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RAVI CHEEMALAPATI
Jamait E Ahle Hadees Sirivella – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
Aggrieved by the rejection orders passed by District Collector Nandyal District, for construction of Ahle Hadees Masjid (Mosque) in the land admeasuring Ac.0.09 cents situated in RS.No.421/1, Telugupeta, Sirivella village, Nandyal Mandal, the present writ petition is filed.
2. Heard Sri M.R.K.Chakravarthy, learned counsel for the petitioners and Sri Venkata Reddy Gajjula, learned Standing Counsel for ZPP, MPP and Gram Panchayath. Sri Venkata Narayana, learned Assistant Government Pleader for Panchayat Raj and Rural Development.
3. Learned counsel for the petitioners while reiterating the contents of the affidavit submitted that, the petitioners society has made a representation/application dated 17.09.2022 to the collector concerned seeking permission for construction of mosque which was rejected, even without hearing petitioners, on ground that Jamiat-e-Ahle Hadith women entering and offering prayers at Masjids is against the customs of Tabliq Jamath and one Abdul Salam, local YSRCP leader is supporting public Jamiat group and influenced the Gram Panchayat and Revenue Officials through MLA not to give permission for construction of said mosque. He further contended that in
The necessity of a show cause notice before rejecting applications for religious constructions is essential to uphold due process and prevent arbitrary decisions.
The rejection of a religious place application based on communal opposition violates Articles 25 and 26, emphasizing the need for secularism and religious freedom.
In case of construction of new building or reconstruction [xxx] for religious purpose or worship, prior approval or clearance or permission and concurrence as the case may be, of District Collector c....
Rule 7(8A) of the Rules, 2011, in case of construction of a new building or reconstruction for religious purposes or worship, prior approval or clearance or permission or concurrence, as the case may....
The court emphasized that the authority for permitting use of a building for religious purposes must balance freedom of religion with public order, especially given existing communal concerns.
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