Andhra Pradesh Brahmana Seva Sangha Samakhya vs Konuru Satish Sharma And Ors

Arup Kumar Goswami, CJ

1) 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

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.

The Registrar of Societies, Office of the District Registrar, Visakhapatnam, Visakhapatnam District.

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.