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High Court for State of TelanganaWP/1191/2018allowed no costs

Pragathi Educational v. Ap

2018-01-18A Ramalingeswara Rao3 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.1191 of 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 2.

The case of the petitioner is that the petitioner-society was registered with Registration No.378/2001 and it is running Pragathi Degree and Intermediate College at Sattenapalli. It appears that in the year 2013, the site belonging to AEL church at Sattenapalli was taken on lease by the society for a period of 29 years and Amaravathi Public School is established in the said site. During the said period, new members were taken as members of the society and some members were expelled from the society. The general body meeting of the society is to be held in the month of January every year and the list of Managing Committee Members is being sent to the Registrar of Societies for keeping it in records. While so, when a list was submitted on 18.01.2017, the fourth respondent returned the same on 04.11.2017 raising several objections. Challenging the same, the present Writ Petition is filed.

3.

Learned counsel for the petitioner submits that as per Section 9 of the Andhra Pradesh Societies Registration Act, 2001 the society is under obligation to furnish the list to the Registrar of Societies containing the names and addresses of the members of the Managing Committee and it is the responsibility of the Registrar of Societies to take the list and record the same in his records. He further submits that the fourth respondent has no jurisdiction to return the same and if any person is aggrieved by any action of the society, it is for the said person to take appropriate proceedings.

4.

Learned Government Pleader for the respondents did not dispute such submission.

5.

In view of the same, the impugned order dated 04.11.2017 passed by the fourth respondent is set aside and the fourth respondent is directed to take information furnished by the petitioner on 18.01.2017 and record the same in his records according to law. 6.

The Writ Petition is, accordingly, allowed at the stage of admission.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ________________________________ A.RAMALINGESWARA RAO, J JANUARY 18, 2018 YVL

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.1191 of 2018 Date: 18.01.2018 YVL