Police and state revenue authorities are not the competent authorities to adjudicate or execute the restoration of a demolished building, as such matters are civil in nature.

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…to issue a writ (or) order more particularly over in the nature of writ of Mandamus declaring the in, action of the Respondent Nos.3 to 7 for not taken any action on Restoration of Petitioner Society Methodist Church Puppalaguda, Santosh Nagar Colony, Puppalaguda, Gandipet Mandal, Ranga Reddy District, T.G. even though made a several representations as a Illegal, Arbitrary, Unconstitutional and violation of fundamental rights of the Religious Peoples and direct the Respondents Nos.3 to 7 to take the immediate action on the representations pending before them for Reconstruction of the Petitioner Society i.e. Methodist Church, Puppalaguda, Santosh Nagar, Ranga Reddy District and pass.…”

Heard Sri K.V.R.L.N.Sarma, learned counsel appearing for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home, for respondent Nos.2, 4 and 7 and Sri M.Mahesh, learned Assistant Government Pleader for Revenue, for respondent Nos.1, 3, 5 and 6 and perused the record.

Learned counsel appearing for the petitioner would submit that the petitioner society was registered on 18-11-2000 under the Andhra Pradesh (Telangana) Public Societies Registration Act, 1350 Fasli. The church was constructed on land measuring about 2000 sq.ft. in Sy.No.454/1, which was donated by the members from their ancestral property. Since its construction in 2000, local people have been regularly conducting prayers and Sunday services in the church.

It is alleged that in 2015 certain unknown anti-social elements deliberately demolished the church building, including the prayer hall, office room, watchman quarters, borewell, lavatory, and baptism facilities, allegedly with an intention to create communal disturbance. The church members immediately lodged a complaint with Narsinghi Police Station, but no effective action was taken. Later, the authorities permitted the installation of a Holy Cross at the demolished site, and the petitioner society erected a 15-foot cross on 30-03-2022. However, it is alleged that unknown persons again demolished the cross and stole Rs.1,30,000/- from the church office. A complaint was lodged on 30-03-2022, which was registered as Crime No.432 of 2022 under Section 295 IPC. Although the police identified three persons and no arrests were made and no effective action followed. The society members also submitted representations to Ministers, MPs, MLAs, and local leaders, and conducted Dharnas and public meetings seeking justice, but received no response. Hence, the present writ petition.

Learned Assistant Government Pleader for Home on instructions would submit that that the Station House Officer, Narsinghi Police Station (i.e., respondent No.7) has not received any such complaint from the petitioner regarding restoration of the Church. Further, the police are not the competent authority to interfere in matters relating to civil disputes or restoration of the Church.

It is also stated that earlier a complaint was filed by another church member regarding damage to the Church, for which a case was registered under Section 295 IPC in Cr.No.432/2022. After investigation, a charge sheet was filed and the case ended in conviction on 08.06.2023, with the accused paying a fine of Rs.2,000/- before the Judicial Magistrate of First Class, Rajendranagar. Therefore, the writ petition lacks merit and is liable to be dismissed.

In the light of the aforesaid facts and circumstances of the case and upon perusing the material available on record, this Court does not see any ground or reason to entertain the present writ petition. Under these circumstances, this Writ Petition is devoid of merits and is accordingly dismissed. Needless to mention, it is open for the petitioner to work out the remedies as available under law. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in