESH
WP/26990/2025 · 2025-12-22
Ravi Cheemalapati
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53241 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53241 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010524542025
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between:
1. MALLADI SHYAM SUNDAR RAO, S/O.MALLADI KRISHNA MURTHY, AGED 50 YEARS, HINDU, RESIDING AT D.NO 27 COLONY, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM. 2. ADARI BHASKARA RAO, S/O.ADARI KANNA RAO, AGED 48 YEARS, HINDU, RESIDING AT DOOR NO 65 SRIHARIPURAM, VISAKHAPATNAM. 3. DIVI BHANUMATHI, W/O.DIVI RAMAKRIHSHMACHARYULU, AGED 65 YEARS. RESIDING AT DOOR NO 1 STREET, WARD NO.8, NAZARPET, TENALI, GUNTUR DISTRICT. 4. SURYAPRABHA PATRO, W/O.GIRIJA SHANKAR PATRO, AGED 66 YEARS, HINDU, RESIDING AT DOOR NO 51 NO.303,
CHEKURI MANSIONS, K.R.M.COLONY, SEETHAMADHARA, VISAKHAPATNAM. 5. BASHYAM RAMESH BABU, S/O.BASHYAM VENKATARAMACHARYULU, AGED ABOUT 65 YEARS. AT DOOR NO. 18 VISAKHAPATNAM. 6. GULLA DALI NAIDU, S/O.GULLA RAMUNAIDU, AGED ABOUT 53 YEARS. RESIDING AT DOOR NO.24 PEDAGANTYADA, VISAKHAPATNAM. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26990/2025 MALLADI SHYAM SUNDAR RAO, S/O.MALLADI KRISHNA MURTHY, AGED 50 YEARS, HINDU, RESIDING AT D.NO 27-3-124/1, OFFICIAL COLONY, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM. ADARI BHASKARA RAO, S/O.ADARI KANNA RAO, AGED 48 YEARS, RESIDING AT DOOR NO 65-6-734/A, HIMACHAL NAGAR, SRIHARIPURAM, VISAKHAPATNAM. DIVI BHANUMATHI, W/O.DIVI RAMAKRIHSHMACHARYULU, AGED 65 YEARS. RESIDING AT DOOR NO 1-6-42, PURUSHOTHAMAVARI STREET, WARD NO.8, NAZARPET, TENALI, GUNTUR DISTRICT. YAPRABHA PATRO, W/O.GIRIJA SHANKAR PATRO, AGED 66 YEARS, HINDU, RESIDING AT DOOR NO 51-8-40 NO.303,
CHEKURI MANSIONS, K.R.M.COLONY, SEETHAMADHARA, VISAKHAPATNAM. BASHYAM RAMESH BABU, S/O.BASHYAM VENKATARAMACHARYULU, AGED ABOUT 65 YEARS. AT DOOR NO. 18-56, H.B.COLONY, POTHINAMALLAYAPALEM, VISAKHAPATNAM. GULLA DALI NAIDU, S/O.GULLA RAMUNAIDU, AGED ABOUT 53 YEARS. RESIDING AT DOOR NO.24-104-9, GONTHINAVANIPALEM, PEDAGANTYADA, VISAKHAPATNAM. IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MALLADI SHYAM SUNDAR RAO, S/O.MALLADI KRISHNA MURTHY, 124/1, OFFICIAL COLONY, SRI NAGAR, GAJUWAKA, VISAKHAPATNAM. ADARI BHASKARA RAO, S/O.ADARI KANNA RAO, AGED 48 YEARS, 734/A, HIMACHAL NAGAR, DIVI BHANUMATHI, W/O.DIVI RAMAKRIHSHMACHARYULU, AGED 42, PURUSHOTHAMAVARI STREET, WARD NO.8, NAZARPET, TENALI, GUNTUR DISTRICT. YAPRABHA PATRO, W/O.GIRIJA SHANKAR PATRO, AGED 66 40-19/11, FLAT NO.303,
CHEKURI MANSIONS, K.R.M.COLONY, BASHYAM RAMESH BABU, S/O.BASHYAM VENKATARAMACHARYULU, AGED ABOUT 65 YEARS. RESIDING 56, H.B.COLONY, POTHINAMALLAYAPALEM, GULLA DALI NAIDU, S/O.GULLA RAMUNAIDU, AGED ABOUT 53 9, GONTHINAVANIPALEM,
...PETITIONER(S) AND
1.
THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND URBAN DEVELOPMENT
SECRETARIAT, VELAGAPUDI, ARNARAVATI
2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 3. THE BONDEPALLI GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, BONDEPALLI VILLAGE, VIZIANAGARAM DISTRICT
4. THE TAHSILDAR, BONDEPALLI MANDAL,
BONDEPALLI, VIZIANAGARAM DISTRICT. 5. SMT BOUROTHU SWATHI, W/O.NADANGANA ANIL KUMAR, AGED ABOUT 38 YEARS. RESIDING AT BANDARU STREET, NEAR RAMALAYAM, BONDAPALLI VILLAGE, VIZIANAGARAM DISTRICT.
...RESPONDENT(S): 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 topleased to issue order, writ or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2nd respondent in allowing the construction of a place of worship, more particularly a church at Plot No.45 of Sai Krupa Nagar Layout at Sy.Nos.528/12, 13, 14, 15, 16, 23, 24, 29, 30, 31 and 32 of Bondapalli Village and Mandal, Vizianagaram District as being illegal, arbitrary, highhanded, violative of Rule 26 of the A.P. Gram Panchayat Land Development (Layout and Building) Rues, 2002 and unconstitutional and consequently direct the 2nd respondents not to allow construction of a place of worship at plot no 45 of Sai Krupa Nagar Layout at Sy.Nos.528/12, 13, 14, 15, 16, 23, 24, 29, 30, 31 and 32 of Bondapalli Village and Mandal, Vizianagaram District and to pass IA NO: 1 OF 2025 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
pleased to direct the respondents to not to allow constructions, in gross violation of Rule 26 of the A.P. Gram Panchayat Land Development (Layout and Building) Rues, 2002 pending disposal of the above writ petition and to pass IA NO: 2 OF 2025 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 pleased to direct the respondents to consider the representations dated 21.07.2025 and 20.08.2025, made by the petitioners pending disposal of the above writ petition and to pass Counsel for the Petitioner(S):
1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
3. NAGA PRAVEEN VANKAYALAPATI The Court made the following:
ORDER
The grievance of the petitioners is that respondent no.2 is allowing construction of a place of worship-church, at Plot No.45 of Sai Krupa nagar Layout at Survey Nos.528/12, 13, 14, 15, 16, 23, 24, 29, 30, 31 & 32 of Bondapalli village and Mandal, Vizianagaram District, which is violative of Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002.
2. Heard Ms. Jahnavi, learned counsel, representing Sri Meka Rahul Chowdry, learned counsel for the petitioner, Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue and Sri Naga Praveen Vankayalapati,
learned counsel for respondent no.5.
3. Ms.Jahnavi, learned counsel for the petitioner, while reiterating the contents of the writ affidavit would contend that construction of any worship place without obtaining necessary permission is contrary to law and despite bringing it to the notice of the authorities about construction of church by respondent no.5, they did not take any action. Accordingly, prayed to allow the writ petition.
4. Sri Balakrishna, learned Assistant Government Pleader for Panchayat Raj, and Sri Chandrasekhar, learned Assistant Government Pleader for
Revenue, would submit that the unofficial respondent did not obtain any permission for construction of a church and authorities would take steps if a church was constructed without obtaining necessary permissions.
5. Sri Naga Praveen Vankayalapati, learned counsel for respondent no.5 would submit that the respondent no.5 after obtaining necessary permission from the authorities is constructing a building, which is not meant for running a church as alleged by the petitioners.
6. Respondent no.5 is constructing a building in the subject site for using the same for running a church is the grievance of the petitioners.
Learned counsel for respondent no.5 denied the allegation made by the petitioners and submitted that respondent no.5 by obtaining permission from the authorities is constructing a building for residential purpose.
7. In view of the submission made by learned counsel for respondent no.5 that the building being constructed is not meant for Church and as the learned Assistant Government Pleaders for Panchayat Raj and Revenue submitted that the authorities would take action if the subject building is used as place of worship without obtaining necessary permissions, this writ petition can be disposed of.
8. Accordingly, the writ petition is disposed of, directing the authorities to take necessary steps if the subject building is used as a place of worship
without obtaining necessary permissions from the authorities. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
JUSTICE RAVI CHEEMALAPATI DATED 23rd day of December, 2025.
RR