V. NAGESWARA RAO Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Petition is filed seeking Writ of Mandamus declaring the proceedings of the District Collector in e-filing No.315801/2020/A3, dated -08-2020, by which he allowed the construction of Christian Community Hall as illegal, arbitrary etc.

(2.) This Court has heard Sri G. Ramgopal, learned counsel for the petitioners and Sri ShaikKarimulla, learned counsel appearing for the unofficial respondent. The learned Government Pleader for Panchayat Raj and the learned Standing Counsel for the 3rd respondent adopted the arguments that were advanced by the learned counsel for the 5th respondent.

(3.) The petitioners before this Court are the residents of Ramanayyapeta Gram Panchayat near Kakinada. The 5th respondent was the owner of a house, which was constructed with prior approval. However, it is argued that now the 5th respondent applied to the Panchayat seeking permission to construct a Church. This permission, which was issued in August, 2020, is the subject matter of this Writ. The petitioners submit that they have no objection if a residential house is constructed, but they have an objection if a community hall for a religious purpose is constructed in the middle of their colony. They have submitted representations dated 18.05.2020, 22.06.2020, 25.06.2020. These representations were also submitted to the District Collector, the Superintendent of Police etc. Despite these representations, the District Collector has passed an order directing the Panchayat Secretary to accord permission for the proposed construction of the Church. Learned counsel for the petitioners drew the attention of this Court to various representations which were submitted prior to the issuance of this impugned order. The learned counsel for the petitioners submits that the Panchayat has also issued a notice dated 18.05.2020 to the 5th respondent informing him that there are deviations in construction as per the approved plan, and that now contrary to the same the 5th respondent is now attempting to construct a Community Hall and a Church. Learned counsel relies upon the Andhra Pradesh Gram Panchayat Land Development (Layout and Building) Rules, 2002 to argue that places of worship for religious purpose should at least 100 mtrs., away from other existing places of worship, and the statutory norms regarding the norms should be adhered to. He also essentially relies upon G.O.Ms.No.376 dated 29.11.2012 in which the provision is as follows: