APHC010030082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

(Special Original Jurisdiction)

WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 1794/2025 Between:

Sri Vennela Residency and Others ...PETITIONER(S)

AND The State Of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S):

1. SASANKA BHUVANAGIRI Counsel for the Respondent(S):

1. GP FOR HOME

2. GP FOR REVENUE

3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:

ORDER

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the inaction of the respondents 2 to 7 in initiating necessary steps against the 8th respondent for using the residential house bearing door no. 67-11-5/1, Near Christian Cancer Hospital, Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada Town and District as religious place of worship without obtaining necessary permissions from the competent authorities as illegal, arbitrary and unconstitutional and consequently direct the respondents 2 to 7 to initiate necessary action to shut down the 8th respondent for illegal conversion of residential house bearing door no. 67-11-5/1, Near Christian Cancer Hospital, Lai Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada Town 86 District into religious place of worship and further order prosecution against the 8th respondent for running a religious place of worship in violation to the existing rules, and pass…”

2. The 1^st petitioner is a registered firm with registered No.315 of 2022 and the 2^nd petitioner is one of the partner of the 1^st petitioner firm. The 1^st petitioner has purchased the property to an extent of 280 square yards along with RCC roof building with D.No.67-12-5/2B, Lal Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada town and District vide registered sale deed dated 06.04.2023 bearing No.4277/2023. The petitioner is running a lodge named as ‘Sri Vennala Residency’ in the said premises with the consent of the 4^th respondent by paying property tax.

Though the building adjacent to the subject property bearing D.No.67-11-5/1, Lal Bahadur Nagar, Nagamallithota Junction, Revenue ward No.29, Kakinada town and district is residential in nature, the 8^th respondent herein, in the month of December-2022 has converted the said house into a religious place of worship and has erected a board without obtaining any permission from the concerned authorities which is in violation of the existing rules. As the 8^th respondent is using loud speakers and conducting prayers throughout the day and night with high decibel sounds, the petitioner has submitted a representation on 28.10.2024 to the respondent Nos.3 to 7 complaining that the 8^th respondent is illegally running a church without permissions and is using high voltage sound systems, lighting and is disturbing the religious harmony in the area through blasphemy of Hindu gods. As no action was initiated in pursuance of the said representation dated 28.10.2024, the petitioner has filed the present writ petition.

3. Heard learned counsel for the petitioners and learned counsel appearing for the respondents.

4. Today when the writ petition came up for hearing, learned Standing Counsel has produced a copy of instructions of the Sub-Inspector of Police, Sarpavaram Police Station, dated 28.01.2025 wherein it is stated that upon receipt of the representation of the petitioner, the 3^rd respondent has forwarded the same to the Station House Officer, Sarpavaram Police Station vide N.Dis.No.5096/G2/2024 and the same was received through the Sub- Divisional Police Officer, Kakinada vide C.No.405/G2/SDPO-K/2024, dated 06.11.2024 who in turn has addressed a letter dated 30.10.2024 to the Station House Officer, Sarpavaram Police Stati