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2026 Supreme(Online)(AP) 12588

HIGH COURT OF ANDHRA PRADESH
Subba Reddy Satti, J
Voruganti Suribabu – Appellant
Versus
State Of Ap – Respondent
WRIT PETITION NO: 4416/2024



Advocates:
For the Appellants/Petitioners: Ponnada Sree Vyas
For the Respondents: GP FOR HOME (AP), R K Acaryulu, GP FOR REVENUE (AP), Yarraguntla Koteswara Rao, GP FOR PANCHAYAT RAJ RURAL DEV (AP), O M R Law Firm

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.

Headnote:(A) Andhra Pradesh Gram Panchayat Land Development (Layout and building) Rules, 2002 - Rule 26 - Constitution of India - Article 226 - Construction of religious place of public worship - Prior approval of District Collector - Paramountcy of public peace and order - Petitioner challenging proceedings granting permission for church construction in residential area - Absence of subjective satisfaction regarding public peace - Procedure and findings requirement. (Paras 21, 23, 24, 25)

Facts of the case:
The petitioners challenged the proceedings of the District Collector granting permission for the construction of a community hall/church in a residential locality. It was contended that the authority failed to consider objections regarding public peace, failed to conduct a proper Grama Sabha, and did not adhere to legal requirements while exercising jurisdiction for granting such permission.

Findings of Court:
The Court found that the impugned proceedings failed to record the required subjective satisfaction regarding whether the construction would endanger public peace and order, a condition precedent under Rule 26 of the 2002 Rules. The mere reliance on a police report and an undertaking by the applicant was insufficient.

Issues: Whether the District Collector’s proceedings granting permission for religious worship in a residential area are legally sustainable without determining the impact on public peace and order.

Ratio Decidendi: The authority is mandated under Rule 26 of the 2002 Rules to satisfy itself regarding the potential threat to public peace before granting permission for religious structures; failure to record this satisfaction renders the administrative order illegal and unsustainable.

Result: Writ Petition Allowed; matter remitted for fresh consideration.

Table of Content
1. summary of procedural history and parties' contentions regarding unauthorized religious building construction. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9)
2. failure to record subjective satisfaction on public peace renders permission for religious worship illegal per rule 26. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)

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 to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd respondent/District Collector in issuing proceedings vide e-file.No.315801/2020-A3, dated 12/01/2024 permitting the running of religious place of public worship in a residential locality in a extent of 262.53 sq.yds in D.No. 10-500, Eeswar Nagar, Ramanayyapeta Village, Kakinada Rural Mandal, Kakinada District as illegal, arbitrary and unconstitutional and consequently set aside the proceedings of the 3rd respondent/District Collector vide e-file.No.315801/2020-A3, dated 12/01/2024 by making it clear that, the 3rd respondent/District Collector shall not issue permission for running a church, in residential locality when the local population is protesting and pass

IA NO: 1 OF 2024

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 to suspend the proceedings of the 3rd respondent/District Collector vide e-file.No.315801/2020-A3,dated 12/01/2024 consequently directingthe respondents to restrain the activities/construction of the building in D.No.10-500, Eeswar Nagar, Ramanayyapeta Village, Kakinada Rural Mandal, Kakinada District and pass

IA NO: 1 OF 2025

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 to vacate the interim order passed in IA.No.1/2024 in WP.No.4416/2024 dated 20.02.2024 and pass

IA NO: 2 OF 2025

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 to vacate the Interim Order dated 20-02-2024 in IA.No.1/2024 in W.P.No.4416/2024 and dismiss the Writ Petition in the interest of justice and pass

Counsel for the Petitioner(S):

1.PONNADA SREE VYAS

Counsel for the Respondent(S):

1.GP FOR HOME (AP)

2.R K ACARYULU SC For RJY,KKD,ELR,AMP UDA

3.GP FOR REVENUE (AP)

4.Yarraguntla.KoteswaraRao,Standing Counsel For Zilla PrajaParishads,MandalPraja Parishads and Gra

5.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

6.O M R LAW FIRM

Date on which order was reserved : 17.03.2026

Date on which order is pronounced : 16.04.2026

Date on which the order is uploaded : 16.04.2026

ORDER

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,

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