Sangabattuni Padmavathi Vs The State of Andhra Pradesh

The State of Andhra Pradesh, Rep. by the Principal Secretary, Municipal Administrative Department, Secretariat Buildings, At Velagapudi, Amaravathi, Andhra Pradesh.

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The District Collector, At Bapatia, Bapatia District.

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The Repalle Municipality, Rep by its Commissioner, Repalle, Bapatia District

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The Town Planning Officer, Repalle, Bapatia District.

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The Revenue Divisional Officer, Repalle, Bapatia^District.

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The Thasildhar Repalle Mandal, Repalle, Bapatia^District.

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4- 7. Poola Venkateswara Rao, S/o. Panduranga Rao, age^60years, Holy Evangelical Fellowship Welfare Society, R/o.D. No.^{13.20.31,D.No.180/A1,} Repalle, Bapatia District. 8. Kowtharapu Murali, S/o. Punnaiah, age 60 years, R/o.D. No. 13.20.31, Repalle, Bapatia District.

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...Respondents

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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 a writ, order, or direction, particularly^{oneinthenatureofa} Writ of Mandamus, declaring the action of the 2 to^{6respondentsinnottaking} action against the 7*^ Respondent for the illegal construction^{ofaChurchatD.} No. 13.20.31, Ward, Repalle Town, Repalle, Bapatia District, in a residential locality, without obtaining permission from the 2 nd and 3' respondents and G.O.Ms.No 376 dated 29-11-2012, to^{beathreattopublic} peace and order as per G.O.Ms.No. 172 dated 12-10-2010 is illegal, arbitrary, and violative of article 14 of the Constitution, as^wellas in violation of the Rules of the Layout and Building Rules and Consequently direct the respondents not to grant any permission for the construction^{oftheChurchat} D. No. 13.20.31, Ward, Repalle Town, Repalle, Bapatia^District. lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleasedto} direct the 2 to 6 respondents to stop unauthorized^{constructionofChurch} made by the 7‘^ respondent at D. No. 13.20.31, 5*''^ward, Repalle Town, Repalle, Bapatia District pending disposal of the above^{writpetition.} Counsel for the Petitioners: SMT MARELLA RADHA

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Counsel for the Respondents: GP FOR MUNICIPAL ADMN^URBANDEV Counsel for the Respondents: SRI K NARSI REDDY

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The Court made the following order:

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HN, J W.P.No.16208 2025

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APHC010243812025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3457]

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(Special Original Jurisdiction)

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TUESDAY.THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 16208/2025

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Between:

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1.SANGABATTUNI PADMAVATHI, W/0. SANKARA RAO, AGE 61 YEARS R/0. D. NO. 13-20-34, 5TH WARD, REPALLE MANDAL, GUNTUR DISTRICT.

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2.KOMMURI VIJAYA LAKSHMI,, W/0. NAGAMALLESWARA RAO,^AGE 62 YEARS R/0. 15-19-26,WARD N0.5, REPALLE TOWN, REPALLE, BAPATLA DISTRICT.

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3.JONNADULA SREE NAGARAJU,, S/0. VENKATESWARALU, AGE⁵⁶ YEARS, R/0. 5-29-59/2, WARD-5, PAMASALI STREET, REPALLE TOWN, REPALLE, BAPATLA DISTRICT.

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4.KOTHAMASU VENKATESWARA RAO,, S/O.VEERABADHRAIAH, AGE 44 YEARS, R/0. 13-21-46, WARD-5, PAMASALI STREET, REPALLE TOWN, REPALLE, BAPATLA DISTRICT

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...PETITIONER(S)

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATIVE DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

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2.THE DISTRICT COLLECTOR, AT BAPATIA, BAPATLA DISTRICT,

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3.THE REPALLE MUNICIPALITY, REP BY ITS COMMISSIONER,

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'... .t I-

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2 HN,J W.P.No.16208 2025

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REPALLE, BAPATLA DISTRICT

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4.THE TOWN PLANNING OFFICER. REPALLE, BAPATLA DISTRICT.

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5.THE REVENUE DIVISIONAL OFFICER. REPALLE, BAPATLA DISTRICT.

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6.THE THASILDHAR REPALLE MANDAL, REPALLE, BAPATLA DISTRICT.

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7.POOLA VENKATESWARA RAO, S/0. PANDURANGA RAO, AGE⁶⁰ YEARS. HOLY EVANGELICAL FELLOWSHIP WELFARE SOCIETY, R/O.D. NO. 13.20.31, D.NO. 180/A1, REPALLE, BAPATIA^DISTRICT.

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8.KOWTHARAPU MURALI, S/0. PUNNAIAH, AGE 60 YEARS R/O.D. NO. 13.20.31, REPALLE, BAPATIA DISTRICT

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...RESPONDENT(S):

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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 tobe pleased to issue a writ, order, or direction, particularly one in the nature of a Writ of Mandamus, declaring the action of the 2 to 6 respondents in not taking action against the for the illegal construction^{ofaChurchatD.} No. 13.20.31, 5th Ward, Repalle Town, Repalle, Bapatia District, in a residential locality, without obtaining permission from the 2nd and 3rd respondents and G.O.Ms.No 376 dated 29-11-2012, to be a threat to public peace and order as per G.O.Ms.No. 172 dated 12-10-2010 is illegal, arbitrary, and violative of rticle 14 of the Constitution,^{aswellasinviolationof} the Rules of the Layout and Building Rules and Consequently^directthe respondents not to grant any permission for the construction^{oftheChurchat} D. No. 13.20.31, 5th Ward, Repalle Town, Repalle, Bapatia District and pass such

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the 2 to 6 respondents to stop unauthorized construction of Church made by the 7th respondent at^{D.No.13.20.31,5th} ward, Repalle Town, Repalle, Bapatia District pending disposal of the above writ petition and pass such

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C*

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HN, J W.P.No.16208 2025

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Counsel for the Petitioner(S):

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1.MARELLARADHA

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Counsel for the Respondent(S):

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1.GP FOR MUNCIPALADMN URBAN DEV

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2.KNARSI REDDY

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HNJ W.P.No.16208 2025

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 16208 of 2025

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ORDER:

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This Court, on 07.07.2025, while admitting the present writ petition. issued notice to respondent Nos.7 and 8 and further directed the respondent authorities to consider the representations/objections^{oftheresidentsofthe} locality where respondent Nos.7 and 8 were allegedly proceeding with the construction of a church and conducting prayers, causing^{inconvenienceto} the public. It is submitted that respondent Nos.7 and^8could not have converted residential houses into a church without obtaining permission, nor would they have started construction of the proposed^{churchwithoutsuch} permission.

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The learned Standing counsel appearing for respondent^Nos.3and4 submits that as of the date, the respondents have not received any application seeking permission for the construction of a church. They have issued a notice on 11.04.2025 calling upon respondent No.7 to stop construction. The interim direction of this Court on 07.07.2025 directed the respondent authorities to consider the representations/objection^s of the petitioners and others, and also extended the opportunity to hear respondent Nos.7 and 8. Until a decision is arrived at, no further activity shall be carried on the said premises, including any construction activity.

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nw, j W.P.No.16208 2025

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The learned counsel appearing for respondent Nos.7 and 8 submits that as of now, the respondent authority has not passed any order and requests this Court to direct the respondent authorities to dispose the representations/objections received within a time-bound manner.

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Considering the submissions of the learned counsel for the petitioners and the learned counsel appearing for the respondents, the present writ petition is disposed off by directing respondent No.3 to duly consider the representations/objections received from the petitioners and 56 others who have submitted representations through PGRS, and pass necessary orders after extending an opportunity of hearing to the petitioners and the respondent Nos.7 and 8 as well. At any rate, respondent No.3 shall dispose off the representations within a period of two (02)^{monthsfromthedateofthe} receipt of this order.

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In the meanwhile, it is made clear that no activity shall be carried out by respondent Nos.7 and 8 on the subject land. There shall^{benoorderasto} costs.

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As a sequel, miscellaneous applications, pending, if any, shall stand closed.

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY^EGiSTRAR FFICER SECTIO

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To,

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The Principal Secretary, Municipal Administrative Department, State of Andhra Pradesh, Secretariat Buildings, At Velagapudi, Amaravathi, Andhra Pradesh.

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