THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 13496 OF 2011 O R D E R: This Writ Petition is filed seeking to declare the action on the part of respondent No.2 in not removing the unauthorized structures made in Gedda Poramboke in 34th Ward, Near N.H.5 at Ramachandra Nagar, Visakhapatnam, as arbitrary and illegal and consequently to direct respondent No.2 not to allow for any construction, except the Community hall. 2. The averments of the affidavit filed in support of the Writ Petition may be stated as follows: The petitioner filed this Writ Petition stating that the action of respondent No.2 in not removing the unauthorized structures made in Government land besides the premises of Rhema Blessing Chruch, which is meant for construction of Community hall. The Assistant City Planner of Town Planning Department sent a note to the Executive Engineer Zone-IV in R.C.No.358/2010-2011/E/E-IV/GVMC, dated 07.01.2011, furnishing plan site map along with letter for construction of community hall in MP Lands constructions. Some unknown persons started unauthorized constructions in the said land and the same was reported by the petitioner on 28.03.2011 and on 18.04.2011. Sri M.Robert James, Senior Pastor of Rhema Blessing Church Ministries, has also submitted a representation to respondent No.2 on 18.04.2011 to remove the unauthorized structures in the said land and take immediate and speedy action in this regard. On 13.04.2011 the President of All India Christian Council gave a legal notice through its Legal counsel to respondent No.2, but respondent No.2 did not take any action in this regard and to a certain extent the construction was stopped but removal of the unauthorized structures is not being done till date. The local residents are trying to construct the unauthorized structures and want to convert into a Temple without any valid permission in the Government land, which is not valid according to law. Adjacent to the land, there is one Church which is called Rhema Blessing Church Ministries, which is being run for last 30 years with a membership of 200 people. This Church is abetting to the place where the unauthorized constructions would be turned into a Temple. Hence, the Writ Petition. 3. Respondent No.2 filed detailed counter-affidavit stating that both the Church and the Temple partly falls in Green Belt, abutting National High Way and both are unauthorized constructions and are liable for removal. When the locality people sought for permission to construct a Temple in Survey No.13 (P) of Dondaparthy (V) in the land belonging to the Government, the same was returned by respondent No.2 by way of an endorsement through Lr.Prajavani Grievance No.25383/2011, dated 25.04.2011. Thereafter, the construction of the Temple was stopped departmentally. Subsequently, the officers of Greater Visakhapatnam Municipal Corporation (for short, ‘GVMC’) met the Officers of Department of Police. The issue relating to request of management of Church and for removal of Temple, has been briefed. Police authorities stated that the removal of Temple, that too, at the instance of the management of Church, is a sensitive issue which needs to be dealt with amicably and tactful manner without hurting the feelings of Hindu and Christian Communities. The Officers of GVMC are involved in discussing the matter with police authorities and also with the community people, who are responsible for construction of Temple in the vicinity of existing temple at Ramachandra Nagar, Tatichetlapalem area, Visakhapatnam. The GVMC is making efforts to convince the community people to shift/remove the Temple of their own through participatory process duly involving community leaders. Therefore, there is no inaction on the part of respondent No.2 officials in not removing the unauthorized constructions. 4. Recording the averments made in the counter-affidavit filed by respondent No.2, the Writ Petition is closed. There shall be no order as to costs. _______________ K.C.BHANU, J NOVEMBER 04, 2011 YVL IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO. 13496 OF 2011 Between: All India Christian Council …PETITIONER AND The Principal Secretary and another ...RESPONDENTS The Court made the following :