The Convention Of Baptist Church Of The Northern Circars v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.28663 OF 2018 ORDER:

The present writ petition came to be filed seeking to declare the action of the 2nd respondent in not taking further course of action for updating the list of office bearers of Convention of Baptist Church of Northern Circars for the period 2018-2023 furnished on 13.3.2018, as illegal and arbitrary.

The averments made in the writ affidavit show that the Committee to manage the affairs of the petitioner is being elected for every five years by the general body duly conducting conventions. The Annual General Body Meeting of the Baptist Church of Northern Circars was held from 26.1.2018 to 28.1.2018 at Kakinada, in which the Governing Body members were elected and the elected office bearers submitted a list of its deleted members to the 2nd respondent on 13.3.2018 for updating the same as required under Section 9 of the A.P. Societies Registration Act. It is further stated that though the petitioner submitted the list of elected office bearers for the year 2018-2023 to the 2nd respondent on 13.3.2018, the 2nd respondent has not taken any action so far. Hence, the present writ petition.

Learned Government Pleader for Revenue, placed on record, the written instructions, received from District Registrar (FAC), Kakinada, wherein it is stated that the petitioner's society is renewed up to 1990-94 and since then no application and no accounts were submitted by the elected body of the said society. It is further stated that by an order dated 24.2.2011, passed by this Court in W.P.No.26719 of 2005 filed by C.B.C.N.C. represented by its President V.V.K. Sarma and another against the Inspector General of Registration and Stamps, A.P, Hyderabad, holding that the dispute relating to the petitioner's society

has to be resolved by an appropriate civil court along and as such no writ seeking mandamus is maintainable.

Learned counsel for the petitioner while opposing the written instructions submitted by the learned Government Pleader, submits that the order dated 24.2.2011, passed by this Court in W.P.No.26719 of 2005, has nothing to do with the case on hand and prays the Court to direct the 2nd respondent-District Registrar, to pass appropriate orders in the matter, in accordance with law.

Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 2nd respondent-District Registrar, to deal with the request of the petitioner's society for updating the list of office bearers of Convention of Baptist Church of Northern Circars, for the period 2018-2023, furnished on 13.3.2018, and pass appropriate orders, in accordance with law, as early as possible, preferably within a period of four to six weeks from today, by giving reasonable opportunity of hearing to the petitioner and all the concerned. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

_________________________ C. PRAVEEN KUMAR, J Dated:28.08.2018.

Gk

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.28663 OF 2018 Date:28.08.2018 Gk