Nanepalli Raghu Sekhar v. The District Collector,

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38727 of 2015 Dated 30.11.2015 Between:

Nanepalli Raghu Sekhar and 7 others ... Petitioners and The District Collector East Godavari District and 10 others

...Respondents

Counsel for the petitioners: Mr.G.Rama Gopal Counsel for respondent No.1: AGP for Revenue (AP) Counsel for respondent Nos.3 to 6: AGP for Panchayat Raj (AP) The Court made the following:

O r d e r :

The petitioners, who belong to Hindu Religion, take exception to the action of the respondents in installing idols of Hindu Gods over a part of the community hall constructed in Divili Village, Peddapuram Mandal, East Godavari District, with the funds of a Member of Rajya Sabha. The petitioners have pleaded that installation of idols of one particular religion affects the secular nature of the State. Interestingly, not even one person belonging to any religion other than the Hindu religion has joined the petitioners in questioning this action. Be that as it may, before filing this Writ Petition, the petitioners have not moved the official respondents to ventilate their grievance.

The law is well settled that before seeking a writ of Mandamus, the aggrieved parties have to first demand justice from the State or its instrumentalities by whose actions they are aggrieved. {See Kamini Kumar Das Choudhury vs. State of West Bengal and Others and Amritlal vs. Collector, Central Excise (Revenue)} As the petitioners have not approached any of the official respondents and straight away filed this Writ Petition, I am not inclined to entertain this Writ Petition.

Accordingly, the Writ Petition is dismissed, however, leaving the petitioners free to approach the official respondents concerned with their grievance and avail a fresh remedy, in the event their grievance does not stand redressed.

As a sequel to dismissal of the Writ Petition, WPMP.Nos.49862 and 49863 of 2015, filed by the petitioners for interim relief, are disposed of as infructuous. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 30th November, 2015 LUR