Under Rule 26 of the Andhra Pradesh Gram Panchayat Land Development Rules, 2002, the District Collector must record subjective satisfaction regarding the maintenance of public peace and order as a condition precedent before granting permission for the construction of any building intended for public religious worship in a residential area.

ORDER :

SUBBA REDDY SATTI, J.

1. Heard Sri K.S.Murthy, learned senior counsel assisted by Sri Ponnada Sree Vyas, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development for the respondents 1, 2 & 4; Ms.Usha, learned Assistant Government Pleader for Revenue for the 3rdrespondent, learned Assistant Government Pleader for Home for the respondents 5 & 6, Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned standing counsel for the 7th respondent and Sri R.N.V.S.K. Acharyulu, learned standing counsel for the 8th respondent and Sri O.Manoher Reddy, learned senior counsel assisted by Sri Prasanna Kumar, learned counsel for the 9th respondent.

2. Impugning the proceedings vide e-file No.315801/2020-A3, dated 12.01.2024 (Ex.P1), the petitioners file the above writ petition.

3. Averments, in brief, in the affidavit and the reply affidavit as follows:

a) One V.Nageswara Rao and others filed W.P.No.18346 of 2020 assailing the permission granted to the 9th respondent for the construction of a church in the premises bearing D.No.10-500, Eswar Nagar, Ramanayyapeta, Kakinada. The said writ petition was disposed of on 23.03.2021, directing the District Collector to conduct an enquiry by giving opportunity to both parties in 8 weeks. The District Collector conducted an enquiry in May, 2021. The petitioners and others raised objections opposing the grant of permission to the 9th respondent. The District Collector addressed a letter to the District Panchayat Officer, who, in turn, addressed a letter to the Godavari Urban Development Authority (GUDA) seeking clarification regarding permission for a religious place of public worship.

b) The District Panchayat Officer, Kakinada, issued proceedings vide e-file No.315801/2020-A3, dated 29.11.2022. Assailing the same, W.P.No.39590 of 2022 was filed. Thereafter, the District Collector issued proceedings vide e-file No.315801/2020-A3, dated 23.12.2022. Assailing the same, W.P.No.41945 of 2022 was filed, and the same was allowed on 16.08.2023 and remitted the matter. W.P.No.39590 of 2022 was closed by virtue of the order in W.P.No.41945 of 2022. After remand, the 3rd respondent, District Collector, issued notices to all the residents in the colony to attend for an enquiry on 26.10.2023. The petitioners and others attended the office of the 3rd respondent and submitted their objections. The proceedings impugned were issued by the 3rd respondent without considering the objections. In fact, the procedure adopted by the 3rd respondent, the District Collector, is unjust and arbitrary. No Grama Sabha was also conducted.

4. a) Counter affidavit was filed by the 3rd respondent. It was contended, interalia that the 9th respondent constructed a tiled house in the year 1998 at D.No.10-500 in S.No.291/2, Plot No.108, Eswar Nagar, Ramanayyapeta Gram Panchayat. He made an application for the construction of an RCC Building for the Christian community hall. The permission was granted by the local authority on 15.08.2014 vide B.L.R.No.106/2014-15. The construction was completed. The 9th respondent made an application dated 17.12.2019 for the construction of the first floor over the existing ground floor, and the same was granted vide B.A.B.No.213/2019, dated 26.12.2019, by the 7th respondent, Gram Panchayat.

b) The 9th respondent, by letter dated 14.04.2020, sought approval for the removal of the old Christian community hall and for the construction of a new hall in its place, proposing a G+2 structure. The Gram Panchayat has conducted a public opini