IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 543 of 2009 Between: 1 The Bible Mission (Regn.No.66/1959), Bible Mission Compound, Guntur, Rep by its President Rev.Dr.Addnaki John 2 Rev Dr.Addanki John, S/o. late Krupadanam, The Bible Mission, Guntur, R/o. Mudunuru, Pentapadu Mandal, West Godavari District. ..... PETITIONER(S) AND 1 The Superintendent of Police, Guntur District, Guntur. 2 The Additional superintendent of Police, Guntur. 3 The Deputy Superintendent of Police, Guntur Rural, Guntur 4 The Inspector of Police, Mangalagiri Circle, mangalagiri, Guntur District. 5 Rev. J.Samuel Kiran, S/o. Jonh Selvaraj, R/o. Bethal house, Railpet, Guntur. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned Notice dated 9-1-2009 passed by the 1st respondent vide C.No.23/SB-XI/09 rejecting permission to hold Annual Convention of the 1st petitioner Bible Mission in and around the site of the Bible Mission OPP: Nagarjuna University, Nagarjuna Nagar, Guntur as illegal, arbitrary, opposed to the cannons of the natural justice and contrary to the mandate of Part-III of the Constitution of India and also violative of Article 19(1)(a)(b)(c) and 25 of the Constitution of India and consequently set aside the same and thereby accord permission to the petitioners to hold the Annual Convention Meetings on 27th 28th and 29th of January, 2009 at and around the site of the Bible Mission, Opp: Nagarjuna University, Nagarjuna Nagar, Guntur. Counsel for the Petitioners: MR.G.RONALD RAJU Counsel for the Respondent No.: GP FOR HOME The Court made the following : O R D E R:- The 1st petitioner is a Bible Mission, which is a Christian religious organization, and the 2nd petitioner is the President of it. For the last 10 years, Annual Conventions of Bible Mission have been held on 27th, 28th and 29th of January in Kaza village, Opposite to Nagarjuna University, Nagarjuna Nagar, Guntur. While so, the 1st petitioner made an application to respondents 1 to 4, who are police officials, to accord permission to conduct Annual Convention on 27th, 28th and 29th of January, 2009 in the same premises, but they have not been granted permission. Then, the petitioners filed W.P. No.29212 of 2008, and this Court, passed an interim order dated 31.12.2008 in W.P.M.P. No.38156 of 2008 directing the 1st respondent-Superintendent of Police, to consider the petitioners’ representation, in accordance with law. In pursuance of the interim direction given by this Court, the 1st respondent considered the petitioners’ representation and issued the impugned Notice dated 9.1.2009 rejecting permission to conduct annual convention on the above- mentioned dates on the ground that a civil suit is pending before VIII Addl. District Judge, Guntur and to also to maintain law and order in the interest of public peace and tranquility. The petitioners further state the 5th respondent, who was found to have embezzled the funds of the 1st petitioner, was expelled from the Executive Committee of the 1st petitioner-Bible Mission and against him they filed O.P. No.32 of 2008 before VIII Addl. District Judge, Guntur seeking a declaration that the 5th respondent and his men have nothing do to with the 1st petitioner-Bible Mission, and for a consequential injunction. Now, the petitioners’ grievance is that the 1st respondent, in collusion with the 5th respondent and his men, issued the impugned Notice rejecting permission to conduct annual convention, and the 5th respondent, who has nothing to do with the Executive Committee of the 1st petitioner, has been actively erecting Pandals with a view to making arrangements rapidly for conducting meetings in and around the premises in question with a mala fide intention to mislead the pilgrims and the members of the 1st petitioner and also creating an impression in the minds of the public that the 5th respondent and his men are the authorized members of the 1st petitioner- Bible Mission. Challenging the impugned notice and also the illegal action of the 5th respondent, this writ petition is filed. The learned counsel for the petitioners has contended that though the writ petitioners regularly conduct annual conventions every year in the premises in question, the 5th respondent along with his men, under the guise of the impugned notice, is trying to make arrangements for conducting meetings with an evil intention and contrary to the decision of the Executive Committee of the 1st petitioner-Bible Mission from which they were expelled in the year 2007. The learned Government Pleader for Home, on instructions, has submitted that the 5th respondent is holding meetings on the above- mentioned dates at some other place, and similarly, the petitioners are also conducting meetings on the same dates at Tadepalligudem, but not in the disputed premises. Heard the learned counsel for both the parties at length and perused the material placed on record. Admittedly, there are civil disputes between the petitioners and the 5th respondent, and as could be seen from the material placed on record, civil proceedings before the competent civil Court, are pending. The police have already considered the application of the petitioners taking into consideration the civil disputes and the law and order problem and rejected the permission. Apart from this, the petitioners are also conducting meetings at some other place, and there is no material to show that the 1st respondent-police has acted or is acting at the instance of the 5th respondent. In view of the pendency of the civil proceedings, this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, feels it improper to direct the police officials to interfere with the disputes of the petitioners and the 5th respondent, which are civil in nature. Hence, I see no merits in this writ petition, and the same is thus dismissed. No costs. ______________ N.V.RAMANA, J 23rd January, 2009 Note: Furnish copy by tomorrow B/o bcj