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2025 DAILYLAW 1579 (AP)

THE RESIDENCES AT MID VALLEY CITY OWNERS v. THE STATE OF ANDHRA PRADESH

WP/31119/2025 · 2026-05-03

Nyapathy Vijay

body2025

Judgment text

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APHC010602362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31119/2025 Between: 1. THE RESIDENCES AT MID VALLEY CITY OWNERS, REGD. OFFICE 404, KAILASH, MID VALLEY CITY, ATMAKUM (V), MANGALAGIRI (M), GUNTUR DISTRICT, ANDHRAPRADESH- 522503. REP BY ITS SECRETARY. MR. GOVINDU RAMANJANEYULU S/O. G. KRISHNA MURTHY ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATION, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI- 522501. 2. THE DISTRICT REGISTRAR, GUNTUR, GOVERNMENT OF ANDHRA PRADESH, REGISTRATION AND STAMPS DEPARTMENT, COLLECTORATE COMPOUND, NAGARAM PALEM, GUNTUR, ANDHRA PRADESH- 522004. 3. THE BRANCH MANAGER IDBI, D.NO.L-1489A, MONEY STREET SBI COLONY, MANGALAGIRI, GUNTUR, ANDHRA PRADESH - 522503. 4. THE BRANCH MANAGER HDFC, M G ROAD BRANCH, 40/1/129, MG RD, BENZ CIRCLE,CHANDRA MOULI PURAM, SRIRAM NAGAR, VIJAYAWADA, A P – 520008 2 5. MR VENKATA KRISHNA RAO MANNAM, S/O. M VENKATESHWAR RAO AGED ABOUT. 56 YEARS, OCC. LEGAL, RESIDENT OF. 1804 - TRISHUL, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH – 522503 6. MR VASIREDDY NAGARJUNA, S/O V.KRISHNA MURTHY, AGED.ABOUT 70, OCC. BUSINESS, R/O FLAT NO.2502, EVEREST BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 7. MR KODURI SRINIVAS, S/O NAME NOT KNOWN TO PETITIONER, AGED. ABOUT 63, OCC. GOVT. SERVICE., R/O FLAT NO.405, TRISHUL BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 8. MR MUNTHA SIVA PRAKASH RAO, S/O NAME NOT KNOWN TO PETITIONER, AGE ABOUT 58, OCC. RETD, R/O FLAT NO. 1104, EVEREST BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 9. MR NAGARAJA KUMAR MARRI, S/O NAME NOT KNOWN TO PETITIONER, AGE. ABOUT 50, OCC. EMPLOYEE, R/O FLAT NO. 1601, KAILASH BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 10. MR CHANDRA SEKHAR BURGULA, S/O. NOT KNOWN TO PETITIONER AGED ABOUT. 58 YEARS, OCC. GOVT. EMPLOYEE, RESIDENT OF. 907 - KAILASH, MID VALLEY CITY, ATMAKUM (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH – 522503 11. MRS SWAPNA YESIREDDY, W/O NAME NOT KNOWN TO PETITIONER, AGED. ABOUT 45, OCC. BUSINESS, R/O FLAT NO.901, KAILASH BLOCK, MID VALLEY CITY, ATMAKUM, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 3 12. MR JAVVADI RAMESH, S/O NAME NOT KNOWN TO PETITIONER, AGED. ABOUT 55, OCC. EMPLOYEE, R/O FLAT NO.702, EVEREST BLOCK, MID VALLEY CITY, ATMAKUM,MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 13. MR TIRAMDASU KOTESHWAR RAO, S/O NAME NOT KNOWN TO PETITIONER, AGE. ABOUT 65, OCC. RETD.R/O FLAT NO.601, TRISHUL BLOCK, MID VALLEY CITY, ATMAKUM, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 14. MRS ATLURI PADMA, W/O NAME NOT KNOWN TO PETITIONER, AGE. 65, OCC.HOUSEWIFE, R/O FLAT NO.410, TRISHUL BLOCK, MID VALLEY CITY, ATMAKUM, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 15. KODALI RAJA RAMOHAN RAO, S/O. NOT KNOWN TO PETITIONER AGED ABOUT. 70 YEARS, OCC. EMPLOYEE, RESIDENT OF. 910 - TRISHUL, MID VALLEY CITY, ATMAKUM (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH – 522503 16. MR SAJJAN KUMAR MANN, S/O. NOT KNOWN TO PETITIONER AGED ABOUT.60 YEARS, OCC. EMPLOYEE, RESIDENT OF. 1007 - EVEREST, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH - 522503. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly, in the nature of Writ of Mandamus and declare the Proceedings in Application No ATS012500133794, Dated, 05-11-2025 on the file of The District Registrar, Guntur in respect of The Residences at Mid Valley City Owners Association bearing Society Registration No142 of 2024 u/s 9 of The Andhra Pradesh Societies Registration Act 200las illegal, arbitrary and without jurisdiction and further hold the action of the 2 Respondent as violative of the 4 Provisions of Section 14 and 20 of The Andhra Pradesh Societies Registration Act 2001 and further hold the said actions are violative of Registered Bye Laws of the Society and declare the proceedings as illegal, arbitrary, without jurisdiction and not in accordance with law violating the principles of natural justice and the Fundamental Rights of the Petitioner under Articles 14, 16, 21, and the Constitution of India and be pleased to pass such other orders. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an Interim Stay of Proceedings in Application No. ATS012500133794, Dated, 05-11-2025 on the file of The District Registrar, Guntur in respect of The Residences at Mid Valley City Owners Association bearing Society Registration No: 142 of 2024 u/s 9 of The Andhra Pradesh Societies Registration Act 2001, pending disposal of the Writ Petition, and be pleased to pass such other orders. Counsel for the Petitioner: 1. MOVVA DEVISREE Counsel for the Respondent(S): 1. UNNAM AKHIL CHOWDARY 2. CHALASANI AJAY KUMAR 3. GP FOR REGISTRATION AND STAMPS 5 WRIT PETITION NO: 32902/2025 Between: 1. BITRA SRINIVASA RAO, S/O. BITRA BHASKARA RAO, AGED ABOUT 56 YEARS, OCCSECRETARY, THE RESIDENCES AT MID-VALLEY CITY OWNERS ASSOCIATION (TRMVCOA), R/O. FLAT NO 1201, TRISHUL, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR DISTRICT. ANDHRA PRADESH - 522503 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS REGISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR GUNTUR, REGISTRATION AND STAMPS DEPARTMENT, COLLECTORATE COMPOUND, NAGARAM PALEM, GUNTUR, ANDHRA PRADESH-522004. 3. NAGARJUNA VASIREDDY, OCC CLAIMING AS ELECTED PRESIDENT OF THE RESIDENCES AT MID-VALLEY CITY OWNERS ASSOCIATION (TRMVCOA), R/O. EVEREST-2502, MID-VALLEY CITY, ATMAKUR, MANGALAGIRI, GUNTUR DISTRICT. 4. MR KODURI SRINIVAS, S/O NAME NOT KNOWN TO PETITIONER, AGED ABOUT 63, OCC GOVT. SERVICE., R/O FLAT NO.405, TRISHUL BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 5. SIVA PRAKASH RAO MUNTA, OCC CLAIMING AS ELECTED SECRETARY OF THE RESIDENCES AT MID-VALLEY CITY OWNERS ASSOCIATION (TRMVCOA), R/O. EVEREST - 1104, MID-VALLEY CITY, ATMAKUR, MANGALAGIRI, GUNTUR DISTRICT. 6. MR NAGARAJA KUMAR MARRI, S/O NAME NOT KNOWN TO PETITIONER, AGE ABOUT 50, OCC EMPLOYEE, R/O FLAT NO. 1601, KAILASH BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 6 7. MR CHANDRA SEKHAR BURGULA, S/O. NOT KNOWN TO PETITIONER AGED ABOUT 58 YEARS, OCC GOVT. EMPLOYEE, RESIDENT OF 907 - KAILASH, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH - 522503 8. MRS SWAPNA YESIREDDY, W/O NAME NOT KNOWN TO PETITIONER, AGED ABOUT 45, OCC MEDICAL, R/O FLAT NO.901, KAILASH BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 9. MR JAVVADI RAMESH, S/O NAME NOT KNOWN TO PETITIONER, AGED ABOUT 55, OCC MEDICAL, R/O FLAT NO.702, EVEREST BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503 10. MR TIRAMDASU KOTESHWAR RAO, S/O NAME NOT KNOWN TO PETITIONER, AGE ABOUT 65, OCC RETD. R/O FLAT NO.601, TRISHUL BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P- 522503. 11. MRS ATLURI PADMA, W/O NAME NOT KNOWN TO PETITIONER, AGE 65, OCC FLOUSEWIFE, R/O FLAT NO.410, TRISHUL BLOCK, MID VALLEY CITY, ATMAKURU, MANGALAGIRI, GUNTUR DISTRICT, A.P-522503. 12. KODALI RAJA RAMOHAN RAO, S/O. NOT KNOWN TO PETITIONER AGED ABOUT 70 YEARS, OCC EMPLOYEE, RESIDENT OF 910 - TRISHUL, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH – 522503 13. MR SAJJAN KUMAR MANN, S/O NOT KNOWN TO PETITIONER AGED ABOUT 60 YRS, OCCBUSINESS, R/O OF 1007 - EVEREST, MID VALLEY CITY, ATMAKURU (V), MANGALAGIRI (M), GUNTUR - DISTRICT, ANDHRA PRADESH - 522503 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more 7 particularly one in the nature of 'Writ of Mandamus' declaring the action of the 2nd respondent in issuing acknowledgement of amendment of society dated 05.11.2025 with respect to Residences at Mid-Valley City Owners Association (TRMVCOA) as illegal, arbitrary, one without jurisdiction and violation of provisions of the Andhra Pradesh Societies Registration Act, 2001 and consequently set-aside the proceedings dated 05.11.2025 by directing the 2nd respondent to delete the proceedings of acknowledgement of amendment of society dated 05.11.2025 from the official website of 1st respondent and to pass such other orders. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respondent to delete the proceedings of acknowledgement of amendment of society dated 05.11.2025 from the official website of 1st respondent by suspending the proceedings dated 05.11.2025 of the 2nd respondent, pending disposal of the main writ petition, and pass such other orders. Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. UNNAM AKHIL CHOWDARY 2. GP FOR REGISTRATION AND STAMPS The Court made the following: 8 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos.31119 of 2025 and 32902 of 2025 COMMON ORDER: 1. W.P.No.31119 of 2025 is filed questioning the Proceedings in Application No.ATS01250133794, dated 05.11.2025 on the file of the District Registrar, Guntur in respect of “The Residencies at Mid Valley City Owners Association” bearing Society Registration No.142 of 2024 under Section 9 of the Andhra Pradesh Societies Registration Act, 2001 and to declare the same as illegal and arbitrary. 2. W.P.No.32902 of 2025 is filed questioning the action of Respondent No.2 in issuing acknowledgment of amendment of Society dated 05.11.2025 with respect to “Residencies at Mid-Valley City Owners Association (TRMVCOA)” and to declare the same as illegal and arbitrary. 3. After hearing the respective counsel, this Court on 19.02.2026 with the consent of all the counsels on instructions passed the following interim order; “(i) The parties are directed to appear before the Mediation Centre, High Court of A.P., on 05.03.2026; (ii) Sri K. Sita Ram (1785), learned counsel, is appointed as the Mediator for resolving the dispute; 9 (iii) Fees and schedule of fees of the Mediator can be fixed by the Mediator in consultation with the respective counsel.” 4. Consequent thereto, a Mediator’s report was filed vide Letter in Dis.No.1481 of 2026, dated 04.05.2026, wherein it is stated that the parties have agreed for certain mechanism for conduct of election through an independent Administrator. The relevant portion of the Mediator’s report reads as under; “Conclusion: 1. Both the parties agreed for appointment of an Administrator/ Administrators mentioned supra for conducting elections for the new body. 2. Both parties agree for the appointment of the following persons as Administrator/Administrators (either one of them or both). The following two names are agreeable for both the parties 1. Sri. Ake Rama Krishna, IPC, IG, (Eagle Head), R/o. Kailash-1606. Mobile No.9491112077. 2. Sri. Challa Dhanunjaya, Senior Advocate, R/o. Trishul-1102. Mobile No.9849050205. 3. The Administrator/Administrators appointed by the Court to conduct fresh elections shall also be entrusted with the management of the affairs of the Association till the new body is elected including the cheque power. Since the banks are also Respondents in W.P.No.31119/ 2025 there cannot be any independent for such arrangement. 10 4. Since, many of the owners are not residing in the flats the Administrator/Administrators be given liberty to conduct elections both in physical and Hybrid Mode to ensure maximum number of participants by the owners. 5. A time limit may be fixed for conducting elections.” 5. Sri V. Venugopla Rao, learned Senior Counsel for M/s. Movva Devi Sree, learned counsel for the Petitioner in W.P.No.31119 of 2025, Sri C. Subodh, learned counsel for the Petitioner in W.P.No.32902 of 2025 and Sri Unnam Akhil, learned counsel for the Respondent Nos.6 to 16 in W.P.No.31119 of 2025 and for Respondent Nos.3 to 13 in W.P.No.32902 of 2025 on instructions stated that they consented to the ‘Conclusion’ of the Mediator’s report as extracted above. 6. Accordingly, the Writ Petitions are disposed of in terms of the ‘Conclusion’ of the Mediator’s report referred above. The time limit for conclusion of election is three (3) months from the date of receipt of a copy of this order. 7. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.05.2026 IS 11 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION Nos. 31119 of 2025 and 32902 of 2025 Date: 04.05.2026 IS