ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a Writ or Order more in the nature of Mandamus declaring the action of the 2nd respondent in not initiating any action to cancel the registration of the society bearing No.115/2011, and inaction of the 5th respondent in not registering the complaint against the 6th respondent and consequently to direct the 2nd respondent to laid registration of the society bearing No.115/2011 and direct the 5th respondent to register crime and give protection of Golgotha Prayer House, Nuzvid, Krishna District as illegal and arbitrary.”

The case of the petitioner, in brief, is that he is one among large number of devotees of Jesus Christ and followers of Christianity, brother Bhakthsing has constituted the society of Trustees of indigenous churches in India long back in the year 1971 in accordance with the statutory provisions of the Societies Registration Act and the Rules framed thereunder. However, the said society was dissolved in accordance with law. The Trust of indigenous trustees of India was formed in the year 2005 and all the properties and assets pertaining to the erstwhile society were transferred in favour of the trust, which was created in the place of society. Carmel prayer house which is situated at Chittinagar, Vijayawada has supervision and control over all the churches constructed in Krishna District and after the dissolution of the society, all the churches and prayer halls constituted in and around Krishna District are functioning under the control of the Trust. Initially, the 6th respondent was appointed as Jeep driver for Golgotha Prayer House at Nuzvid and thereafter he was appointed as Pastor. Consequently, he started collecting donations from devotees and constructed two buildings at the site purchased for Golgotha Prayer House. The 6th respondent further collected huge amounts in the form of donations without issuing any receipts for the amounts collected and he misappropriated and misutilized the amounts collected from devotees and no accounts were maintained. The 6th respondent resorted to spend huge amounts of donations for his luxuries and for vices. It is the further case of the petitioner that the 6th respondent had constituted a bogus and fictitious institution called Golgotha Ministries registered with Regd.No.115/2011, which is alleged to have been working under the society of Trustees of Indigenous Churches in India. Since the said society was dissolved in the year 2004, the question of functioning of Golgotha Ministries under the control of erstwhile society is not practicable. The 6th respondent has no authority or power to establish his own society and to utilize the properties and funds pertaining to Golgotha Prayer House for his personal benefit. Further, when the petitioner and the devotees have raised a dispute with regard to illegal activities being carried on by the 6th respondent, he was transferred to some other place as pastor in the year 2011 by the competent authority. However, the 6th respondent filed O.S.No.285 of 2011 before the Senior Civil Judge, Nuzvid against them seeking permanent injunction wherein temporary injunction was granted. Further, the petitioner also made a complaint to the 2nd respondent seeking necessary action to cancel registration of the society as the society is a fictitious one. So far, no action has been initiated. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration.

The main contention of the petitioner is that 6th respondent herein, who was initially appointed as jeep driver for the Golgotha Prayer House, was appointed as pastor and started collecting donations from devotees and misappropriated and misutlized the amounts collected and that later he constituted a bogus and fictitious institution. Further, the 6th respondent also filed O.