IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 25587 of 2008 Between: 1 S. Gopichand S/o. Krishnamurthy R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 2 B.L.N. Prasad S/o. Krishna Rao R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 3 Garikapati Sivaiah S/o. Nancharaiah R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 4 Bandi Ramrao S/o. Seshaiah R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 5 Gudiwaka Nagaraju S/o. Subbarao R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 6 Tungala Saibabu S/o. Adaiah R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 7 Bandi Ankineedu S/o. Subbarao R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 8 K. Padmavathi W/o. Narayanarao R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 9 Mathi Ramesh S/o. Venkateswara Rao R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. 10 B. Ravi S/o. Krishna RAo R/o. 2nd Ward, Srirama Cable Street, Avanigadda Town & Mandal, Krishna District. ..... PETITIONER(S) AND 1 The District Collector, Machilipatnam, Krishna District. 2 The Tahsildar, Avanigadda Mandal, Krishna District. 3 The Executive Officer, Avanigadda Grampanchayath, Avanigadda Town & Mandal, Krishna District. 4 Laymen's Evangelical Felowship International Church, Branch at Avanigadda, rep. by its Secretary, N. Joshua Danial, S/o. N. Danial R/o. 9-B, Nangambakkam High Road, Chennai- 2. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ in the nature of writ of mandamus or any other appropriate writ, direction, order or orders declaring the action of the official respondents in allowing the 4th respondent in constructing the 'Church' in the petitioners Hindu locality in an extent of 229.9 Sq.yards in R.S.No.30, near D.No.2-213, 2nd ward, Sriramnagar, Avanigadda Grampanchayath, Krishna District, as wholly arbitrary, illegal and without jurisdiction and void and consequently direct the official respondents not to grant any permission to the 4th respondent to construct the Church particularly in our locality as the petitioners are all belongs to the Hindu Community in respect of an extent of 229.9 Sq.yards in R.S.No.30, near D.No.2-213, 2nd ward, Sriramnagar, Avanigadda Grampanchayath, Krishna District and pass Counsel for the Petitioner:MR.V.ESWARAIAH CHOWDARY Counsel for the Respondent No.: MR.M.PRABHAKAR RAO The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) By way of this public interest litigation, petitioners want to prevent respondent No.4 from constructing a Church on land bearing R.S.No. 30, near D.No. 2-213, 2nd Ward, Sriramnagar, Avanigadda town and Mandal, Krishna District. Learned Advocate appearing for the petitioner has fairly admitted the fact that a Church or community center, as submitted by the learned Government Pleader is being constructed on land belonging to respondent No.4. If the land in question belongs to respondent No.4, it is open to respondent No.4 to put up construction of any nature, which is not in violation of the legal provisions. Learned Advocate for the petitioners could not show violation of any provisions in construction of the said Church on the land, which is hereinabove referred to. In the circumstances, we see no reason to interfere in this petition. The petition stands dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ __________________________ P.V. SANJAY KUMAR, J 24th November, 2008. GRR