B. Rammohan Reddy, vs Vagdevi Educational Society,
2021 Latest Caselaw 5229 AP

      IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                         &
        HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY

                      WRIT APPEAL No. 821 of 2021

                         (Proceedings through physical mode)

B. Rammohan Reddy
S/o. late B. Venkataramana Reddy,
Hindu, R/o. 111-154-11-5-1A,
Prasanthnagar, Madanapalli,
Chittoor District.                                   .. Appellant/
                                                        Respondent No.9

          Versus


Vagdevi Educational Society,
Rep.by its Secretary and Correspondent
B. Sasivardhan Reddy
S/o. Krishna Reddy, aged 30 years,
O/o. D.No.111-145-8-A-16-A,
Prasanthnagar, 2nd Cross,
Madanapalli, Chittoor District
and others.                                          .. Respondents

Counsel for the appellant                     : Mr. Raja Reddy Koneti

Counsel for respondent No.1                   : Mr. D.Vijaya Chandra Reddy

Counsel for respondent Nos.2 to 9             : Government Pleader for
                                                Higher Education.

                             JUDGMENT (ORAL)

Dt: 15.12.2021 (per Prashant Kumar Mishra, CJ)

This writ appeal is directed against the order dated 03.11.2021

passed by the learned single Judge in W.P. No.4400 of 2021 filed by

respondent No.1 herein questioning the inaction of respondent No.5

herein (respondent No.4 in the writ petition) in appointing a Special

Officer by suspending the management of Sri Krishna Chaitanya College

of Pharmacy, College of Physiotherapy, College of Nursing and School of

Nursing established by the respondent No.1/writ petitioner society,

despite representation dated 21.12.2020 submitted by the respondent

No.1/writ petitioner society.

2. By the order under appeal, the learned single Judge disposed of

the writ petition directing the respondent No.5/respondent No.4 to

consider the representation dated 21.12.2020 submitted by the

respondent No.1/writ petitioner society, after affording a personal

hearing to the respondent No.1/writ petitioner and all other concerned,

and pass an appropriate order in accordance with the governing law and

rules expeditiously.

3. Learned counsel for the appellant submits that the appellant, who

is respondent No.9 in the writ petition, is aggrieved for the reason that

the respondent No.5/respondent No.4 is not the competent authority

having jurisdiction in any law to decide such representation. However,

taking shelter of the order passed by the writ court, the respondent

No.5/respondent No.4 may pass orders adverse to the interest of the

appellant/respondent No.9 and interfere in the working of the college

administration.

4. Having considered the submissions made by the learned counsel

for the appellant/respondent No.9, we deem it appropriate to observe

that before deciding the representation of the respondent No.1/writ

petitioner society on merits, the respondent No.5/respondent No.4 shall

advert to the issue concerning his jurisdiction to decide the said

representation. The respondent No.5/respondent No.4 shall proceed to

pass orders on merits only when he is vested with any statutory powers.

If the respondent No.5/respondent No.4 reaches to the conclusion that

he has power under some enactment to decide the issue raised in the

representation preferred by the respondent No.1/writ petitioner, he shall

hear all the parties and pass a reasoned order at the time of deciding

the representation.

5. With the above observations, this writ appeal is disposed of. No

costs. Pending miscellaneous applications, if any, shall stand closed.

PRASHANT KUMAR MISHRA, CJ M. SATYANARAYANA MURTHY, J

GM

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY

WRIT APPEAL No. 821 of 2021 (per Prashant Kumar Mishra, CJ)

Dt: 15.12.2021

GM