Bandari Bhimakka, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.25747 of 2015 Dated 04th February, 2016 Between:

Bandari Bhimakka and others

...Petitioners

And The State of Telangana, rep.by its Principal Secretary, Panchayat Raj Department, Secretariat Buildings, Hyderabad and others

...Respondents

Counsel for the petitioners: Sri K.Srinivas Counsel for respondent Nos.1 & 3: AGP for Panchayat Raj Counsel for respondent No.2: AGP for Revenue Counsel for respondent No.4: Sri G.Narender Reddy Counsel for respondent No.5: Sri Mohd.Kaleem Pasha for Sri M.Rajender Reddy The Court made the following:

ORDER:

At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a mandamus to declare the action of respondent No.4 in according permission for construction of a house and church in favour of respondent No.5 vide proceedings bearing No.GP/70/15, dated 30.07.2015, as illegal and arbitrary. The sole ground on which the grant of building permission in favour of respondent No.5 is questioned in this writ petition is that under Rule 26 of the A.P.Gram Panchayat Land Development (Layout and Building) Rules, 2002 (for short 'the A.P.Rules'), no site shall be

used for the construction of a building intended for public worship or religious purposes without the prior approval of the Collector of the District.

Respondent No.5 filed a counter affidavit, wherein he has inter alia averred that after its formation, the State of Telangana has issued G.O.Ms.No.35, Panchayat Raj and Rural Development (Pts.II) Department, dated 22.12.2014, wherein it has adopted the A.P.Rules with certain modifications which include that the paragraph added by G.O.Ms.No.376, PR & RD (Pts.IV) Department, dated 29.11.2012, has been substituted in the following manner:

"The Gram Panchayat while according permissions for construction of a building intended for public worship or religious purposes shall do so subject to the following conditions:- (a) Places of worship for religious purposes shall be given subject to the condition that at least 100 meters distance is maintained in the vicinity of any other such existing place of public worship;

(b) Land ownership shall have a clear title and be undisputed;

(c) Statutory norms regarding the noise may be adhered to."

At the hearing, Sri K.Srinivas, learned counsel for the petitioner, has not disputed that the substituted para under Rule 26 of the Telangana State Rules has done away with the requirement of prior sanction of the District Collector which was stipulated in Rule 26 of the A.P.Rules by G.O.Ms.No.376, dated 29.11.2012. In view of this position of law in the State of Telangana, the writ petition is without any merit and the same is accordingly dismissed, however, with liberty to the petitioner to avail appropriate legal remedy if he feels aggrieved by Rule 26 of the Rules framed by the State of Telangana.

As a sequel to dismissal of the writ petition, interim order, dated 14.08.2015, shall stand vacated and WP.M.P.No.33410 of 2015 and WV.MP.No.3073 of 2015 shall stand disposed of as infructuous.

C.V.NAGARJUNA REDDY, J 04th February, 2016 VGB