Extracted from the PDF above. The PDF is authoritative.
APHC010565322023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY,THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29366/2023 Between:
1. MALLIPUDI MARTIN LUTHER, S/O. LATE M. NELSON, AGE. 60 YEARS,
ADMINISTRATIVE PASTOR, MALLIPUDI NELSON MEMORIAL CHURCH,D.NO. 14-182/1A,
SANTHIPURAM, THADITHOTA, RAJ AMAHENDRAVARAM, EAST GODAVARI DISTRICT-533103
...PETITIONER AND
1. THE STATE OF AP, REP. BY IT'S PRL. SECRETARY, HOME DEPT., SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, , ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT
3. THE SUPERINTENDENT OF POLICE, RAJAMAHENDRAVARAM, E.G. DISTRICT. 4. THE DEPUTY SUPERINTENDENT OF POLICE, CENTRAL ZONE, RAJAMAHENDRAVARAM, E.G. DISTRICT. 5. THE S H O, , I TOWN P.S., RAJAMAHENDRAVARAM, E.G.
DISTRICT. 6. SRI K VIJAY PAUL, AGED ABOUT 45 YEARS DEPUTY SUPERINTENDENT OF POLICE CENTRAL ZONE, RAJAMAHENDRAVARAM, RAJAMAHENDRAVARAM, E.G.
DISTRICT. 7. SRI PUNA RAO, AGED ABOUT 40 YEARS INSPECTOR OF POLICE, I TOWN P.S. RAJAMAHENDRAVARAM, E.G. DISTRICT. 8. SRI VATTIPULUSU VENKATESWARA RAO, AGED ABOUT 50 YEARS
SUB-INSPECTOR OF POLICE, I TOWN P.S.
RAJAMAHENDRAVARAM, E.G. DISTRICT. 9. SRI NAGESWARA RAO, AGED ABOUT 50 YEARS SUB- INSPECTOR OF POLICE, I TOWN P.S. RAJAMAHENDRAVARAM, E.G. DISTRICT. 10. SRI CHANDRA RAO, AGED ABOUT 53 YEARS SUB-INSPECTOR OF POLICE, I TOWN P.S. RAJAMAHENDRAVARAM, E.G.
DISTRICT. 11. ANDHRA EVANGELICAL LUTHERAN CHURCH, REP. BY ITS PRESIDENT K. PARADESI BABU, BRODIPETA, GUNTUR
12. EAST GODAVARI SYNOD, REP. BY ITS PRESIDENT, A. SAMUEL RAJU,
ST.JOHN'S LUTHERAN CHURCH, RAMARAOPETA, KAKINADA
13. KALYANAM KRISHNA PAUL, S/O. CHINA MARIDAYYA, AGE. 54 YEARS, D-NO. 14-194/7/1, NEAR SANTHARAM HOSPITAL, DOWLESWARAM, EAST GODAVARI
14. A RAMESH, S/O. LATE PRABHAKAR, AGE. 42 YEARS, R/O. D-NO.
23-4/2, CHURCH PETA, FIRST LANE, RAJAMAHENDRAVRAM, EAST GODAVARI
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus (i) declaring the action of the respondent authorities No. 4 to 10 in interfering in civil disputes and with the possession of the petitioners' church i.e., Mallipudi Nelson Memorial Church, Cemetery peta, Rajamahendravaram, East Godavari District at the instance of respondent No. 11 to 14, who have civil dispute with the petitioner as arbitrary, illegal, highhanded, unconstitutional, (ii) direct the 3rd respondent to conduct enquiry on the complaint made by the petitioner on 29-10-2023
against the respondents No. 11 to 14 and take necessary action against them and consequently direct the respondent No. 4 to 10 not to interfere with the civil dispute pending between the petitioner and respondent No. 13 and 14 in respect of the petitioner church and against to the principles of natural justice and violation of Article 14, 16, 19(1)(g), 21, 300(A) of the Constitution of India and without jurisdiction and pass IA NO: 1 OF 2023 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 pleased to direct the 3rd respondent to conduct enquiry on the complaint made against the Respondent No. 11 to 14 by the petitioner on 29-10-2023 and take necessary action against them pending disposal of the above writ petition and pass IA NO: 2 OF 2023 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 pleased to direct the respondent authorities not to interfere with the civil dispute between the respondent No. 13 and 14 and petitioner with respect to Mailipudi Nelson Memorial Church, Cemetery peta, Rajamahendravaram, East Godavari District pending disposal of the above writ petitioner and pass Counsel for the Petitioner:
1.
V S R S NAIDU Counsel for the Respondent(S):
1. GP FOR HOME
2. R K ACHARYULU The Court made the following:
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 29366 of 2023
ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for:
“…pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus (i) declaring the action of the respondent authorities No. 4 to 10 in interfering in civil disputes and with the possession of the petitioners' church i.e., Mallipudi Nelson Memorial Church, Cemetery peta, Rajamahendravaram, East Godavari District at the instance of respondent No. 11 to 14, who have civil dispute with the petitioner as arbitrary, illegal, highhanded, unconstitutional, (ii) direct the 3rd respondent to conduct enquiry on the complaint made by the petitioner on 29-10-2023 against the respondents No. 11 to 14 and take necessary action against them and consequently direct the respondent No. 4 to 10 not to interfere with the civil dispute pending between the petitioner and respondent No. 13 and 14 in respect of the petitioner church and against to the principles of natural justice and violation of Article 14, 16, 19(1)(g), 21, 300(A) of the Constitution of India and without jurisdiction and pass.…”
2. Heard learned counsel for the petitioner and Sri V. Farook, learned Assistant Government Pleader for Home appearing for respondents 1 to 5.
3.
Learned counsel for the petitioner would submit that police are interfering in the civil disputes between the petitioner and the unofficial respondents.
4. When the matter is taken up for hearing, learned Assistant Government Pleader for Home, on written instructions, would submit that a case and counter case are registered against the petitioner and the unofficial
respondents. Except registration of the above crimes, the police never interfered in the civil disputes between the parties.
5.
Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of.
6. Recording the above said submission, this Writ Petition is disposed of. However, the police are directed to follow the due process of law regarding the crimes which have been registered. No order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.12.2025. TVN
HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.29366 of 2023
Dated.09.12.2025
TVN
295