APHC010221992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 11802/2026 Between: 1. CALVARY TEMPLE, NEAR AUTO NAGAR, KUNCHANAPALLE VILLAGE, TADEPALLIGUDEM MANDAL, EAST GODAVARI DISTRICT, REP. BY ITS AUTHORIZED SIGNATORY P.L. ENOCH, S/O SAMUEL LAZARUS, AGED ABOUT 57 YEARS ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI-522238 2. THE DISTRICT COLLECTOR AND MAGISTRATE, WEST GODAVARI DISTRICT, BHIMAVARAM.534202 3. THE KUNCHANAPALLE GRAM PANCHAYAT, REP., BY ITS PANCHAYAT SECRETARY, KUNCHANAPALLE VILLAGE, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.534101 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in granting approval to the petitioner to carry out religious activities as is required under Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and the consequential action 2 SRK, J WP.No.11802 of 2026 of the respondent No.3 in obstructing to carry out the religious activities by issuing notice, dated 16.04.2026 and calling upon the petitioner to produce the approval from the respondent No.2 as arbitrary, illegal, discriminatory, colorable exercise of power and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 and 25 of the Constitution of India and consequently direct the respondent No.2 to grant approval enabling the petitioner to carry out its religious activities as is required under Rule, 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and pass IA NO: 1 OF 2026 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 respondent No.3 not to interfere with petitioner’s religious activities, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 SRK, J WP.No.11802 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in granting approval to the petitioner to carry out religious activities as is required under Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and the consequential action of the respondent No.3 in obstructing to carry out the religious activities by issuing notice, dated 16.04.2026 and calling upon the petitioner to produce the approval from the respondent No.2 as arbitrary, illegal, discriminatory, colorable exercise of power and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19, 21 and 25 of the Constitution of India and consequently direct the respondent No.2 to grant approval enabling the petitioner to carry out its religious activities as is required under Rule, 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 and pass such other order…” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Panchayat Raj and the learned Standing Counsel for Gram Panchayat. 3. Case of the petitioner, in brief, is that the petitioner constructed a building on land admeasuring Ac.0.59 cents in Sy.No.300-2A, Ac.0.22 cents in Sy.No.300-2B1, Ac.0.10 cents in Sy.No.300-2B2, Ac.0.39 cents in Sy.No. 300-3, Ac.0.42 cents in Sy.No.300-6, Ac.1.28 cents in Sy.No.307-1A, Ac.0.57 cents in Sy.No.308-3, and Ac.1.475 cents, totaling an extent of Ac.5.045 cents situated in Kunchanapalli Revenue Village, Tadepalligudem Mandal, West Godavari District, after obtaining a Land Conversion Certificate from the Revenue Divisional Officer, Tadepalligudem Revenue Division, West Godavari District, vide proceedings in Roc.No.174/LC/2024/SA, dated 16.03.2024, and the necessary approval from the Eluru Urban Development Authority under 4 SRK, J WP.No.11802 of 2026 the provisions of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 (for short, "the Act, 2016") strictly in accordance with the permissions granted by the Eluru Urban Development Authority. 4. The grievance of the petitioner is that an application was initially submitted for construction of a main hall, and the respondent authorities granted the necessary approval. Pursuant thereto, the petitioner submitted another application dated 11.03.2026 to the District Collector-Respondent No.2 seeking permission to conduct prayer meetings and approval for change of the usage classification. 5. Learned counsel for the petitioner submits that, though the application was submitted by the petitioner on 11.03.2026, Respondent No.2 has not passed any orders thereon. According to him, Rule 26 of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 mandates that any application submitted before Respondent No.2 shall be disposed of within a period of thirty (30) days from the date of its receipt. In the present case, despite the application having been submitted on 11.03.2026, Respondent No.2 has not passed any orders thereon till date. He further submits that the petitioner has also submitted a representation to Respondent No.2 requesting that, since the application has not been disposed of within the prescribed period of thirty days, the petitioner may be permitted to conduct prayers in the said meeting hall until appropriate permission is granted. 6. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on written instructions dated 05.05.2026, submits that, in respect of the petitioner's application dated 11.03.2026, Respondent No.2 has appointed the District Panchayat Officer as the Enquiry Officer to conduct an enquiry and submit a report to enable Respondent No.2 to take further action. 5 SRK, J WP.No.11802 of 2026 7. A perusal of the written instructions discloses that proceedings dated 05.05.2026 were issued appointing the District Panchayat Officer to conduct an enquiry. However, learned counsel for the petitioner submits that, despite the said direction, no enquiry has been conducted by the District Panchayat Officer till date. 8. In view of the above, the District Panchayat Officer, West Godavari District, is directed to conduct an enquiry into the subject matter within a period of six (6) weeks from the date of receipt of a copy of this order and submit a report to Respondent No.2. Upon receipt of the said report, Respondent No.2 shall consider and pass appropriate orders on the petitioner's application dated 11.03.2026, as expeditiously as possible. 9. Accordingly, the Writ Petition is disposed of. There shall be no orders as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. _____________________________ JUSTICE K. SREENIVASA REDDY Date: 16.07.2026. MS 6 SRK, J WP.No.11802 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No:11802 of 2026 Date: 16.07.2026 MS