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2025 DAILYLAW 5599 (AP)

Rev. Dooraballi John Augustine v. The Station House Officer II Town

WP/2829/2020 · 2025-09-08

Venkata Jyothirmai Pratapa

body2025

Judgment text

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APHC010048662020 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. Rev. Dooraballi John Augustine, S/o John Sundaram Aged about 75yrs, Occ Pastor, JMB Church Ongole, Prakasam District 1. The Station House Officer II Town, Police Station Ongole, Prakasam District 2. The Deputy Superintendent of Police Ongole, Prakasam District 3. The Superintendent of Police, Ongole, Prakasam District 4. The State of Andhra Pradesh Rep, by its Principal Secretary Home Department Secretariat, Velagapudi Guntur District 5. Padma Joshi, W/o G.Joshi Aged about 63yrs, R/o 3rd Lane, Cloughpet Ongole, Prakasam District 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 to pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2829 OF 2020 1. Rev. Dooraballi John Augustine, S/o John Sundaram Aged about 75yrs, Occ Pastor, JMB Church Ongole, Prakasam District ...Petitioner AND 1. The Station House Officer II Town, Police Station Ongole, Prakasam y Superintendent of Police Ongole, Prakasam District 3. The Superintendent of Police, Ongole, Prakasam District 4. The State of Andhra Pradesh Rep, by its Principal Secretary Home Department Secretariat, Velagapudi Guntur District oshi Aged about 63yrs, R/o 3rd Lane, Cloughpet ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Rev. Dooraballi John Augustine, S/o John Sundaram Aged about 75yrs, ...Petitioner 1. The Station House Officer II Town, Police Station Ongole, Prakasam 4. The State of Andhra Pradesh Rep, by its Principal Secretary Home oshi Aged about 63yrs, R/o 3rd Lane, Cloughpet ...Respondents 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 and 2 in interfering with the civil dispute pending between the petitioner and respondent Nos.5 and others by preventing the petitioner to perform all functions and from entering into the JMB Church on Sundays and preach from any place other than Pulpit area as arbitrary, illegal and contrary to the orders of this Hon'ble court in CRP No.4898/2018, dt.11-12- 2018 and consequently direct the respondent Nos.1 and 2 not to interfere with the functions of the petitioner as Pastor in JMB Church, Ongole, Prakasam District for all purposes except preaching from Pulpit area on Sundays as per the orders of this Hon'ble court in CRP No.4898/2018, dt.11-12-2018 IA NO: 1 OF 2020 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 Nos.1 and 2 not to interfere with the functions of the petitioner as Pastor in JMB Church, Ongole, Prakasam District for all purposes except preaching from Pulpit area on Sundays as per the orders of this Hon'ble court in CRP No.4898/2018, dt.11-12-2018 pending disposal of the writ petition Counsel for the Petitioner: P NAGENDRA REDDY Counsel for the Respondents: GP FOR HOME (AP) Counsel for the Respondents:KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) Counsel for the Respondents:G R SUDHAKAR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2829 OF 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondent Nos.1 and 2 in interfering with the civil dispute pending between the petitioner and respondent Nos.5 and others by preventing the petitioner to perform all functions and from entering into the JMB Church on Sundays and preach from any place other than Pulpit area as arbitrary, illegal and contrary to the orders of this Hon'ble court in CRP No.4898/2018, dt.11-12- 2018 and consequently direct the respondent Nos.1 and 2 not to interfere with the functions of the petitioner as Pastor in JMB Church, Ongole, Prakasam District for all purposes except preaching from Pulpit area on Sundays as per the orders of this Hon'ble court in CRP No.4898/2018, dt.11-12-2018….” 2. Heard Sri P.Nagendra Reddy, learned counsel for the petitioner, Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner submits that the police are interfering with the peaceful possession and enjoyment of the petitioner in respect of the subject property at the instance of respondent No.5. 4. On the other hand, learned Government Pleader for Home, on instructions, submits that there are civil disputes between the petitioner and respondent No.5. It is further submitted that the respondent Nos.1 and 2 has never interfered in the civil disputes of the petitioner and the unofficial respondents at any point of time and the petitioner has to approach before the competent Court of law to avail appropriate remedies. 5. Learned counsel for the petitioner would submit that recording the same, the petition may be disposed of. 6. Having regard to the submissions of both the learned counsel, this Court is not inclined to adjudicate the disputed questions in the present writ petition. 7. Accordingly, this Writ Petition is disposed of, leaving it open to the petitioner to work out his remedies in accordance with law before the appropriate forum. However, the police are directed to follow the due process of law in case of any crime has been registered against the petitioner. There shall be no order as to costs. As a sequel thereto, pending miscellaneous petitions if any, shall stands closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 09.09.2025. KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 2829 OF 2020 09.09.2025 KKV