Andhra Pradesh High Court - Amravati

Selween: | vs Union Of India on 12 August, 2024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA'
(SPECIAL ORIGINAL JURISDICTION}
MONDAY, THE TWELFTH DAY OF AUGUST
TWO THOUSAND AND TWENTY Four
'PRESENT:

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1882 OF 2024

Selween: |
Andhra Pradesh Jude Association, Rep by iis General Secretary, N. Pavan
Sandeep, 212, 2" Floor. Vignesh Towers, Nunna Main Road, Kandrika,
Vilayawada,
.. Petitioner
AND
1. Union of India, Rep by its Ministry of Youth Affairs and Sports, Room
No. 407 C-wing, Shastri Bhawan, New Dethi VOGT,

2. Sports Authority of India, Authorized Signatory Jawaharlal Nehru
Stadium Campiex (East Gate), Lodhi Road, New Delhi -1 10003.
3. State of Andhra Pradesh, Rep by Principal Secretary, Department of

Spore and Youth Affairs, Seerelariat, Velagapudi, Guntur Pstrict,
Andhra Pradesh. -- |

4. The Sports Authority of Andhra Pradesh (SA4P), Rep by is Vice-
Chsiman Of.0) and Managing Cirector (M.D), LGM.C Stadium,
Labbipet, Vijayawada-520010, Andhra Pradesh.

&. The District Registrar, Vijayawada, Krishna District

S. Judo Federation of india WFD, Rep by ts Administrator, F414, Gain No.
12 Jagatpuri, New Delhi-1 10054

?. Anam Ram Kishore Reddy, Rio 154-821, Mary Naidu Street, Subedar
Peta, Nellore, Andhra Pradesh-5240

O74.
S.Sridhar, DNo. 15.4964.4 147, Sal Baba Peta, Nandikotkur-51840 4,

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Kurnool District, Andhra Pradesh.


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ihe Representation dt 26.12.2023 submited by the petifioner, pending

disposal of WP No. 18582 of 2024, on the Sle of the High Court.

The petifion coming on for hearing, upon perusing the Petition and the
afidavit fled In support thereof and the Order of the High Court, dated
29.07.2024 made hereif and upon hearing the arguments of SRE GHANTA
SRIDHAR Advocate for the Petitioner, and of SRI Y\VANIL KUMAR.
Standing Counsel for the Respondent Nos.1 & 2, and of GP FoR SPORTS &
YOUTH, for the Respondent No.3, and of SRI K. RAVI RURAN RUMAR.
Standing Counsel for the Respondent No.4, and of GP FOR STAMPS &
REGISTRATION, for the Respondent No.5, the Court made the following.

ORDER:

Heard the learned Senior counsel for the petitioner and the learned counsel appearing for the respondent Nas. Tand & At the tme of admission this Court was sleased to PASS an interim order dated 29.0 2024 asunder. .

"In the meanwhile, the respondent No.6 shall take necessary action on fhe representation of the petitioner dated 26.42.2093 in gcecordance with law.'

Pursuant to the order passed by this Court dated 2.07 2024, the 8" respondent passed the impugned order dated 19.02.2024 wherein the ge respondent observed as under:

"whereas subsequently representation on behalf of Mr.Pavan Sandeep was received in the office of the undersigned on 11.04.2023 alleging that Mr.Anam Rama Kishore Reddy had resigned from the post the President on 04.13.2022 on account of personal reasons and to HY

up the vacancy arising there fram the General Bedy of the APJA

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unanimously elected Mr.Ganesh Subba Rao as President of APJA on

88.07.2023 for the remainder term.

"whereas a representation dafed 24.01.2023 was also received In the office of the undersigned from MrAnam Rama Kishore Reddy denying the factum of resignation and alleging that his signatures on blank letter head were fraudulently obtained against which he had alse

lodged complaint before police authorities.

Whereas as a factual dispufe had arisen as to whether the elected orasident resigned voluntarily or not, the undersigned deemed if approoriate that for better administration of sports In the state neither of the above two factions shall be permitted to arganize any sporting activity under thelr banners but keeping In view the Interest of judokas of the state the undersigned allowed to conduct open selection triais for selecting team for national events under the observation of JF) for which i continued correspondence with Mr. Anam Rama Kishore Reddy, elected present as there was no order of competent courtforum which

had decitied the interse factual dispute befwesn the parties".

Having observed the dispute between the petitioner and the Fth respondent, the 6th respondent shall correspond with the recognized association, rather than with any individuals either the petitioner or The

?th respandent.

The learned Senior counsel! for the petitioner further submits that pursuant fo the resignation of the fth respondent to Ml up the vacancy, the petitioners Association passed an unanimous resolution was gassed under which the petitioner was elected as president. This resolution was submitted to the concerned Registrar of Societies as required under section § of the Act 200%, who is competent to racord the

resolution of the petitioner's association. Accordingly, the Registrar of

: SANNA

Societies issued proceedings dated 22.06.2024, notifying and recording the executive body of the petitioner's society. To that effect a certified copy was also issued on 24.06.2024, Indicating that, as on today, the petitioner's society is represented by the executive body as enumerated in the proceedings dated 22.06.2024.

The learned counsel for respondents Nos. 7 and & submits thal, pursuant to the order of this Court dated 24.02.2093 in WLP. Nos, 1343 and 3385 of 2023, and in light of the dispute between the petitioner and respondents regarding the resignation and election, this Hon'ble Court directed as follows:

"AS per section 23 of the A.P. Societies Registration Act, in the event of any dispute arising among the committee or the members of the society or in respect of any matter relating to the affairs of the society, any member of the saciely may proceeding with the dispute under the provisions of the Arbitration and Conciliation Act, 1996 or may fle an

application before the District Court concerned,

in view of the sald provision and on perusal of the pleadings made in both the writ petitions, this court is of the considered opinion that the entire ligation is with regard to the dispute between the members of the society and with respect to the affairs of the society. Therefore, this court is not inclined to into the merits of the case. Accordingly, both the wrt petitions are dismissed, giving Hberty to both the petitioners, whoever intends to settle the dispute may approach the competent civil court by filing a civ sult. & is needless te mention that if anybody approaches the campetent civil court, the case will be decided by the court without being Influenced by the observations made by this court

whe passing the interim arder dated 23.04.2023."

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Therefore, the present writ petition is not maintainable, anc the petitioner should be directed to Invoke the hrrisdiction of the court below as per Section 23 of the Andhra Pradesh Sacieties Registration

Act

_ Having regard to the submissions made by the learned Senior counsel for the petitianer and the learned counsel! for respondents Nos. ? and 8, ancl on perusal of the record, f appears that pursuant to the inferim order of this Courf, the &h respondent passed an order dated 19.02.2024. In view of the impugned orders, the contention of the counsel for the unofficial respondents that the writ petition self Is not mainigsinable due to the disputes between the petitioner and the respondents and sisa in view of the Judgment dated' 21.02.2083 as extracted above, cannot be considered as reasqnable cantentian for the reasons that the dispute before {hia Court as on today is whether the arder passed by the &th respondent or with application of mind is

reasonable or in accardance with the arder of {his Court or not.

On perusal of the order of the Sth respondent as extracted above, His nofed that, there are disputes between the Fth respondent and the petitioner, being a national institu{ien, the 8th respondent shall correspond with the registered recognized association ie., Andhra Pradesh Judo Association Registration No. 268 of 2044, Judo Nall, IGMC Stadium, MG Road, Viayawada instead of with Individuals. Gace an association is recognized as the State Association level by national body, all correspondence should be with the stafe-recognized association only but not with Individual office holders. If is quite common, the elected bodies may change fram time fo time but the association is sermanent. Therefore, association itself should be the point of canfact, In accordance whth the resignation and the address provided by the association. Therefore, thers is a prima facie case in

favor of fhe petitioner; and there shall be an interim direction directing

the 6th respondent to correspond with the recognized state level association bearing No. 268 of 2014, Juco Hall, GMC Stadium, MG Road, Vulayawada regarding any matters, and not with any Individual of

petitioner or respondent.

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For fling counter, post the matter after four (04) weeks.

Ne all Hy y

SDMLLSRIDEVI

ASSISTANT REGISTRAR

ATRUE COPY! SECTION OFFICER For.

The Ministry of Youth Affairs and Sports, Union of India, Room No. 404 Cowing, Shastri Bhawan, New Delhi 170004.

The Authorized Signatory, Sports Authority of India, Jawaharlal Nehru Stadium Complex (East Gate}, Lodhi Road, New Delhi -170005.

The Principal Secretary, Department of Sports and Youth Affairs State of Andhra Pradesh, Secretarial, Velagapudi, Guntur District, Andhra Pradesh.

The Vice-Chairman (QC) and Managing Director (4D), Sporis Authority of Andhra Pradesh (AAP) LG.M_C Stadium, Labbinet, Vilayawada-820010, Andhra Pradesh,

The District Registrar, Viayawada, Krishna District (1 to 3 by Special Messenger)

The Administrafor, Judo Federation of India GIF, Fid, Gain No. 13 Jagaipun, New Deihl-110051

Anam Ram Kishore Reddy, Rio 15-4-82/1, Mary Naidu Strest, Subsdar

Peta, Nellore, Andhra Pradesh-524001.

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