Chaithanya Educational And ... vs Chaithanya Educational And ...
2022 Latest Caselaw 2581 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                             AND
       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
                                   W.A.No. 806 of 2018
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present appeal is arising out of order dated 26.04.2018,

passed by the learned Single Judge, in W.P.No.23263 of 2017.

        It has been argued by learned counsel for the appellant that

the appellant- Chaitanya Educational and Social Welfare Society

(for short 'the Society') is represented by its President Polisetti

Prasad, S/o P.Raju, but a person viz., K.Innaiah, who was not a

president at all at the relevant point of time, preferred a writ

petition with a prayer for issuance of an appropriate writ, order or

direction directing the Andhra Pradesh Grameena Vikas Bank,

Jagdavur X Road, Bonagir, District Yadadri Bonagir, to permit him

to operate the bank account. The learned Single Judge has allowed

the writ petition permitting him to operate the bank account,

against which the present writ appeal has been filed.

        This Court has granted an interim order on 30.07.2018.

        There is a dispute between the parties in respect of the post

of President and office bearers of the Society and such a dispute
                                   ::2::



cannot be decided in exercise of writ jurisdiction under Article 226

of the Constitution of India.

         Resultantly, Order dated 26.04.2018, passed by the learned

Single Judge in W.P.No.23263 of 2018 is, hereby, set aside and the

petitioner as well as respondent No.1 shall be free to resolve their

dispute in respect of the post of President by approaching an

appropriate fora. After resolving the dispute, the President of the

Society can approach the bank for withdrawal of the amount and

for operating the bank account.

With the aforesaid, the writ appeal stands disposed of. No

costs.

As a sequel, miscellaneous petitions, pending if any, stand

closed.

______________________________ SATISH CHANDRA SHARMA, CJ

______________________________ ABHINAND KUMAR SHAVILI, J Date: 10-06-2022 LUR ::3::