Pamala David Raj v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4829 OF 2019 Dated:25.03.2019 Between:

Pamala David Raju, S/o. P. Nageshwara Rao, Aged 47 years, Occ: Church Pastor, R/o. Plot No.22, Anjanipuram Village, Huzurnagar Mandal, Suryapet (Nalgonda) District, Telangana State .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.4829 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for respondents 1 to 4. 2.

Petitioner filed a complaint on 26.11.2018 before the Superintendent of Police, Suryapet District, alleging that certain individuals were obstructing the construction, plastering and finishing of Church building in Plot No.22 in Survey No.709 of Kotha Colony, Anjanipuram Village, Huzurnagar Mandal, Suryapet District. Alleging that no action is taken on the complaint filed by the petitioner, whereas some vested interests are obstructing the construction activity, this Writ Petition is filed. 3.

Learned Government Pleader for Home, based on the written instructions furnished by the Station House Officer, Huzurnagar Police Station, Suryapet District, dated 12.03.2019, submits that on receipt of the complaint, the Sub-Inspector of Police, Huzurnagar, caused enquiry and submitted enquiry report to the Superintendent of Police, Suryapet District, on 19.02.2019. It appears, in the said report, the Sub-Inspector of Police informed the Superintendent of Police that Panchayat Secretary issued a notice to the petitioner to stop the construction work on the disputed land holding that he did not have valid building permission from Gram Panchayat. He further submits that there was no proof of obstruction being caused to the construction work.

4.

However, learned counsel for the petitioner fairly submits that as of now, no construction activity is taken up by the petitioner. He submits that since petitioner and others want to perform prayers in the said building, there is every likelihood of some local elements obstructing the prayers.

5.

Having regard to the same, the Court is not expressing any opinion on the grounds urged by the petitioner in the Writ Petition. However, it is always open to the petitioner to complain to the concerned police on any untoward incident of obstruction in performing prayers by enclosing relevant documents, such as authorization/permission from the competent authority. It is needless to observe that police shall take due note of the complaint, take appropriate further course of action and ensure that no law and order problem shall arise.

6.

The Writ Petition is accordingly disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:25.03.2019 Note:- Issue C.C. by 01.04.2019.

(B/o) KH