Velpula Pedda Ankaiah vs The State Of Andhra Pradesh
2024 Latest Caselaw 7137 AP

Andhra Pradesh High Court - Amravati

Velpula Pedda Ankaiah vs The State Of Andhra Pradesh on 12 August, 2024

      APHC010270382024       IN THE HIGH COURT OF ANDHRA                Bench Sr.No:-
                                                                             18
                                       PRADESH                             [3483]
                                     AT AMARAVATI

                               WRIT APPEAL No.559 of 2024

Velpula Pedda Ankaiah                                    ...Appellant

      Vs.

The State of Andhra Pradesh and others                   ...Respondents

                                   **********

Sri G. Vijaya Babu, Advocate for the appellant.

Ms. M. Vidyavathi, Advocate for respondent Nos.7 & 8.

CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI

DATE : 12th August 2024

PC:

The present Writ Appeal has been preferred against the judgment and

order dated 03.05.2024 passed in W.P.No.28733 of 2022.

2. It can be seen that the appellant herein i.e., Velpula Pedda Ankaiah has

filed the present writ appeal whereas the said appellant was neither the

petitioner nor respondent in W.P.No.28733 of 2022. It is pertinent to notice

here that an application came to be filed in W.P.No.28733 of 2022 bearing

I.A.No.5 of 2022 wherein Sri Bala Tripura Sundari Fishermen Co-operative

Society was sought to be incorporated as a party petitioner in W.P.No.28733

of 2022. This was so ordered by this Court by virtue of order dated 04.03.2022

in I.A.No.5 of 2022. However, while Sri Bala Tripura Sundari Fishermen

Co-operative Society was so incorporated in the writ petition, the present writ

appeal has not been preferred by the Society but by the appellant who claims

to be the elected President of the Society.

3. Although learned counsel for the appellant states that the appeal filed

by the President of the Society should be treated as an appeal filed by the

Society, the same is unacceptable, inasmuch as the society is a legal entity

which ought to sue or to be sued on its own name. Since the present appeal

has been preferred without seeking any leave to prefer such an appeal and

since the appellant was not a party petitioner or respondent, the same is held

to be not maintainable and is, accordingly, dismissed. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

DHIRAJ SINGH THAKUR, CJ

RAVI CHEEMALAPATI, J

AMD

HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON'BLE MR. JUSTICE RAVI CHEEMALAPATI

Dt:12.08.2024

AMD