Andhra Pradesh High Court - Amravati
Andhra Pradesh Brahmana Seva ... vs Andhra Pradesh Brahmana Seva ... on 23 March, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
I.A.No. 1 & 4 of 2021
IN/AND
WRIT APPEAL No.53 of 2021
(Taken up through video conferencing)
Andhra Pradesh Brahmana Seva Sangha Samakhya
(Registered society vide Regn.No.209/1984),
its office at D.No.23-5-10, Vandanapuvari Veedhi,
Satyanarayanapuram, Vijayawada
(Andhra Pradesh) rep.by its President
Jwalapuram Srikanth S/o. Srinivasacharyulu,
r/o.D.No.6-3-130, Ramnagar,
Ananthapuram Town,
Ananthapuram District-510 051. .. Appellant
Versus
Andhra Pradesh Brahmana Seva Sangha Samakhya
Registered Society vide Regn.No.209/1984)
Rep.by its General Secretary, Konuru Satish Sharma
S/o. Hanumantha Rao, Visakhapatnam,
Andhra Pradesh and 2 others. .. Respondents
Counsel for the Appellant : Mr.Y.V.Ravi Prasad, Sr.Counsel,
Assisted by Mr.Dasari S.V.V.S.V.Prasad
Counsel for Respondent No.1 : Mr.R.Nagarjuna
Counsel for Respondent No.3 : Mr.P.Subhash, G.P. for Revenue
Counsel for Respondent No.2 : ----
ORAL JUDGMENT
Date: 23.03.2021
(per Arup Kumar Goswami, CJ)
Heard Mr.Y.V.Ravi Prasad, learned Senior Counsel assisted
by Mr.Dasari S.V.V.S.V.Prasad, learned counsel for the appellant. Also
heard Mr.R.Nagarjuna, learned counsel for respondent No.1/petitioner,
Mr.P.Subhash, learned Government Pleader for Revenue for respondent
No.3. None appears for respondent No.2.
2) I.A.No.4 of 2021, is an application to amend the cause title
of the Writ Appeal, in respect of the description of the appellant, as
follows:
"Jwalapuram Srikanth S/o. Srinivasacharyulu,
r/o.D.No.6-3-130, Ramnagar, Ananthapuram Town,
Ananthapuram District 510 051, President, Andhra
Pradesh Brahmana Seva Sangha Samakhya (Registered
society vide Regn.No.209/1984), its office at D.No.23-
5-10, Vandanapuvari Veedhi, Satyanarayanapuram,
Vijayawada (Andhra Pradesh)."
3) The original cause title of Writ Appeal reads as follows:
"Andhra Pradesh Brahmana Seva Sangha Samakhya
(Registered society vide Regn.No.209/1984),
its office at D.No.23-5-10, Vandanapuvari Veedhi,
Satyanarayanapuram, Vijayawada
(Andhra Pradesh) rep.by its President
Jwalapuram Srikanth S/o. Srinivasacharyulu,
r/o.D.No.6-3-130, Ramnagar,
Ananthapuram Town,
Ananthapuram District-510 051. .. Appellant
And
1. Andhra Pradesh Brahmana Seva Sangha Samakhya
Registered Society vide Regn.No.209/1984)
Rep.by its General Secretary, Konuru Satish Sharma
S/o. Hanumantha Rao, Visakhapatnam,
Andhra Pradesh.
2. The Registrar of Societies, Office of the District Registrar,
Visakhapatnam, Visakhapatnam District.
3. The State of Andhra Pradesh, rep.by its Secretary,
Revenue (Stamps and Registration) Department,
Secretariat, Velagapudi, Amaravathi,
Guntur District. .. Respondents"
4) The Writ Appeal, as was originally filed, would indicate that
the same was filed by the Registered Society through the President and
the Writ Petition was filed by the Society represented by the General
Secretary. Apparently, there is a dispute amongst the members of the
society.
5) It is submitted by Mr.Y.V.Ravi Prasad, learned senior
counsel, that the writ petition was filed suppressing material facts and
in such circumstances, I.A. may be allowed. Considering the matter in
its entirety, we allow the amendment as prayed for. Accordingly,
I.A.No.4 of 2021 is allowed.
6) An application for leave to appeal is also filed, which is
I.A.No.1 of 2021.
7) Having regard to the subject matter projected, we are not
inclined to grant leave to appeal. If according to the appellant he was a
necessary party, he may file appropriate application before the learned
single Judge, if so advised.
8) Accordingly, the writ appeal is disposed of. No costs.
Pending miscellaneous applications, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
GM
