Raagi Veerachary vs M.Emmanuel
2023 Latest Caselaw 9 Tel

   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