Andhra Pradesh High Court - Amravati
J Dyva Aseervadam vs The State Of Andhra Pradesh on 8 January, 2026
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMAI|^^ATI .7/(..y
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THURSDAY, THE EIGHTH DAY OF JANUARY ^
TWO THOUSAND AND TWENTY SIX ■<.
: PRESENT:
THE HONOURABLE JUSTICE SRI K SREENIVASA REDDY
WRIT PETITION NO: 1043 OF 2026
Between:
J Dyva Aseervadam, S/o J. Yolian, Aged about 45 years OccPastor, Trinity
Lutheran Cfiurch, Guntur, R/o D.No.12~13-25, Kugler Hospital Staff Quarters,
Guntur, Andhra Pradesh- 522001y"
Petitioner
AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Minority
Welfare Departm^t, Velagapudi, Amaravati, Guntur District, Andhra
Pradesh.522238 '
2. The Andhra Evangelical Lutheran Church (AELC), A Society registered
under the provisions of Societies Act XXI of 1860, (Regd No.2/1932) J
Having its Office at Post Box No.205, Guntur, Andhra Pradesh-522002.
Represented by its Controller
3. The Administrator, The Andhra Evangelical Lutheran Church (AELC)
Guntur, Andhra Pradesh.522002
4. B.A.S.L. Kumar, Addl. Pastor, Emmanuel Lutheran Church, MVP
Colony, Visakhapatnam- 530017
Respondents
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 to issue a Writ, Order or Direction more particularly one in the nature
of Writ of Mandamus, declaring the action of Respondents Nos.2 and 3 herein
in issuing proceedings No.48/App/25 dated 06.01.2026 (Served on the
Petitioner on 07.01.2026) transferring the Petitioner from the Trinity Lutheran
Church, Kugler Hospital Compound, Kothapet Guntur, Central Guntur Synod
with effect from 17.01.2026 as being illegal, arbitrary, unjust, contrary to the
AELC Constitution and violative of Articles 14, 21 and 26 of the Constitution of
India and also in violation of the directions of the Division Bench of this Honble
Court in W.A. No. 1033 of 2023 & batch dated 03.04.2025 and Consequently
set aside the proceedings No.48/App725 dated 06.01.2026 (Served on the
Petitioner on 07.01.2026) issued by the Respondent Nos.2 and 3 herein. ''
lA NO: 1 OF 2026
Petition under Section isf CPC praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to suspend the operation of proceedings No.48/App/25
dated 06.01.2026 (Served on the Petitioner on 07.01.2026) issued by
Respondent Nos.2 and 3, Pending disposal of WP No. 1043 of 2026, on the
file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereoTand upon hearing the arguments of Sri N
Ashwani Kumar, Advocate for the Petitioner, and of GP for Social Welfare for
the Respondent No. 1, the Court made the following.
ORDER
Learned Assistant Government Pleader for Social Welfare takes notices for respondent No.1 and seeks time for filing counter-affidavit.
Learned counsel for the Writ Petitioner is permitted to take out personal notice to the respondent Nos.i^to 4 by Registered Post with Acknowledgment Due and file proof of service In the Registry within a period of three (03) weeks.
Heard the learned counsel for thfe Writ Petitioner and learned Assistant Government Pleader for respondent No.1.
A perusal of the material on record goes to show that the Executive Committee of each synod has to recommend for synond to synod transfers and thereupon the Executive Council would pass orders of transfer in accordance with the by-laws for synods as per Article V Sections 3 to 5 of the Constitution of Andhra Evangelical Lutheran Church. ^ B&sing on the same, learned counsel appearing on behalf of the Writ Petitioner submits that no such recommendation has been made by the Executive Committee, but respondent No.3/ Administrator, without there being any recommendation has passed an Order, transferring the Writ Petitioner from Trinity Lutheran Church, Kugler Hospital Compound, Kothapet Guntur, Central Guntur Synod with effect from 17.01.2026 on the ground that he has completed more than 10 years in the same Parish.
A perusal of the Proceedings issued by 3'^'' respondent/Administrator, except stating that the Writ Petitioner has been transferred from Trinity Lutheran Church, Kugler Hospital Compound, Kothapet Guntur, Central Guntur Synod with effect from 17.01.2026, it Is not even mentioned as to which place the Writ Petitioner has been transferred. At the same time, one B.A.S.L.Kumar/ respondent No.4 has been transferred to the place i.e. Trinity Lutheran Church, Kugler Hospital Compound, Kothapet Guntur, Central Guntur Synod, of the AEL Church with effect from 17.01.2026, where the Writ Petitioner is serving. The procedure adopted by 3*^^ respondent/ Administrator prima facie is not in accordance with law and It requires examination.
In view of the same, there shall be interim sus^nsion of operation rd of Proceedings No.48/App/25, dated 06.01.2026 issued by 3 r<ispondent/Administrator for a period often (10) days.
List the matter on 20.01.2026.
//TRUE COPY// deputy REGpiTlAR SECTION To
1. The Principal Secretary, State of Andhra Pradesh, Minority Welfare Department, Velagapudf Amaravati, Guntur District, Andhra Pradesh.522238
2. The Controller, Andhra Evangelical Lutheran Church (AELC), A Society registered under the provisions of Societies Act XXI of 1860, (Regd No.2/1932), Having its Office at Post Box No.205, Guntur, Andhra Pradesh-522002.
3. The Administrator, The Andhra Evangelical Lutheran Church (AELC) Guntur, Andhra Pradesh.522002
4. B.A.S.L. Kumar, Addl. Pastor, Emmanuel Lutheran Church, MVP Colony, Visakhapatnam- 530017 w' "
5. One CC to Sri N Ashwani Kumar, Advocate [OPUC] !SS:S;; '■W V
6. Two CCs to GP for Social Welfare, High Co^ of Andhra Pradesh. [OUT]
7. One spare copy HIGH COURT SRK, J DATED: 08/01/2026 LIST THE MATTER ON 20.01.2026 ORDER WP.No.1043 of 2026 INTERIM SUSPENSION