THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.877 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. K.V.Bhanu Prasad, learned Senior Counsel
for the appellant and Mr. Chandraiah Sunkara, learned
counsel for respondent Nos.1 & 2/writ petitioners. We have
also heard Mr. M.Roopender, learned Government Pleader for Home representing respondent Nos.3 to 8.
2. This writ appeal is directed against the order dated 23.12.2022 passed by the learned Single Judge in Writ Petition No.6106 of 2022 filed by respondent Nos.1 & 2 as the writ petitioners.
3. Respondent Nos.1 & 2 have filed the related writ petition taking exception to the action of the State respondents, more particularly police officials of Chikkadapally Police Station and Musheerabad Police Station in interfering with the functioning of the Indigenous Churches 2 HCJ & NTRJ W.A.No.877 of 2022 in India Trust and the church at the headquarters of the Trust located at Hebron Church, H.No.1-1-574, Golconda Cross Roads, Musheerabad, Hyderabad.
4. It appears that two more writ petitions were filed with similar grievance being Writ Petition Nos.6725 & 7387 of 2022.
5. All the three writ petitions were taken up for consideration together and by order dated 23.12.2022, learned Single Judge observed that respondent No.7 (appellant herein) lacks locus standi to interfere with the activities of the Indigenous Churches in India Trust. When apprehension of breakdown of law and order during Christmas and New Year celebrations were expressed by respondent Nos.1 & 2, learned Single Judge directed the concerned police not to interfere in the functioning of the Trust and Hebron Church and other churches located within the jurisdiction of Deputy Commissioner of Police, Central Zone and Assistant Commissioner of Police, Chikkadapally, Hyderabad.
3 HCJ & NTRJ
W.A.No.877 of 2022
6. From a perusal of the order dated 23.12.2022, we find that appellant herein had filed O.S.No.999 of 2014 before the Chief Judge, City Civil Court, Hyderabad seeking perpetual injunction on the functioning of the society of trustees of Indigenous Churches in India. The suit was contested whereafter it was dismissed vide judgment and decree dated 25.10.2021. Though appeal has been preferred by respondent No.7 (appellant herein), there is no interim order in the appeal.
7. After hearing learned counsel for the parties, learned Single Judge passed the above order and directed listing of the writ petitions on 20.01.2023.
8. It is evident that the above observation and order of the learned Single Judge are interim in nature. The writ petitions are directed to be listed again on 20.01.2023. Having noted the dispute between the parties, learned Single Judge had exercised his discretion and directed the police not to interfere in the functioning of the Trust and the Church. Such order of the learned Single Judge being interlocutory in 4 HCJ & NTRJ W.A.No.877 of 2022 nature would be subject to final order that may be passed in the writ petitions.
9. That apart, though this is a common order covering three writ petitions, appeal is related to only one writ petition.
10. Be that as it may, we do not find any good ground to interfere with the proceedings of the learned Single Judge in a letters patent appeal.
11. Writ Appeal is accordingly dismissed. However, there shall be no order as to costs.
12. As a sequel, miscellaneous applications pending, if any, in this Writ Appeal, shall stand closed.
_______________________ UJJAL BHUYAN, CJ ______________________ N.TUKARAMJI, J Date: 02.01.2023 KL