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The Indigenous Churches in India Trust, v. The State of Andhra Pradesh, Rep. by it Principal Secretary

Court: High Court for State of Telangana

Bench: GADI PRAVEEN KUMAR

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-02-27. The Indigenous Churches in India Trust, v. The State of Andhra Pradesh, Rep. by it Principal...

Judgment text

[ 3487 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTTCE GADI PRAVEEN KUMAR WRIT PETITION Nos: 28349 OF 2013 AND 8279 OF 2014 WRIT PETITION NO: 28349 0F 2013: Between: The lndigenous Churches in lndia Trust, Hebron Church, Golconda Cross Roads, H-yderabad, Rep. by its Trustee Bro. Mallavarapu Emmanuel (CT of Petitioner Representative name is amended as per C. O. dated 08. 01 . 2026 in lA No. 1 ot 2O251 Petitioner/4s Responde nt AND 1. The State of Andhra Pradesh, Rep. by it Principal Secretary, Revenue Department (Registration and Stamps), Secretariat, Hyderabad 2. The Commissioner & lnspector General of Registration, and-Stamps, Hyderabad 3. The District Registrar-cum-Registrar of Societies, Hyderabad 4. Sri. Matta Peter (Pastor), Bethlehem Prayer House, Munasubgari Street, Chellapally, Krishna District. ...

Respondents Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in holding the Society of Trustees of lndigenous Churches in lndia, Registration No. 114/1971, is not dissolved by any court or no resolutions of dissolution or received by this office, vide proceedings in Letter No. 14677lSoc/2013 dt. 20. 9. 2013, as illegal, unjust, arbitrary, without jurisdiction and violative. of Articles 14, 19(1)(c), 25, 26 and 300-A of the Constitution of lndia and contrary to the provisions of A. P. Societies Registration Act, 2001 and also contrary to the Judgments of this Honble Court in W. P. Nos. 7639/2004 and W. P. No. 16430/2008 and consequentially set aside the same. l. A NO: 1 OF 2013(WVMP.

NO: 33s3 OF 2013) Between: Sri l'latta Peter (Pastor), S/o. Satyam, Aged about 55 years, Bethlehem ' Prayr:r House, uurnasuqjiri Street, Cheliapally, Krishna Dis[rict. ... Petitioner/4h Respondent AND 1 The lndigenous Churches in lndia Trust, Hebron Church, Golconda Cross Roacrs, Hyderabad, Rep. by its Trustee Bro. FCS Peter 2 The litate of Andhra Pradesh, Rep. by it Principal gecretary, Revenue Dep:rrtment (Registration and Stahpd), Secrethriaf, Hyderjbad 3 The tlommissioner & lnspector General of Registration, and Stamps, Hyderabad 4. The l)istrict Registrar-cum-Registrar of Societies, Hyderabad ... Respondents/Respondent I to 3 Petition under Section '151 CPC praying that in the circumstances stated in the affid;rvit filed in support of the petition, the High Court may be pleased to vacate the interim orders granted in WPMP No. 3S1g7 of 2013 in Wp No. 2g349 of 2013, dated: 03. 10. 2013 and dismiss the Writ petition with costs l. A NO: 2 OF 2013(WP MP.

NO: 35197 OF 2013) Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the proceedings of in Letter No. 16477lsoc/2o't 3 dt. 20. 9. 2013 of the 3rd Respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. R. PRABHAKAR Counsel for the Respondent No. 1 to 3: GP FOR REVENUE Counsel for the Respondent No. 4: SRI G. RAVI MOHAN WRIT PETITION NO: 8279 OF 20112 Between: lndigenous C_hurcfes_ ln lndia Trust, tlebron Church, Golconda Cross Roads, Hyderabad, Rep. by its Trustee Bro. FCS Peter ... Petitioner ANO ,| The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Dep;rrtment (Registration and Stampi), Secretaiiat, HyOera6ia 2. The Commissioner & lnspector General of Registration, and Stamps, Hyderabad 3. The District Registrar-cum-Registrar of Societies, Hyderabad, 4. Sri R. Veerachary. S/o. Narsaiah, aoed about 44 years, R/o.

Flat No. 304, Venkataiah Apartments, Santhosh [lagar, Miryalaguda, Nalgonda District - 508207. 5. Bro. B. Timothy, S/o. late B. Ramachandraiah Chetty Age about 70 years, Occ Gods ServanUPastor Rio. Flat No. 155, Janapriya Apartments, Gandhi Nagar, Musheerabad, Hyderabad-S0O 020 6. Sri V. Sulaiman, Registrar of Societies-cum-District, Registrar, Opp. Niloufer Hospital, Red Hills, Hyderabad ... RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to Issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd Respondent in stating that the resolution dt. 23. 3. 2004 passed by the Society of Trustees of lndigenous Churches in lndia (Regd. No. 11411971) was not accepted and it was not in accordance with law, by issuing proceedings in Lr. No. 6009/Soc/2O13 dt. 25. 11.

2013, though this Honble Court declared that the Society was dissolved in accordance with law as per the Special Resolution dt. 23. 3. 2004 passed by Society's General Body, as illegal, unjust, arbitrary, without jurisdiction and in violation of principles of natural justice and violative of Articles 14, 19(1)(c), 25, 26 and 300-A of the Constitution of lndia and contrary to A. P. Societies Registration Act, 2001 and also contrary to the Judgments of this Honble Court in W. P. Nos. 763912004 and W. P. No. 1643012O08 and consequentially set aside the same. l. A. NO: 1 OF 2014(WPMP. NO: 10328 OF 20141 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the proceedings in Lr. No. 6009/Soc/2013 dt. 25. 11. 2013 issued by the 3'd Respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI NADELLA VENKATESWARA RAO Counset for the Respondent No.

l to 3: GP FOR REVENUE ! Counsel for the Respondent No. 4: SRt K. SAISRI HARSHA Counselfor the Respondent No. 5 & 6: - - - - I The Court made the following: COMMON ORDER t ! IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD * {. *rk THE HON'BLE SRT JUSTICE GADI PRAVEEN KUMAR WRIT PETITIOil Nos. 28349 of 2013 and 8229 of 2014 DA'fEt 27. 02. 2026 W. P. No. 28349 of 2013 Between: The Indigenous Churches in India Trust, Hebron Church, Golconda Cross Roads, Hyderabad rep. by its Trustee. ... Petitioner AND The State of Andhra Pradesh Represented by its Principal Secretary Revenue Department (Stamps and Registration) and 3 others ... RespondenE COMMON ORDER: :;ince the issue involved in both petitions the Writ is one and the same, they are being disposed of by this common order. 'lhese Writ Petitions are Rled questioning the communication dated 20. 09. 2013 and 25. 11. 2013 as illegal and arbitrary and also contrary to the judgments of this Court in W. P. Nos.

7639 of 2004 and 16430 of 2008 and consequenfly, set aside tte same. 2. Facts giving rise to filing of these writ Petitions briefly stated are that the dispute between the parties pertains to the issue whether the society r viz. t The Society of Trustees of Indigenous Chruches in India, has been dissolved or continues to be in , existence. 3. Learned counsel for the petitioner placed reliance upon the judgment dated 04. 03. 2024 passed by a Division Bench of this Court in W. A. No. 1289 of 2OO9, wherein at para 6, it was obserued that the information furnished by the Registrar of Societies to the respondent does not amount to an order passed under the Telangana Societies Registration Act, 2O0L, and such issue cannot be adjudicated at the first instance in the Writ Petition under Article 226 of the Constitution of India. Therefore, the Honble -Division Bench set aside the order dated 24. 06. 2009 passed by the learned single Judge in w. P. No. 16430 of 2008.

However, liberty was reserved to the parties to take recourse to the action as per permissible under law. 4. A perusal of the impugned proceedings, dated 20'09'2013 shows that it is only a communication issued by the District Registrar addressing to one Matta Peter (Pastor), Bethlehem Payer House, Munasubgari Stree! challapalli, Krishna Disrict, A. P. , informing that as per the records, the registration of the society of Trustees of Indigenous Church in India, has not been dissolved by any Court and no resolution regarding dissolution has been received by the office. 5. A perusal of the impugned proceedings dated 25. 11. 2013 reveals that it is a communication addressed to R. Veerachary, Golconcla Cross Roads, Musheerabad, Hyderabad, informing that the records relating to amendment of bye laws etc. , filed by Sri B. Thimothy dated 03. 10.

2013 were not taken on record and the same urere kept pending, in view of the various cases before this Court ernd accordingly, advised to approach the civil court for appropriate remedy. \ 6. The aforesaid communications were challenged in both the Writ Petitions respectively. 7. Having considered the facts and following the judgment of the Division Bench in W. A. No. 1289 of 2009, dated 04. 03. 2024, , this C-ourt is of the view that the impugned communications dated 20. 09. 21013 and 25. 11. 2013 issued by the Disbid Registrar are merely informational in nafure, reflecting the records available in the office of the Registrar. They do not constihJte orders passed in exercise of any statutory power under the Telangana Societies Registration Act, 2001, nor do they determine or adjudicate the rights of the parties. li -. 8.

Since the dispute between the parties relates to the existence or dissolution of the society, which invotves disputed questions of fact, the same cannot be adjudicated in these writ proceedings. The appropriate remedy for the parties is to the _approach competent civil court or other forum as permissible under law. 9. Accordingly, the Writ Petitions are disposed of, granting liberty to the petitioner to avail appropriate remedies before the competent forum in accordance with law. There shall be no order I as to costs. l I I I 10. Pending miscellaneous petitions, if any, shall stand ctosed. l ; il Sd/. M. NAGAMANI il ASSISTANT REG Ir I I //TRUE COPY/ I N OFFICER i I ll To, 1. The Principal Secretiary, Revenue Dgpqrtm. qnt. (Registration and Stamps), The State bf Andhra Piadesh, Secretiriat, Hyderabad 2. The eommissioner & lnspect6r General of Registration, and Stamps, Hyderabad 3. Tlia b istrict Registrar-cuq-Rgglstgr of Societi Hyierabad -es, 4. One CC to SRI-K. R.

PRABHAFGR, Advocate [OPUC] -tlAo, AdvocalqloPucl s: on; aa 6 $nl ruAoeLLA vENKATESWARA 6. i*o CCsioep FOR REVENUE, High Court for the State of Telangana. 7. bo.? 'J" to sRt G. RAvt MoHAN, Advocate toPUQI - 8. One CC to SRI K. SAI SRI HARSHA, Advocate [OPUC] 9. Two CD Copies BN/PMK W HIGH C. OURT DATED:2il02t2026 lrlE S t (J COMMON 1 6 APfi 202[ ORDER WP. Nos. 28349 * of 2013 & 0t.. -.. - 8279 of 2014 DISPOSING OF BOTH THE WRIT PETITIONS WITHOUT COSTS q \

Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.