Andhra Pradesh High Court - Amravati
Rev. Geddam David Nelson Babu, vs The State Of Andhra Pradesh, on 22 August, 2022
HIGH COURT OF ANDHRA PRADESH: AT AMARAVATI
MAIN CASE No.W.P.No.19959 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
(7) 22-08-2022 CMR, J. Trans-
ferred to
I.O.
At request of learned Government Pleader for Folder.
Revenue for filing additional counter-affidavit, post the
matter, finally, after one week.
I.A.No.1 of 2022
Impugned proceedings are passed under Section
144 Cr.P.C. The learned Mandal Executive Magistrate,
while withdrawing the orders, dated 18.06.2022 passed
by him under Section 144 Cr.P.C., made certain
observations in the penultimate paragraph of the
impugned order deciding the rights of the parties relating
to managerial affairs of the Church. The writ petitioner
is aggrieved by the said observations which are
incidentally made by the learned Mandal Executive
Magistrate in the impugned order. According to the writ
petitioner, it is not within the competence of the learned
Mandal Executive Magistrate to make any such
observations deciding the rights of the parties to
managerial affairs of the Church. Therefore, challenging
the said observations made in the impugned order, the
instant Writ Petition has been filed.
After hearing both the learned counsel for the
petitioner and learned Government Pleader for Revenue
and also learned counsel appearing for the unofficial
respondent, this Court finds considerable force in the
contention of the writ petitioner. The learned Mandal
Executive Magistrate, while exercising his powers under
2
Section 144 Cr.P.C., is not empowered under law to
make any observations even incidentally deciding the
rights of the parties to managerial affairs of the Church.
The learned Mandal Executive Magistrate in the
penultimate paragraph of the impugned order made the
following observations:
"After careful consideration of the entire material
papers submitted before me by both parties, I am
under the opinion that it is not necessary to continue
the orders issued by me under Sec.144 Cr.P.C. as Rev.
E. Rajendra Kumar, who is authorised to conduct the
Church worship of V T Sanitorium Konthamuru as
Pastor. I am also informing the Inspector of Police, III
Town Police Station that necessary protection can be
given to the Pastor Rev. E. Rajendra Kumar for smooth
and fair conduct of Church worship. As Rev. G D
Nelson Babu has no authority to act as Pastor and he
has no authority to interfere with smooth conduct of
Church worship by the Pastor by Rev. E. Rajendra
Kumar."
The above observations made by the learned Mandal
Executive Magistrate in the impugned order are,
undoubtedly, beyond his competence under law. He is
not supposed to make any such observations deciding
the rights of the parties relating to managerial affairs of
the Church. In fact, it is within the competence of the
civil Court to decide the rights of the parties in relation
to the affairs pertaining to the management of the
Church.
Therefore, in the said facts and circumstances of the
case, as this Court prima facie found that the
observation in the impugned order is unsustainable
under law, there shall be a direction to the respondent
police officials not to act upon the said observations
3
which are prima facie found to be illegal and not to take
any action in respect of the managerial affairs of the
Church, till the next date of hearing.
_________
CMR, J.
cs