The central legal point established in the judgment is the requirement of prior approval from the Collector for construction of a building for public worship, as per Rule 26 of the A.P.Gram Panchayat Land Development (Layout & Building) Rules, 2002, and the necessity of conducting a proper enquiry before granting such approval.

ORDER :

The W.P.No.26786 of 2022 is filed questioning the action of the respondent No.1 therein (APCRDA, represented by its Commissioner) in not granting permission for the construction of the Church on the application dated 04.09.2018.

2. The W.P.No.24405 of 2016 is filed questioning the action of the respondents therein in interfering with the peaceful possession and enjoyment of the petitioner No.1’s land and prayer house of the petitioner No.2 and unilaterally trying to dispossess the petitioner No.1 therein admeasuring Ac.4-25 cents by demolishing and evicting the petitioner No.2 therein from the prayer home in Survey No.172/2, Raypudi Village, Tullur Mandal, Guntur District in spite of the representation dated 05.07.2016.

3. The W.P.No.33202 of 2018 is filed questioning the action of the respondent Nos.3 and 5 therein in not taking steps to stop the illegal constructions done by the respondent Nos.6 and 7 therein in S.No.172/2 of Veerapanenipalem, Rayapudi Village, Tullur Mandal, Guntur District.

4. The W.P.No.36811 of 2018 is filed questioning the action of the respondent No.2 therein in processing the proposal for construction of a Church in Survey No.172/2 of Rayapudi village, Tullur Mandal, Guntur District in R.C.No.2059/2018-E1, dated 27.09.2018, on the ground that it is contrary to Rule 26 of the A.P.Gram Panchayat Land Development (Layout & Building) Rules, 2002.

5. The petitioners in W.P.No.26786 of 2022 and W.P.No.24005 of 2016 are the respondent Nos.7 and 8 respectively in W.P.No.33202 of 2018 and the respondent Nos.11 and 10 respectively in W.P.No.36811 of 2018.

6. The learned senior counsel appearing for the petitioners in W.P.No.26786 of 2022 and W.P.No.24405 of 2016 submit that the petitioner No.1 is the absolute owner and possessor of the land in an extent of Ac.5-00 in S.No.172/2 of Rayapudi village which was acquired by the Land Acquisition Officer, Rayapudi vide proceedings in Rc.No.62/2015/Rayapudi dated 19.04.2017 for the purpose of laying the seed access road which goes across the church building constructed by the petitioner No.2 pursuant to the above said gift of the petitioner No.1.

7. Since the existing church building has been lost in the acquisition, the petitioner No.1 executed another gift deed vide document No.4022 of 2018 dated 01.08.2018 in favour of the petitioner No.2 for construction of a new church besides the existing Church in an extent of Ac.0-25 cents. Then the petitioner No.2 made an application on 04.09.2019 for issuance of “no objection certificate” by the respondent No.2 (The District Collector, Guntur). Then the said respondent issued no objection vide proceedings in Rc.No.2059/2018-E1 dated 27.09.2018 to construct the Church adjacent to the existing church in the land belonging to the petitioner No.1 in an extent of Ac.0-25 cents exempting the same from the land pooling scheme.

8. There is an interim order in I.A.No.1 of 2018 in W.P.No.33202 of 2018 dated 14.09.2018 as under:

“Unless the respondent Nos.6 and 7 obtained permission from the District Collector to make construction of a church in the said property, the respondent Nos.1 to 5 shall not permit such construction by respondents.”

9. The petitioners herein filed vacate stay petition to vacate the above said interim orders dated 14.09.2018 in the above said writ petition stating that the petitioners herein did not start the construction of Church as on 14.09.2018 and the respondent No.3 therein that is the District Collector issued no objection certificate on 27.09.2018 and fire services department also issued clearance certificate dated 27.09.2018 permitting the petitioners herein to construct the Church.

10. Another interim order was passed in I.A.No.2 of 2018 in W.P.No.36811 of 2018 dated 12.10.2018 by this Court as under:

“The petitioners contend that respondent Nos.10 and 11 are proceeding to make construction in the land in S.No.172/2 Rayapudi village without having any title to the said land and that NOC had been issued to