South Andhra Lutheran Church, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.34362 of 2012 ORDER:

Petitioner No.1 is the Secretary of the Church of Petitioner No.2.

There were disputes between the petitioners and respondent No.6 resulting in filing civil cases. In spite of decrees in the civil cases when petitioner No.1 appointed one J.R.P. Bhasker Rao to Gudur Parish and he took charge on 01.08.2010, respondent No.6 forcibly entered and continuing to stay there. In those circumstances, the petitioners submitted a complaint to the police seeking their interference. When the local police did not take action, the petitioners approached respondent No.2, who forwarded the representation to respondent No.3 to enquire and take action. This writ petition was filed alleging the inaction on the part of respondents 3 to 5.

A counter affidavit is filed by respondent No.5 stating that pursuant to the directions of respondents 2 and 3 an enquiry was conducted and a report was submitted to the Superintendent of Police, Nellore through proper channel on 05.02.2013. The counter affidavit further states as follows:

"It is further respectfully submitted that the petitioner Sri D.Ananda Rao has not approached either local police or the Inspector of Police, Gudur Urban Circle seeking police aid. If he can approach the respondent police and wanted any police aid this respondent police will arrange the police aid to him to implement the Hon'ble Court orders. It is pertinent to note that at present the function of Church meetings are going on peacefully. If any information brought to the notice regarding misappropriation of Church funds, this respondent police will take action as per law. Hence the writ petition deserves no consideration."

In view of the above, no relief can be granted in the present writ petition. However, in view of the undertaking recorded by the police in their counter affidavit as extracted above, it is open to the petitioners to approach them whenever need arises for implementing the orders of the Civil Court or when any offence is alleged.

With the above observations, this writ petition is disposed of. No order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. _______________________________ A.RAMALINGESWARA RAO, J 22.02.2016 MVA