Dr Raghava Rao Polavarapu vs The State Of Andhra Pradesh,
2022 Latest Caselaw 941 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 Nos. 234, 142, 149, 204 & 253 of 2022
                              &
              WRIT PETITION No.13192 of 2021

                     (Proceedings through physical mode)

WRIT APPEAL No.234 of 2022

Sreedhar Koneru S/o. K. Koteswara Rao,
Occ: Medical Practitioner,
r/o. Viswaroopa Residency,
Acharya Ranga Street, Gayatrinagar,
Vijayawada and others.                            ..       Appellants

         Versus

Dr. Polavarapu Raghava Rao,
Aged about 78 years,
S/o. Polavarapu Jagannadha Rao,
Occ: Medical Professional, having been
nominated as the President of NRIAS
vide EGM dated 11.03.2020.
r/o.5, Olde Hamlet Drive, Jericho,
New York, USA-11753. Presently residing
at 3 24-10a, Uma Maheswara Street,
Prajasakthi Nagar, Vijayawada (Urban),
Venkateswarapuram, Vijayawada (Urban),
Krishna District, Andhra Pradesh-520 010
and others.                                       ..       Respondents

Counsel for the appellant Nos. 1 & 2 : Mr. P. Sree Raghu Ram, Senior Counsel for Mr. T. Nagarjuna Reddy

Counsel for the appellant Nos. 3 & 4 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

Counsel for respondent Nos.1 to 3 : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent Nos.4 & 10 : G.P. for Revenue/Stamps & Registration

Counsel for respondent No.5 : G.P. for Cooperation

Counsel for respondent No.6 : G.P. for Home

Counsel for respondent Nos.7 & 9 : Mr. D.Prakash Reddy, Senior Counsel for Ms. D. Radha Rani.

WRIT APPEAL No.142 of 2022

Dr. Raghavarao Polavarapu, aged about 78 years, S/o. Jagannadha Rao, Occ: Medical Professional, Having been nominated as the President of NRIAS Vide EGM dated 11.03.2020, r/o.5 OLDE Hamlet Drive, Jericho, New York, USA-11753, Presently residing at 32 4-10a, Uma Maheswara Street, Prajasakthi Nagar, Venkateswarapuram, Vijayawada, Andhra Pradesh - 520 010 and others. .. Appellants

Versus

The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Revenue (Stamps and Registration) Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh and others .. Respondents

Counsel for the appellants : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent Nos.1 & 11 : G.P. for Revenue/Stamps & Registration

Counsel for respondent No.2 : G.P. for Cooperation

Counsel for respondent No.3 : G.P. for Home

Counsel for respondent Nos.4 & 6 : Mr. D.Prakash Reddy, Senior Counsel for Ms. D. Radha Rani.

Counsel for respondent Nos.7 : Mr. P. Sree Raghu Ram Senior Counsel for Mr. Javvaji Sarath Chandra

Counsel for respondent Nos. 8 &10 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

Counsel for respondent No.9 : Mr. T. Niranjan Reddy, Senior Counsel for Ms. Jyothi Ratna Anumolu

WRIT APPEAL No.149 of 2022

Dr. Savitri Devi Bikkina W/o. Sri Sai Ramesh, aged about 58 years, Occ: Medical Profession, r/o. 4359, Longview Drive, Lapeer, Michigan-48446, Presently C/o. Yarlagadda Ravichandra Prasad @ Chinni, 9-6-11, Golivari Street, Samarlakota-533 440, East Godavari District. .. Appellant

Versus

Dr. Raghava Rao Polavarapu, S/o. Jagannadha Rao, Aged about 78 years, Occ: Medical Professional, r/o.5, OLDE Hamlet Drive, Jericho, New York, USA-11753, Presently residing at 324-10a, Uma Maheswara Street, Prajasakthi Nagar, Venkateswarapuram, Vijayawada, Krishna District, Andhra Pradesh-520 010 and others. .. Respondents

Counsel for the appellant : Mr. P.B. Suresh for Mr. Vimal Varma Vasireddy

Counsel for respondent Nos.1 to 3 : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent Nos.4 & 14 : G.P. for Revenue/Stamps & Registration

Counsel for respondent No.5 : G.P. for Cooperation

Counsel for respondent No.6 : G.P. for Home

Counsel for respondent Nos.7 & 9 : Mr. D.Prakash Reddy, Senior Counsel for Ms. D. Radha Rani.

Counsel for respondent No.10 : Mr. P. Sree Raghu Ram, Senior Counsel for Mr. Javvaji Sarath Chandra

Counsel for respondent Nos.11&13 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

Counsel for respondent No.12 : Mr. T. Niranjan Reddy, Senior Counsel for Ms. Jyothi Ratna Anumolu

WRIT APPEAL No.204 of 2022

Dr. Narasaraju Mantena, aged about 65 years, S/o. Krishnam Raju, Occ: Medical Profession, R/o. D.No.60-3-1/4, Y.K. Building, Route No.5 road, Ramchandra Nagar, Vijayawada, Andhra Pradesh and another. .. Appellants

Versus

Dr. Raghava Rao Polavarapu, Aged about 78 years, S/o. Jagannadha Rao, Occ: Medical Professional, Having been nominated as the President of NRIAS Vide EGM dated 11.03.2020, r/o.5, OLDE Hamlet Drive, Jericho,

New York, USA-11753, Presently residing at 324-10a, Uma Maheswara Street, Prajasakthi Nagar, Venkateswarapuram, Vijayawada, Krishna District, Andhra Pradesh-520 010 and others. .. Respondents

Counsel for the appellants : Mr. D. Prakash Reddy, Senior Counsel for Ms. Devineni Radha Rani

Counsel for respondent Nos.1 to 3 : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent Nos.4 & 12 : G.P. for Revenue/Stamps & Registration

Counsel for respondent No.5 : G.P. for Cooperation

Counsel for respondent No.6 : G.P. for Home

Counsel for respondent No.8 : Mr. P. Sree Raghu Ram, Senior Counsel for Mr. Javvaji Sarath Chandra

Counsel for respondent No.10 : Mr. T. Niranjan Reddy, Senior Counsel for Ms. Jyothi Ratna Anumolu

Counsel for respondent Nos.9 & 11 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

WRIT APPEAL No.253 of 2022

The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Stamps and Registration, A.P. Secretariat, Velagapudi, Amaravati, Guntur District and another. .. Appellants

Versus

Dr. Raghava Rao Polavarapu, S/o. Polavarapu Jagannadha Rao, Aged about 78 years, Occ: Medical Professional, nominated as President of NRIAS vide EGM dt:11.03.2020, R/o.5, OLDE Hamlet Drive Jericho, New York, USA-11753. Presently residing at 32 4-10a, Uma Maheswara Street, Prajasakthi Nagar, Venkateswarapuram, Vijayawada and others. .. Respondents

Counsel for the appellants : Additional Advocate General

Counsel for respondent Nos.1 to 3 : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent No.4 : G.P. for Home

Counsel for respondent Nos.5 & 7 : Mr. D.Prakash Reddy, Senior Counsel for Ms. D. Radha Rani.

Counsel for the respondent No.8 : Mr. P. Sree Raghu Ram, Senior Counsel for Mr. Javvaji Sarath Chandra

Counsel for respondent Nos.9 & 11 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

Counsel for respondent No.10 : Mr. T. Niranjan Reddy, Senior Counsel for Ms. Jyothi Ratna Anumolu

WRIT PETITION No.13192 of 2021

Dr. Raghava Rao Polavarapu, Aged about 78 years, S/o. Jagannadha Rao, Occ: Medical Professional, Having been nominated as the President of NRIAS vide EGM dt:11.03.2020, R/o.5, OLDE Hamlet Drive Jericho, New York, USA-11753. Presently residing at 32 4-10a, Uma Maheswara Street, Prajasakthi Nagar, Venkateswarapuram, Vijayawada, Andhra Pradesh-520010 and others. .. Petitioners

Versus

The State of Andhra Pradesh, Rep.by its Principal Secretary, Department of Stamps and Registration, Secretariat buildings, Velagapudi, Amaravati, Guntur District Andhra Pradesh and others. .. Respondents

Counsel for the Appellants : Mr. B.Adinarayana Rao, Senior Counsel for Mr. N.Ashwani Kumar

Counsel for respondent No.1 : G.P. for Revenue/Stamps & Registration

Counsel for respondent No.2 : G.P. for Cooperation

Counsel for respondent No.3 : G.P. for Home

Counsel for respondent No.4 & 6 : Mr. D.Prakash Reddy, Senior Counsel for Ms. D. Radha Rani.

Counsel for respondent No.10 : Mr. T. Niranjan Reddy, Senior Counsel for Mr. T. Nagarjuna Reddy

COMMON JUDGMENT (ORAL) Dt: 22.02.2022 (per Prashant Kumar Mishra, CJ)

The dispute involved in the batch of writ appeals, arising out of

the order dated 21.12.2021 passed by the learned single Judge in

W.P.No.13192 of 2021, pertains to rival claims of the parties to the

petition for having control over the management of NRI Academy of

Sciences (in short "NRIAS"), which run 1000 bedded Hospital and

Colleges including Medical and Nursing Homes.

2. Heard Mr. P. Sree Raghu Ram, Mr. T. Niranjan Reddy,

Mr. D. Prakash Reddy and Mr. B. Adinarayana Rao, learned Senior

Counsel, and Mr. P.B. Suresh, learned counsel, appearing for the

respective parties.

3. Learned Advocate General fairly submits that he is not taking

sides for or against either of the parties, as the appeal preferred by the

State lays challenge in relation to interpretation of the powers of

Registrar under Section 9 of the Andhra Pradesh Societies Registration

Act, 2001 (for short "the Act, 2001") and therefore, his submissions

would be only in relation to interpretation of Section 9 of the Act, 2001

but not on the merits of either of the parties. However, in view of the

nature of the order proposed to be passed by us, it is not necessary to

deal with the interpretation of Section 9 of the Act, 2001 and

accordingly, we proceed further.

4. Admittedly, there is a dispute between rival groups for control

over the management of the society. It is also not in dispute that the

Society is registered under the provisions of the Act, 2001. Section 23

of the Act, 2001, which deals with dispute regarding management, reads

thus:

"23. Dispute regarding management - In the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996, (Central Act 26 of 1996) or may file an application in the District Court concerned and the said Court shall after necessary inquiry pass such order as it may deem fit."

5. Since there exists a dispute regarding management between the

parties, which cannot be gone into in writ proceedings, and also for the

reason that the Act itself provides for mechanism for resolution of the

dispute, which includes arbitration, we have asked the learned Senior

Counsel appearing for the parties as to whether the parties are

interested in the dispute being referred to an Arbitrator. Learned Senior

Counsel appearing for the parties would fairly submit that for proper

adjudication of the dispute existing in relation to the management of the

Society, they would agree for appointment of an Arbitrator by this Court.

It is also brought to the notice of the Court that there are several

litigations in relation to the subject dispute between the parties pending

before different forums.

6. Having given our anxious consideration to the subject matter of

the writ petition and the nature of the dispute arising between the

parties and in view of the consent given by the learned counsel for the

parties, we deem it appropriate to refer the dispute for arbitration.

7. Accordingly, with the consent of the parties, Sri Justice Devinder

Gupta (Retired Chief Justice) is appointed as sole Arbitrator to decide all

existing disputes between the parties referable to Section 23 of the Act,

2001. It will remain open for both the parties to agitate all legal and

factual aspects of the disputes before the Arbitrator. Learned Senior

Counsel would agree that all pending litigations in relation to the subject

dispute before any other legal forums/courts shall be withdrawn by the

respective parties. Needless to say, depending upon the need and

urgency, both parties would be at liberty to approach the Arbitrator for

any interim order. We make it clear that the question of law pertaining

to interpretation of Section 9 of the Act, 2001 is left open to be decided

in appropriate proceedings.

8. In view of appointment of Arbitrator with the consent of learned

counsel for the parties, we set-aside the order passed by the learned

single Judge and dispose of all the writ appeals as well as the writ

petition in the above stated terms.

9. Registry will send a copy of this order to Sri Justice Devinder

Gupta (Retired Chief Justice) to his proper address. The place of

arbitration and the fee payable to him shall be decided by the Arbitrator

in consultation with the parties.

10. No costs. Pending miscellaneous petitions, if any, shall stand

closed.

PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J

GM