APHC010640542023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32956/2023 Between: 1. CAALVARY TEMPLE FOUNDATION HYDERABAD, REP. BY AUTHORISED PERSON P.L. ENOCH S/0 P.L LAZARUS AGED 53 YRS, SY.NO 77, HYDERNAGAR HAFEEZPATA HYDEREABAD. TELANGANA STATE. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRI.SECRETARY, HOME DEPT, SECRETARIAT BUILDING VELAGAPUDI, AMARAVATHI, GUNTUR GUNTUR DIST.A.P 2. THE SUPERINTENDENT OF POLICE, KAKINADA DIST.,KAKINADA. 3. THE SUBDIVISIONAL POLICE OFFICER, KAKINADA RURAL, KAKINADA, KAKINADA DIST. 4. THE STATION HOUSE OFFICER, III TOWN POLICE STATION, KAKINADA RURAL,KAKINADA DIST. 5. THE TRUST ASSOCIATION OF THE CONVENTION OF THE BAPTIST CHURCHES OF NORTHERN CIRCARS CBCNC, REP BY ITS CHAIRMAN , DASARI YACOB,S/O LATE MOSES, AGED 59 YEARS, R/O FLAT NO.501, LINGAMURTHY CENTRE,MAIN ROAD, VUYYURU MUNICIPALITY, KRISHNA DISTRICT. R5 IS IMPLEADED AS PER THE COURT ORDER DT.15.07.2024 VIDE ORDERS PASSED IN I.A.NO.01 OF 2024. 2 6. PARIMI IMMANUEL DEEPAK KUMAR BEING THE CHAIRMAN OF THE TRUST ASSOCIATION, FOR THE CONVENTION OF BAPTIST CHURCHES OF THE NORTHERN CIRCARS (CBCNC) , SOCIETY BEARING NO.16/48-49 WHICH IS ADDRESSED AT CBM COMPOUND, RAMARAOPETA, KAKINADA. R6 IS IMPLEADED AS PER THE COURT ORDER DT.08.08.2024 VIDE ORDERS PASSED IN I.A.NO.02 OF 2024. ...RESPONDENT(S): Counsel for the Petitioner: 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. RAJESH VARMA SONGA 3. PONNADA SREE VYAS 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 32956 of 2023 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…to issue order direction writ more particularly one in the nature of writ of Mandamus declare the action of the respondent police in interfering the civil disputes pertaining the prayer conducting at private function hall at T.S.Nos.5 and 7 situated at Ward No.3, block No.23, nearest D.No. 24-5-31, Nageswarao Street Ramaraopeta Kakinada and Calvary Temple Padnabha function Hall Kakinada as illegal, arbitrary and violative of Art. 14, 19, 21 and 25 of the Constitution of India and consequently direct the respondent police not to interfere for conducting prayer conducting in the private function hall at .S.Nos.5 and 7 situated at Ward No.3, block No.23, nearest D.No. 24-5-31, Nageswarao Street, Ramaraopeta, Kakinada and Calvary Temple Padnabha function Hall, Kakinada Dist.…” 2. Heard Sri P.R.K.Amerandra Kumar, learned counsel for the petitioner, Sri Ponnada Sree Vyas, learned counsel for the respondent No.5, Sri Rajesh Varma Songa, learned counsel for the respondent No.6 and Sri V.Farook, learned Assistant Government Pleader for Home. 3. Learned counsel for the respondent No.5 would submit that civil suit is pending before the competent Civil Court, where they have filed a petition for prosecuting the petitioner under Order 39 Rule 2(A). After filing such petition, the petitioner has approached this Court seeking relief against the police station that they are interfering in the subject property. 4 4. Learned Assistant Government Pleader for Home would submit that the police are not interfering in the subject matter, since there are criminal cases and civil suits pending between the parties. 5. In the light of the submission made and multiple litigations pending between the parties, this Writ Petition is disposed of. However, both the parties are at liberty to work out their remedies before the competent Civil Court where their suits are pending. The police are directed not to interfere in the civil disputes between the parties except under due process of law. No costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 05.12.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.32956 of 2023 Dated.05.12.2025 UPS 331