Devara Praveen Kumar, Vs The State of Andhra Pradesh

DEVARA PRAVEEN KUMAR,, S/O DEVARA JOHN, AGED ABOUT 40 YEARS, R/O D.NO. 43-18-5, BLOCK NO. 88, RCM CHURCH STREET, AJITH SINGH NAGAR, VIJAYAWADA (URBAN), NTR DISTRICT, ANDHRA PRADESH - 520015.

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PRATIPATI ASHOK KUMAR, S/O. P. DAVID, AGED ABOUT 49 YEARS, MALE, RESIDING AT 43-18-15, BLOCK NO.88, PRATIPATI VARI STREET, NEAR RCM CHURCH, AJITH SINGH NAGAR, AZITNAGAR POST, VIJAYAWADA URBAN, KRISHNA DISTRICT, ANDHRA PRADESH-520015.

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PRATIPATI MARIYAMMA, W/O. DAVID,, AGED ABOUT 69 YEARS, FEMALE, RESIDING AT 43-18-15, BLOCK NO.88, AJITH SINGH NAGAR, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH - 520015.

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BADUGU HANEESH, S/O. GOPALAM, AGED ABOUT 34 YEARS, MALE, RESIDING AT DOOR NO. 42-55-15, GANGANAMMA GUDI STREET, AJITH SINGH NAGAR, VIJAYAWADA(URBAN), KRISHNA DISTRICT, ANDHRA PRADESH - 520015.

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TIRUMALAPALLI JOSEPH RAJU, S/O. TIRUMALAPALLI NARASIMHA, AGED ABOUT 48 YEARS, MALE, RESIDING AT DOOR NO. 43-18-7, BLOCK NO. 88, AJITH SINGH NAGAR, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH - 520015.

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TIRUMANAPALLI BERNAMMA, C/O. TIRUMANAPALLI JOSEPH

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RAJU, AGED ABOUT 76 YEARS, FEMALE, RESIDING AT DOOR NO. 43-18-7, BLOCK NO. 88, AJITH SINGH NAGAR, AZITNAGAR, VIJAYAWADA (URBAN), KRISHNA DISTRICT, ANDHRA PRADESH -520015.

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NAMBURI DURGAY SUNDAR KUMAR, S/O. NAMBURI KAMALARAJU, AGED ABOUT 35 YEARS, MALE, RESIDING AT DOOR NO. 43-13-17, PANDIT COLONY, AJITH SINGH NAGAR, VIJAYAWADA (URBAN, KRISHNA DISTRICT, ANDHRA PRADESH - 520015. PETITIONER NOS. 2 TO 7 ARE IMPLEADED AS PER ORDER OF THE COURT DATED 07.07.2026 VIDE ORDER PASSED IN I.A.NO. 2 OF 2026.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522238.

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THE VIJAYAWADA MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520001.

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THE TOWN PLANNING OFFICER, VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520001.

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THE STATION HOUSE OFFICER, AJITH SINGH NAGAR POLICE STATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH - 520001.

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ROMAN CATHOLIC DIOCESE OF HYDERABAD, DECCAN SOCIETY, VIJAYAWADA, REP. BY ITS COMPETENT AUTHORITY. OWNER OF HOLY CROSS RCM CHURCH, D.NO. 43-1810A, AJITH SINGH NAGAR,VIJAYAWADA - 520015.

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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 topleased to issue a Writ Order or direction, particularly, one in the

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nature of a writ of Mandamus declaring the inaction of Respondent Nos. 2 and 3 in not stopping the illegal demolition of the Holy Cross RCM Church building bearing. D.No. 43-18-lOA, Ajith Singh Nagar, Vijayawada, being carried out by Respondent No. 5 without following the procedure established under Section 423 of the Greater Hyderabad Municipal Corporation Act, 1955. Such inaction is illegal, arbitrary and violative of the petitioners fundamental rights guaranteed under Articles 14 and 21 of the Constitution of Indiaand Consequently, direct the Respondent Nos. 2 to 4 to restrain the Respondent No.5 from proceeding with any demolition activity without safety measures and to pass

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IA NO: 1 OF 2026

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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 Respondent Nos. 2 to 4 to restrain the Respondent No.5 from proceeding with any demolition activity without safety measures, and pass order or orders in accordance with law pending disposal of the above writ petition and to pass

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IA NO: 2 OF 2026

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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 May be pleased to implead the proposed implead petitioners as petitioner Nos.2 to 7 in W.P. No.3494 of 2026 and pass

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Counsel for the Petitioner(S):

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1.PHANI VISWANATH CHALLA

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2.HARSHA VARDHANA RAO C

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP MUNCIPAL ADMN AND URBAN DEV AP

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3.BONDA RAVITEJA

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4.S.V.S.S.SIVARAM SC For VMC

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The Court made the following Order:-

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The present Writ Petition is filed questioning the inaction of respondent Nos.2 and 3 in not stopping the alleged illegal demolition of the Holy Cross RCM Church building bearing D.No.43-18-10A, Ajith Singh Nagar, Vijayawada, being carried out by respondent No.5 without following the procedure contemplated under Section 423 of the Greater Hyderabad Municipal Corporation Act, 1955, and seeking a consequential direction to respondent Nos.2 to 4 to restrain respondent No.5 from proceeding with any demolition activity without complying with the prescribed safety measures.

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Learned counsel for the petitioner submits that the petitioner is residing in a house situated adjacent to the Holy Cross RCM Church property. It is submitted that respondent No.5 commenced demolition of the Church on 04.02.2026 without obtaining prior permission or approval from respondent Nos.2 and 3. It is further submitted that the illegal demolition is likely to cause structural damage to the petitioner's property and also poses a serious threat to the petitioner, his family members, and his property. In this regard, the petitioner submitted a representation dated 04.02.2026 to respondent Nos.2 to 4.

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Learned Standing Counsel appearing for respondent Nos.2 and 3 submits that a counter affidavit has been filed stating that the petitioner's house is situated about 100 metres away from the Church premises of respondent No.5. It is submitted that, upon receipt of the petitioner's

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complaint, respondent No.2 issued a notice dated 04.02.2026 to respondent No.5 with regard to the demolition activity. Upon receipt of the said notice, respondent No.5 stopped the demolition and informed the authorities that permission would be obtained and that the statutory requirements would be complied with before undertaking any further demolition activity.

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Learned Senior Counsel appearing for respondent No.5 submits that respondent No.5 has also filed a counter affidavit. It is submitted that the Writ Petition can be disposed of in terms of the prayer sought by the petitioner. It is further submitted that respondent No.5 is willing to comply with the safeguards mandated under Section 423 of the Greater Hyderabad Municipal Corporation Act, 1955, and that the petition may be disposed of accordingly. In the counter affidavit, it is stated that respondent No.5 has submitted an application seeking permission for demolition and reconstruction of the Church and that respondent No.5 has not violated any provision of the Act. It is also stated that the petitioner is not a member of respondent No.5's Church and that the petitioner's house is not immediately adjacent to the Church premises.

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Considering the submissions made, respondent Nos.2 and 3 shall consider the application submitted by respondent No.5 seeking permission for demolition of the Church or any further application seeking permission for reconstruction of the Church. Needless to mention that respondent No.5 shall comply with the measures required to be undertaken pursuant to Section 423 of the Greater Hyderabad Municipal Corporation Act, 1955. Respondent Nos.2 and 3 shall ensure that respondent No.5 complies with the mandated safety

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requirements and the measures to be undertaken during the demolition process.

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