THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.20219 OF 2022

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of respondents No.4 to 9 in not disposing of the representations dt.13.11.2021, 24.11.2021, 01,12,2021, 04.12.2021, 10.01.2022, 28.02.2022 and 07.03.2022 against the illegal and unauthorised construction of a Church on Government land at Harijanawada, Kotha Kacharam Village, Konijerla Mandal, Khammam District by respondents No.12 to 23 without any valid permission, as illegal and arbitrary and consequently to direct respondents No.4 to 11 to demolish the illegal and unauthorised construction and to pass such other order or orders.

2. Brief facts leading to the filing the present Writ Petition are that respondents No.14 to 23, who are residents of SC Colony, Kotha Kacharam Village and got converted into Christian religion, were claiming themselves as SC community people and were enjoying benefits as Hindu SC community. It is submitted that a part of Government land in the village was allotted for rural development and the remaining part of the land was allotted to Anganwadi centre and respondents No.12 and 13 have occupied the said Government land and were making efforts to construct a Church thereon without obtaining any permission from respondents No.4, 5 and 9. Therefore, on 13.11.2021, the petitioner and others brought to the notice of respondent No.10 that respondents No.12 and 23 are making efforts to construct a Church and that they are conducting prayer meetings with loud speakers, etc., and that it is causing heavy sound pollution also. However, respondent No.10 and others did not respond to the same and therefore, the petitioner’s son made an application under Right to Information Act to respondent No.10 to furnish particulars of the land. A reply dt.24.11.2021 was given under RTI stating that no record is available with them with regard to registration and sanction of electric meter and other information and also with regard to the construction of a Church in the colony. It is stated that on 01.12.2021, the petitioner submitted a representation to respondent No.8 stating that respondents No.12 and 13 with the help of respondents No.14 to 23 are constructing a Church in the Government land without obtaining any permission, and again on 04.12.2021, submitted another representation. The petitioner claims that though he belongs to SC community, he and his family members are being pressurised to embrace Christian religion and since he objected to construction of the Church, they have been attacked and therefore, the petitioner also filed a complaint with the police which has been registered on the file of II Additional Judicial First Class Magistrate, Khammam. When several representations have been made subsequently also and no action has been taken by the official respondents thereon, the petitioner was constrained to file the present Writ Petition.

3. Learned counsel for the petitioner reiterated the submissions made in the writ affidavit and submitted that the unofficial respondents are making construction of a church without any permission. The photographs of the said construction are also filed along with the Writ Petition.

4. Respondent No.9 has filed a counter affidavit and submitted that pursuant to the interim orders passed by this Court on 10.04.2025 directing the respondents to file counter affidavit along with colour photographs showing the present status of the Church and all the parties were directed to maintain status quo as on that date until further orders, they have verified the facts and that the Government acquired an extent of Ac.8.32 guntas out of Ac.10.10 guntas of land in Survey No.134 of Kacharam Village approximately 55 years ago for the purpose of providing house sites to poor individuals belonging to Scheduled Caste and other communities in the erstwhile Khammam Taluk and that the original acquisition records could not be tr