IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 13032 of 2009 Between: Jehovah Nissi Christian Welfare Association Rep. by its President M.George, S/o. Late Israel R/o. 2-2-186/185, Amberpet, Hyderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep. by its Secretary, Secretariat, Hyderabad. 2 The Station house Officer, Amberpet Police Station Hyderabad. 3 M.Joshua S/o. Bala Subrahmanyam R/o. Flat No. 205 Govindula Residency, Amberpet, Hyderabad. 4 K.Amos S/o.Purushotham R/o. 2-2-64/2, Amberpet, Hyderabad. 5 T.Vijaya Rao S/o.Late Isaac R/o. 2-3-647/A/30 New Prem Nagar, Hyderabad. 6 K.Therus Abraham S/o. Abraham R/o. 2-2-64/2 Amberpet, Hyderabad. 7 I.Solomon S/o. Samson R/o. 2-2-532 Amberpet, Hyderabad. ..... RESPONDENTS Counsel for the Petitioner : Mr. A.SRINATH Counsel for Respondent Nos.1&2 : AGP FOR HOME Counsel for Respondent Nos.3 to 7 : ----- The Court made the following : O R D E R: The petitioner, which clams to be a registered Association, felt aggrieved by the inaction of respondent No.2 in giving Police protection to its President and members, in order to enable them to offer prayers in Church Jehovah Nissi Christian Welfare Association. In its affidavit, the petitioner-Association narrated past events, which disclose existence of serious disputes over the right of the members of the petitioner-Association to enter the property, where the abovementioned Church is located. The petitioner-Association also filed a private complaint against respondent Nos.3 to 7 on the file of the IV Additional Chief Metropolitan Magistrate, Hyderabad, who referred the same to the Police, and the Police registered it as Crime No.486 of 2008 for the offences punishable under Sections 427, 447 and 506 IPC. On an earlier occasion, petitioner-Association also filed W.P.No.28217 of 2008, which was dismissed in default on 24-12- 2008. One V.A.Anandam, who claims to be the General Secretary of the petitioner-Association, addressed a letter on 07.06.2009 to respondent No.2, stating that when he visited the abovementioned Church on 07.06.2009 for Sunday prayers, he was stopped at the entrance by some miscreants and was manhandled by respondent No.7 herein and his son Manoj, apart from being abused in filthy language. It was further stated in the said letter that he was pushed out of the said Church and, therefore, he requested respondent No.2 to take action against the said persons. If the grievance of the petitioner-Association is limited only to the inaction of respondent No.2 in acting on the abovementioned complaint, there can be some justification in its approaching this Court, but it seeks further direction to respondent No.2 to give its members Police protection to enable them to offer prayers in the abovementioned Church. I am afraid such a relief cannot be granted in this Writ Petition because there are disputes between the petitioner and respondent Nos.3 to 7 over the right to offer prayers in the abovementioned Church. In the first place, the petitioner will have to seek declaration of the right of its members to use the abovementioned Church for offering prayers. It is only in the event of an order or decree passed by a Competent Civil Court that the petitioner-Association can assert its right. Till then, it is neither desirable nor permissible for the Police to interfere in such private disputes. In this view of the matter, the Writ Petition is disposed of in the following terms. (1) The petitioner-Association is permitted to approach the Competent Civil Court to assert its right regarding offering prayers in the Church in dispute and; (2) Respondent No.2 is directed to take appropriate action, in accordance with the provisions of the Code of Criminal Procedure, on complaint, dated 07.06.2009, said to have been filed by the General Secretary of the petitioner-Association. As a sequel to disposal of the main Writ Petition, W.P.M.P. No.16866 of 2009 filed by the petitioner-Association for interim relief is disposed of as infructuous. _____________________ C.V.NAGARJUNA REDDY, J Dated 2nd July, 2009 kl/lur