APHC010044002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2615/2025 Between:

Narla Maheswara Reddy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner:

1. THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S):

1. KALEEMULLA S

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following order:

The short grievance of the petitioner is that the respondent authorities are not preventing the unauthorized construction of Mosque in an extent of Ac.0.04 cents in Sy.No.468/2 situated in Kasipuram village, Owk Mandal, Nandyal District.

2. Heard Sri T.Ashok Srivastava, learned counsel for the petitioner, Sri M.Sudheer, learned Standing counsel for Gram Panchayat, Sri Bala Krishna, learned Assistant Government Pleader for Panchayat Raj Department and Sri Syed Kaleemulla, learned counsel for unofficial respondent Nos.8 to 11.

3. Learned counsel for the petitioner while reiterating the contents of the writ affidavit contended that the unofficial respondents have started construction of a mosque without obtaining any requisite permission or approvals from the competent authorities. He further submitted that upon various complaints, the notice was issued by 5^th respondent-Gram Panchayat dated 08.01.2025 directing the unofficial respondents to halt the said construction and to get permission from the concerned authorities. Further, the 3^rd respondent (DPO) has also directed the 4^th and 5^th respondents to comply with the provisions of G.O.Ms.No.376 PR & RD (Pts IV) Department dated 29.11.2012 and provisions of A.P.Panchayat Raj Act, 1994 and to take appropriate action in accordance with law and also directed them to inform the petitioner about the action taken in that regard.

He further submitted that, despite repeated complaints, notices and warnings from various authorities, the unofficial respondents have continued with the construction of the Mosque. As such prayed to pass appropriate orders protecting the interest of the petitioner.

4. Sri Syed Kaleemulla, learned counsel for unofficial respondent Nos.8 to 11 on counter submitted that, they have constructed the mosque in their own purchased site (belonging to 8^th respondent) only to meet the religious needs of the Muslims and Dudekula community people of Kasipuram village, after obtaining permission from the Gram Panchayat vide resolution dated 05.09.2024. He further submitted that by the time when the petitioner has filed the present writ petition, the entire construction of the mosque was completed and prayers were also being offered in the mosque. Therefore, the writ petition is devoid of merits and accordingly prayed to dismiss the writ petition.

5. On the other hand, learned Standing counsel on counter submitted that, by virtue of G.O.Ms.No.376 dated 29.11.2012 and Rule 26 of the A.P.Gram Panchayat Land Development (Layout and Building) Rules, 2002, the District collector is the competent authority to give permission for construction of a building intended for public worship or religious purposes and Gram Panchayat has no power to issue any permission for construction of Mosque. In view of the same, the Gram Panchayat has issued third notice dated

10.02.2025 directing the 8^th respondent to stop the construction.

6. Perused the record and considered the submission of the respective counsel.

7. In the above background, G.O.Ms.No.376 dated 29.11.2012 is relevant and by virtue of the said G.O.Ms.No.376, Rule 26 has been incorporated in G.O.Ms.No.67 dated 26.02.2022 which reads as follows:

“No site shall be used for construction of a building intended for public worship or religious purposes without prior approval of the Collector of the district who may refuse such approval if, in his opinion, th