Forum For Social Justice And ... vs The Union Of India,
2021 Latest Caselaw 1224 AP

Citation : 2021 Latest Caselaw 1224 AP
Judgement Date : 1 March, 2021

Andhra Pradesh High Court - Amravati

Forum For Social Justice And ... vs The Union Of India, on 1 March, 2021

Bench: R Raghunandan Rao

     THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

               WRIT PETITION No.4853 of 2021


ORDER:-

      Heard Sri Dr.D.V.Rao, learned counsel for the petitioners,

Sri P.Bhaskar for Railway and learned Government Pleader for

Home for respondent No.3.

2. This writ petition is filed by two writ petitioners. The

first petitioner is said to be a voluntary organization fighting for

social causes for the benefit of the employees of the Indian

Railways. The 2nd petitioner is described as an Individual.

3. The case set out by the petitioners is that an

organization known as "All India OBC Railway Employees

Federation" is one of the societies representing some of the

employees in the Indian Railways. The said society had

requested for certain benefits that are normally given to such

Societies by the Indian Railways and as these benefits were not

being given, writ petitions had also been filed before this Court.

At that stage, the 2nd respondent issued a circular dated

06.10.2020 and 22.12.2020 which are now under challenge

before this Court.

4. The first petitioner is said to be a Society which is

working for the benefit of employees of Indian Railways. It is not

clear as to what vested right of the first petitioner is affected for

the first petitioner to file a writ petition in relation to

proceedings relating to another organization namely "All India

OBC Railway Employees Federation". As such, the first

petitioner cannot maintain this writ petition.

5. As far as the 2nd petitioner is concerned, he is

described as an Individual in the cause title. However, the main

prayer in the writ petition is as follows:

"It is therefore prayed that this Hon'ble Court may be

pleased to issue a Writ, Order or direction more particularly

one in the nature of Writ of mandamus declaring:

(i) The action of the O/O Respondent No.2 in interfering in the internal matters of the Second Petitioner Society and misusing powers for corruption etc.

(ii) The action of the Respondent No.3 for not registering FIR against the complaint, dated 23.01.2021 of the Second Petitioner as illegal, arbitrary, violation of various judgments of apex Court, Anti-Corruption Laws, Registration of Societies Act, Natural Justice and Article 21 of Constitution of India.

Consequently, direct the Respondent No.4 to investigate the matter and pass such other order or orders may deem fit and proper in the circumstances of the case."

6. The said prayer describes the second petitioner as a

Society and the action of the 2nd respondent in issuing the

impugned circulars is said to interfere with the internal matters

of the 2nd petitioner Society. As a consequence of which, the

inaction of the 3rd respondent in not registering an FIR on the

basis of the complaint filed by the 2nd respondent is also

challenged. As can be seen from the main prayer, the complaint

appears to be more in relation to alleged interference in the

activities of the 2nd petitioner which is described as a Society.

7. The prayer in the writ petition is not in consonance

with the pleadings in the petition and in any event such a prayer

cannot be granted as the 2nd petitioner is not a Society but a