Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2633 (AP)

REV DORAPALLI JOHN AGUSTINE v. STATE OF ANDHRA PRADESH

WP/12582/2026 · 2026-05-04

Y Lakshmana Rao

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010241072026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12582/2026 Between: 1. REV DORAPALLI JOHN AGUSTINE, S/O. DORAPALLI JOHN SUNDARAM, AGED ABOUT 83 YEARS, PRESIDENT / SENIOR PASTOR, JMB CHURCH, R/O. 53-1-37, 1ST LANE CLOUGHPET ONGOLE PRAKASAM DISTRICT, A.P ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATI,AP-522238. 2. THE SUPERINTENDENT OF POLICE, PRAKASAM DISTRICT, ONGOLE, AP-523171 3. THE STATION HOUSE OFFICER, LL-TOWN POLICE STATION, ONGOLE, AP-523171 4. K PADMA JOSHI, W/O G. JOSHI, AGED ABOUT 62 YEARS, OCC RETD. TEACHER, R/O CLOUGHPET, 3RD LANE, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. 523171 5. K MANOGNA KUMAR, S/O K. JOHN WILSON, AGED 49 YEARS, OCC LECTURER ,R/O RAILPET, 1ST LINE, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH.- 523171 2 6. T YESUPADAM, S/O KUMAR DAS, AGED ABOUT 38 YEARS, OCC BUSINESS, R/O EAST CHRISTIANPET, K.P. ROAD, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH., 523171. 7. K ALWYN SAMUEL, S/O SRI K.SAMUEL, AGED 65 YEARS, OCC RETIRED RTC EMPLOYEE, R/O CLOUGHPET, 4TH LINE, ONGOLE, PRAKSAM DISTRICT, ANDHRA PRADESH,- 5231715. ...RESPONDENT(S): Counsel for the Petitioner: 1. JALLI KANUKA Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed for the following relief: “…to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to Declare the action of the Respondents 2 to 4 in interfering religious activities of the petitioner and the pastor, permanent president of the JMB Church, Ongole based of the Respondents 5 to 8 as arbitrary. Illegal, unjust, colorable exercise of power, showing favoritism and interferes of the freedom religion and practice and consequently direct the respondent No.2 to 4 to provide immediate and adequate police protection to the Petitioner to ensure his safe and unhindered entry into the Church premises including preaching from the pulpit area and to enable him to perform his sacred duties as Senior Pastor…” 2. Heard Sri C.Nageswara Rao, learned Senior Counsel, appearing for Mrs.Jalli Kanuka, learned counsel for Petitioner and learned Assistant Government Pleader. 3. Sri C.Nageswara Rao, learned Senior Counsel for the Petitioner, submits that the Petitioner, aged about 83 years, is the Senior Pastor of 3 Jewett Memorial Baptist Church (JMB Church), Ongole. The Respondents 4 to 7 instituted SROP No.06 of 2017 before the learned I Additional District Judge, Prakasam District, Ongole, seeking a declaration that the Standing Committee resolution dated 06.06.2017 reappointing the Petitioner as Pastor was illegal and contrary to the constitution of the Church, and also sought a permanent injunction restraining him and others. By order dated 20.04.2026, the learned Trial Court dismissed the said SROP, holding that the reappointment of the Petitioner as Senior Pastor was neither illegal nor contrary to the constitution of the Church, that there were no adverse remarks against him in discharging his duties, and that the Petitioners therein were not entitled to the relief of permanent injunction. 4. Per contra, Sri P.Ajay Babu, learned Assistant Government Pleader, on written instructions, submits that the disputes are essentially internal to the Standing Committee of the JMB Church, arising out of factionalism and repeated clashes between rival groups, which have already resulted in multiple criminal cases and civil proceedings. Preventive measures under Sections 163 and 164 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity, ‘the BNSS’) have been invoked by the authorities to ensure peace and order, and the situation is presently under control. In view of the fact that law and order measures are already in place and the Petitioner’s reappointment as Pastor has been upheld by the competent civil court, the prayer for police protection is misconceived. 4 5. As seen from the record, the Petitioner’s reappointment has already been upheld by the competent civil court in SROP No.06 of 2017, and there are no adverse remarks against him in discharging his duties. At the same time, it is evident that disputes among the Standing Committee members have led to repeated clashes, multiple criminal cases, and factionalism within the Church. The role of the police and revenue authorities has been confined to maintaining peace and preventing breach of law and order, and not to interfere in religious or internal committee matters. 6. This Court is mindful that freedom of religion and the right to practice faith are constitutionally protected, but such rights cannot extend to disturbing public order or creating law and order problems. Therefore, while the Petitioner is entitled to perform his sacred duties, he must do so without causing disturbance to the congregation or aggravating factional disputes. 7. Considering the facts and circumstances of the case, the Writ Petition is disposed of directing the Respondent Nos.2 and 3 not to interfere with the Petitioner in discharging his duties as Senior Pastor unless his activities are found to be contrary to law or the constitution of the Church; as an interim measure, Respondent Nos.2 and 3 shall not cause any hindrance or obstruction to the Petitioner in conducting prayers as Senior Pastor of JMB Church, Ongole; it is further clarified that the Petitioner shall not cause any disturbance affecting law and order or peace within the Church; and, having regard to the fact that the Petitioner is aged 83 years, he shall attend the 5 Church, except with one or two assistants solely for the purpose of conducting prayers. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 05.05.2026 PRA 6 255 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 12582 of 2026 Date: 05.05.2026 PRA