APHC010467982025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 992 OF 2025 Writ Appeal under clause 15 of the Letters Patent be pleased to against the order dated 05.08.2025 in WP No. 19223 of 2025 on the file of High Court. Between: P.S.Joseph, S/o Sebastian Purappokkara, age 65 Years, Administrator of Andhra Evangelical Luthern Church, (Registered under the Societies Act) AELC Compound, Brodiepet, Guntur, Guntur District ...Appellant/Respondent No.4 in W.P.No.19223/2025 AND 1. Bolleddu Kiran Kumar, S/o B. Raju, Aged about 33 years, Occ Business, R/o DNo 97-1-16/4, Dariya Nagar, A C College Road. Nagarampalem, Guntur, Guntur District. ...Respondent/Petitioner in W.P.No.19223/2025 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, AP Secretariat, Velagapudi, Amaravathi. 3. The Superintendent of Police (Urban), Guntur City, Guntur District. 4. The Station House Officer, Nagarampalem Police Station, Guntur. 5. The Andhra Evangelical Luthern Church, Rep by its President/Trustee, Most Rev. Dr. Kallavathuia Fredick Paradesi Babu S/o Late Surya Rao, aged about 61 years, Moderator-Bishop, R/o AELC Compound, f ' ! i Brpdiepet, Guntur City , Guntur District. 6. The Andhra Evangelical Luthern Church, Rep by its Treasurer/Trustee cum Property Officer, Sri Kallabathula Moses Arnold, S/o Suiya Rao, Aged about 50 years, R/o D No 27-4-59/2, Christian Ashram, Guntur City, Guntur, 7. Sri Lam Edins Memorial Minority Educational Society, Rep by its Secretary and Correspondent, Milam Prameela Edna Sukanya Rani W/o Lam Prakasa Rao, Aged about 45 years School Compound, Guntur City, Guntur District. R/o Stall Girls High ...Respondents lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance of the Orders passed by the Learned Single Judge in WP No: 19223/2025 dt. 05-08-2025. Counsel for the Petitioner: SRI G. ELISHA Counsel for the Respondent No.1:SRI N. NIRMAL KUMAR Counsel for the Respondent Nos.2 to 4: GP FOR HOME Counsel for the Respondent Nos.5 & 6:SRI ARUN SHOWRI G Counsel for the Respondent No.T:-- The Court made the following: JUDGMENT \ .V APHC010467982025 Bench Sr.No:-12 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 992 of 2025 P.S Joseph ...Appellant Vs. Bolleddu Kiran Kumar and others ...Respondents ********** Advocate for Appellant Advocate(s) for Respondent(s): Mr. G Elisha Mr. N Nirmal Kumar for R.1 GP for Home for R.2 to R.4 CORAM -.THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 12*^ September, 2025 DATE PC: The present writ appeal has been preferred against the judgment and order, dated 05.08.2025 passed in WP.No. 19223 of 2025. The writ petition came to be filed by respondent No.1 herein alleging that despite the orders passed in CRP.No.197 of 2024 that the possession of the petitioner (respondent No.1 herein) shall not be disturbed, the appellant herein had erected a ‘caution sign board’ in the property in question that the property belongito the Andhra Evangelical Luthern Church [for short, ‘AELC’] and that the encroachers would be punished. 2. 2 HCJ & RC, J WA_992 2025 3. It appears that the petitioner claims right and title over the property in question which is otherwise claimed by the AELC. Be that as it may, it is not denied that a civil suit has been filed which is still pending before the Court of the learned II Additional Junior Civil Judge, Guntur and so is CRP.No.197 of 2024 in which the following order passed on 27.06.2024. 4. was ‘....The fact remains that the Respondent admits that the Petitioner is in possession and the animosity makes it clear that all is not well between the parties. In that view, the possession of the Petitioner shall not be disturbed till the next date of hearing.’ 5. By virtue of the order impugned, the learned single Judge while disposing of the writ bearing No. 19223 of 2025 directed the police authorities not to interfere in the civil dispute between AELC and the petitioner. 6. Learned counsel for the appellant would urge that the direction issued runs contrary to the directions issued by a Division Bench of this Court, dated 03.04.2025 passed in writ appeal bearing No. 1033 of 2023 and batch wherein Justice Kurian Jospeh, former Judge of the Supreme Court of India had been appointed as a so Controller with liberty to further appoint Administrator to ensure that elections are conducted in accordance with the an 3 r HCJ & RC, J WA 992 2025 constitution and by-laws of the AELC as also, the provisions of the A.P Societies Registration Act, 2001. It is stated that the Division Bench had clearly ordered that till such time as the new managing committee was in place, the day to day affairs of the society would be conducted as per the instructions and directions of the Controller or the Administrator under his guidance. It is stated that it is in reference to the directions of the Division Bench that the Controller authorized the appellant herein who is appointed as an Administrator to take necessary decisions pertaining to the day to day affairs of the AELC which includes matters inter alia defending legal matters and Court cases and proceedings before various judicial fora. It is stated that it is only with a view to carry out the instructions of the Controller and with a view to protect the interest of the AELC which includes 1®* respondent the property which is in the possession of the petitioner herein who has illegally encroached upon the property that steps had been taken by the appellant by way of installing the caution sign board. We have heard learned counsel for the appellant. 7. 8. We are of the opinion that till such time as the directions passed by a learned single Judge of this Court in CRP.No.197 of 2024 are in force. the possession of respondent No.1 herein cannot be interfered with. Nevertheless, the Administrator based upon the authorization accorded by the 4 1 HCJ & RC, J WA_992_2025 Controller Justice Kurian Joseph may be at liberty to take appropriate remedial measures with a view to get the order passed in CRP.No.197 of 2024 either modified or vacated. However, we are of the opinion that till such time as the order, dated 27.06.2024 passed in CRP.No.197 of 2024 is in force, the learned single Judge was justified in ordering that the police could not be directed to interfere in the civil dispute between the petitioner and the AELC. 9. Be that as it may, we find no merit in the present Writ Appeal, which is accordingly dismissed. CRP.No.197 of 2024 before the 15.09.2025. No order as to costs. We, however, direct the Registry to list appropriate Bench having the Roster on Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri G. Elisha, Advocate [OPUC] 2. One CC to Sri Arun Shown G, Advocate [OPUC] 3. One CC to Sri N. Nirmal Kumar, Advocate [OPUC] 4. Two CCs to GP for Home, High Court of Andhra 5. The Registrar(Judicial), High Court of A. Pradesh [OUT] P. at Amaravati. C.R.P. Section, High Court of A.P. 6. The Section Officer, at Amaravati. 7. The Section Officer, Amaravati. 8. Two CD Copies. Posting Section, High Court of A.P. at \ HIGH COURT DATED:12/09/2025 JUDGMENT WA No. 992 OF 2025 S 15 SEP 2025 mi '5. 9 ^ ^ Current Section ^ DISMISSING THE W.A. WITHOUT COSTS