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2025 DAILYLAW 58950 (AP)

ANDHRA BAPTISH CHURCH v. The State of Andhra Pradesh,

WP/42105/2018 · 2025-12-28

B V L N Chakravarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010870742018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] MONDAY,THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 42105/2018 Between: 1. ANDHRA BAPTISH CHURCH, RUDRAVARI STREET, VISAKHAPATNAM-530001 REP BY ITS SECRETARY SIYADRI VIJAYA BABU S/O.LATE.ATCHI BABU, AGED 52 YEARS, R/O.D.NO 18-62-8, KOTTA SALIPETA, VISAKHAPATNAM - 530002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 2. THE POLICE COMMISSIONER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, AP 3. THE STATION HOUSE OFFICER, I-TOWN POLICE STATION, VISAKHAPATNAM, 4. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 5. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM, REP.BY IT'S COMMISSIONER, 6. THE ZONAL COMMISSIONER, THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, ZONE-HI, VISAKHAPATNAM. 7. P M SURESH, S/O.MARY AGNES, AGED ABOUT 45 YEARS, R / O. HAPPY HOMES, BESIDE AIRPORT BAPTIST CHURCH, VISAKHAPATNAM -530007. ...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 toto issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate Writ, order or direction declaring the action of the Respondent No.3 in not taking action against the complaints dated 28- 10-2018 and 12-11-2018 made by the petitioner, is arbitrary and illegal and declare the action of the Respondent No.6 in not taking any action 2 for dismantle of the rare church building situated in Door No.25-9-13, Rudra Vari Street, Visakhapatnam, as per proceeding R.C.No.138/2016/ACP-III, dated 09-11-2018, is arbitrary and illegal and consequently direct the 3rd Respondent taking action against the complaint dated 12-11-2018 made by the petitioner and also direct Respondents No.5 and 6 to dismantle Andhra Baptist Church, situated in Door No.25-9-13, Rudra Vari Street, Visakhapatnam and pass IA NO: 1 OF 2018 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 direct the Respondent No.3 to take action against the complaints dated 28-10-2018 and 12-11-2018 made by the petitioner, pending disposal of the writ petition, and pass IA NO: 2 OF 2018 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 direct the Respondent No.5 and 6 to dismantle the dilapidated rare church building, situated in Door No.25- 9-13, Rudra Vari Street, Visakhapatnam pending disposal of the writ petition, and pass Counsel for the Petitioner: 1. T B B KRISHNA MOHAN Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE B.V.L.N.CHAKRAVARTHI WRIT PETITION No.42105 of 2018 ORDER: Sri K. Divakar Reddy, learned counsel representing Sri T.B.B. Krishna Mohan, learned counsel for the petitioner, would submit that the cause in the Writ Petition does not survive for further adjudication, and the Writ Petition has become infructuous. 2. Sri R. Mallikarjuna Rao, learned Assistant Government Pleader for Home, representing respondent Nos.1 to 3, is in attendance. 3. Recording the submission made by learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, interlocutory applications, if any, pending in this Writ Petition shall stand closed. ______________________________ JUSTICE B.V.L.N. CHAKRAVARTHI 29th December, 2025 cbn 4 15 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI WRIT PETITION No: 42105 OF 2018 29th December, 2025 cbn