iN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD lA No.2 OF 2025 REVIEW PETITION WRIT PETITION IN NO: 4052 OF 2025 IA No.2 OF 2025 REVIEW PETITION Between: 1. The RI-Ce Millers Educational and cultural Society, Tadepalligudem, West Godavari District,-Rep. by its secretary, p. Rama Krishna Gopala Raju 2. P. Rama Krishna Gopala Raju, S/o. Rambhadra Raju, aged 68, R/o. D.No.2-134, Main Road, Main Road, Goteru, West Godavarj District ...PETITIONERS AND 1. The State of Andhra Pradesh, Department of Stamps and Registration (Revenue-ll), Rep. by its principal secretary, secretariat Buildings, Velagapudi, Amaravatj. 2. The Inspector General, Department of stamps and Registration (Revenue-ll), R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, A.P. -521151. 3. The District Registrar of Societies, Bhimavaram Division, Bhimavaram, West Godavari District ...RESPONDENTS Petition under sectl'on 114 Order 47 Rule 1 and 2 of C.P.C praying that in the circumstances stated in the affidavit filed in support of the Petition, the High Court may be pleased to allow the review petition and set fr a§ide'the directions in para 12 of the order passed in wp No.4052 of 2025 dated 17-02-2025. WRIT PETITION NO: 4052 OF 2025 -petition under ArtI'Cle 226 of the Constitution of India praying that in the circumstances stated in the affjdavl't filed therewith, the High Court may be pleased to issue a writ, order or directI-On especially one in the nature of Writ of Mandamus declaring the acknowledgment dated o2.08.2024 and also the acknowledgment dated 19.ll.2024 passed by the 3rd Respondent DistrI-Ct Registrar, Bhimavaram, west Godavari District in respect of lSt petitioner society as contrary to law, illegal, arbitrary, without J-urI-SdiCtiOn and agajns{ principles of natural justice and consequently direct the 3rd respondent to receive the list of Managl-ng committee furnI-Shed On behalf of the 1 st petitioner society for the year 2O22-2023. [ANO:1 OF 2025 petitI-On under Sectl'on 151 CPC praying that jn the circumstances stated l'n the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent to receive the list of Managing committee furnished on behalf of the let petI-{iOner Society for the year 2022-2023. counsel for the petitI-OnerS: SRI PATANJALI PAMIDIGHANTAM Counsel for the Respondent Mos.1 to 3.-GP FOR STAMPS & REGISTRATION The Court made the following.I ORDER lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD I.A.No.2 OF Between : REVIEW PETITION ln WRIT PETITION-N o.4052 OF 2025 1.THE RICE MILLERS EDUCATIONAL AND CULTURAL SOCIETY, THE R TADEPALLIGUDEM, WEST GODAVARI DISTRICT, REP. BY ITS SECRETARY, P. RAMA KRISHNA GOPALA RAJU, 2.P. RAMA KRISHNA GOPALA RAJUu S/O RAMBHAD'RA RAJU, AGED 68, R/O. D.NO. 2-134, MAIN ROAD, MAIN ROAD, GOTERU, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA. PRADESH, DEPARTMENT OF STAMPS AND- REGISTRATION (REVENUE-LL) REP. BY ITS PRINCIPAL SECRETARY, SECREAR'AT BUILDINGS, VELGAPUDl, AMARAVATl. 2.THE INSPECTOR GENERAL, DEPARTMENT OF STAMPS AND REGISTRATION (REVENUE-LL) R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KAANKIPADU MANDAL, A.P.VIJAYAWADA -521151. 3.THE DISTRICT REGISTRAR OF SOCIETIES, |BHIMAVARAM DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT ...RESPONDENT(S): jz=+. ,rd-` Counsel for the Petitioner(S): 1. PATANJALI PAMIDIGHANTAM The Court made the following: ORDER: Heard Sri Patanjali Pamidighantam, learned Counsel for the Review Petitioners. 2. This Review Petition has been filed by the Writ Petitioners in W.P.No.4052 of 2025, seeking partial amendment of the Final Order passed by this Court in the said Writ Petition v,'de Order dated 17.02.2025. 3. The prayer sought in the present Review Petition is as under: "In view of the above grounds, it is humbly prayed that this Hon'ble Court may be pleased to allow the review petition and set aside the directions in para 12 of the order passed in WP No.4052 of.2025 dated 17- o2-2025 and pass such other order dr orders as this Honlble Court may deem fit and proper in the circumstances of the case." 4. The Writ Petitioners/Review Petitioners are seeking expungement/deletion of paragraph No.12 of the Order dated 17.02.2025 in W.P.No,4052 of 2025 as being opposed to the settled law. The said paragraph reads as under: cc12. The Registrar of Societies (Respondent No.3) is directed to supply the copies of the Objections submitted by the Executive Members of the Executive Council and General Body, dated 20.07.2024 and call for the response from the interested parties including the Writ Petitioners and pass a Speaking Order on merit. He shall also take into account the effect of the Judgements (mentioned supra) before passing the final ` order.,, 5. lt is the contention of the Review Petitioners that the Order dated 17.02.2025 was passed on the premise that the Registrar of Societies has / I `-i' gr ?T~@ neither power nor jurisdiction to adjudicate any controversy or dispute arising out of the contents of the material so filed before the Registrar of Societies; and, however, after setting aside the impugned orders in W.P.No.4052 of 2025 and allowing the Writ Petition (para -ll ), the abovementioned para -12 came to be added inadvertently. 6. lt is the contention of the Review Petitioners that although the entire Judgement dated 17,02.2025 is in compliance with the law as laid down by the Division Bench of this Hon'ble Court in Mofrfrapaf,- Chanc/ra Sekhar Rao Vs. Pragathi Educational Society, Guntur District in (W.A.Nos.5O2 and 980 of 2018, decided on 19.O9.2O18; LAWS(APH)-2018-9-57), the last paragraph of the said Order dated 17.02.2025, namely, paragraph No.12, goes contrary to the spirit of not only the very Order in W.P.No.4052 of 2025, dated 17.02.2O25 but also runs counter to the spirit of the Judgement of the Division Bench of this Hon'ble Court in Mofrfrapaf,- Chandra Sefrhar RaoJs case and another Judgment of the learned Single Judge of this Court in Dr. Raghava Rao Polavarapu Vs. The State Of Andhra Pradesh in (w.p.No.13192 of 2021, decided on 21.12.2021: (2022) 1 ALT 3O4 : (2022) 1 AmLJ 143 : (2022) 2 ALD 31 : Air 2022 (NOC 857) 405). 7. This Court has perused the impugned portion of the Order of this Court dated 17.02.2025 in W.P,No.4052 of 2025. This Court has also perused the two Judgements referred to hereinabove by the Hon'ble Court. These two Judgements have been referred in the Order of this Court dated 17.02.2025 in W-P.No'4052 of 2025. 8. Having considered the same, this Court is in agreement with the contention of Sri Patanjali Pamidighantam, learned Counsel for the Review petitioners that paragraph No.12 of the Order dated 17.02.2025 in W.P.No.4052 of 2025 is contrary to the decision rendered therein and also contrary to the settled law in Mokkapaf,I Chant/ra Sekhar RaoJs case, which is later followed-in Dr. Raghava Rao Po/avarapuJs case. Moreover, i{ is noticed by th'ls court that para 12 of the Order dated 17.02.2O25, if it is ~-.,--rs-® ==>'--r_ _ _____''__ _r__-'-_ I_ `T allowed to remain, it would have the effect of making the entire order otiose/useless. 9. ln this view of the ma{{er, this Court is of the opinion that this is an error apparent on the face of the record. 10. ln the above premise, the Review Petition No.2 of2025 in W.P.No.4052 of 2025 is allowed. Consequently, paragraph No.12 of the Order of this Court dated 17.02.2025 in W.P.No.4052 of 2025 shall stand expunged/deletedJ aS nor, esf in the eye of law from the date of the order, i.e., from 17.02.2025. ll. Registry is directed to issue fresh copy of this orderto the parties after deleting Para No.12 of the Order dated 17.02.2O25 in W.P.No.4052 of 2025. Sd/-iJLS*§ DE`¥`! //TRUE COPY// +fraS.S i STAELj I ERE--_G!STPdfiP` To, 1. The Principal Secretary, Department of Stamps and Registration (Revenue-ll), State of Andhra Pradesh, Secretariat Buildings, Velgapudi, Amaravati. 2. The Inspector General, Department of Stamps and Registration (Revenue-ll) R.K.Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Vijayawada, A.P. -521151. 3. The District Registrar of Societies, Bhimavaram Division, Bhimavaram, West Godavari District 4. One CC to Sri Patanjali Pamidighantam, Advocate [OPUC] 5. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. ssb =j - i - \ . | I. ( ~ J '\ I .\ . i ¢d HIGH COURT DATED:24/06/2025 ORDER IA No.2 of 2025(Review Petition) in WP.No.4052 of 2025 ALLOWING THE IA No.2 OF 2025(REVIEW PETITION) in W|P. NoI4052 of 2025 ```` ffiGt lN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Specl-.al Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF FEBRUAR TWO THOUSAND AND TWENTY FIVE PRESENT THE HONJBLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4052 OF 2025 Between.- 1. The Rice Millers Educational And Cultural Society, Tadepalligudem, West Godavari District, Rep. by its Secretary, P. Rama Krishna Gopala RaJ'u] 2. P. Rama Krishna Gopa]a Raju, S/o Rambhadra Raju, aged 68, R/o. D.No. 2-134, Main Road, MaI'n Road, Goteru, West Godavari District ...PETITIONERS AND 1. The State ofAndhra Pradesh, Department of stamps and Registration (Revenue-Il) Rep. by its principal Secretary, Secreariat Buildings, Velgapudi, Amaravati. 2. The Inspector General, Department of stamps and Registration (Revenue-II) R.K.Spring Valley Apartments, Edupugallu, Kaankipadu MandaI, A.P.VI-jayaWada -521151. 3. The District Registrar of societies, Bhimavaram Division, Bhjmavaram, west Godavari District ...RESPONDENTS PetI'tiOn 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 wrI-I, Order Or dI-reCtiOn especially one in the nature of Writ of Mandamus declaring the acknowledgment dated o2.08.2024 and also the acknowledgment dated 19.ll.2024 passed by the 3rd Respondent District Registrar, Bhimavaram, west Godavari District in respect of lst Petl-tiOner Society as contrary to law, illegal, arbitrary, without jurisdiction J and -against principles of natural justice and consequently direct the 3rd r6spo..nde-nt to receive the list of Managing Committee furnished on behalf J. of the 1:i petitioner Society for the year 2022-2023. [AfuO: 1 OF2025 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 3rd respondent to receive the list of Managing Committee furnished on behalf of the lst petitioner Society for the year 2022-2023. Counsel for the Petitioners: SRI POSANI AKASH Counsel for the Respondent Nos.1 to 3: SRI K. ARJUN CHOWDHARY, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER APHCOI OO74572025 lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OrjgjnaI JurI'SdjCtiOn) [3328] MONDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO TH'C)USAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4052/2025 Between: 1.THE RICE MILLERS EDUCATIONAL AND CULTURAL SOCIETY, THE R TADEPALLIGUDEM, WEST GODAVARI DISTRICT, REP. BY ITS SECRETARY, P. RAMA KRISHNA GOPALA RAJu, 2.P. RAMA KRISHNA GOPALA RAJU, S/O RAMBHADRA RAJU, AGED 68, R/O. D.NO. 2-134, MAIN ROAD, MAIN ROAD, GOTERU, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF STAMPS AND REGISTRATION (REVENUE-lI) REP. BY ITS PRINCIPAL SECRETARY, SECREARIAT BulLDINGS, VELGAPUDl, AMARAVATl. 2.THE INSPECTOR GENERAL, DEPARTMENT OF STAMPS AND REGISTRATION (REVENUE-II) R.K.SPRING VALLEY APARTMENTS, EDUPuGALLU, KAANKIPADU MANDAL, A.P.VIJAYAWADA -521151. 3.THE DISTRICT REGISTRAR OF SOCIETIES, BHIMAVARAM DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT ...RESPONDENT(S): Counsel for the petitioner(s): 1.POSANI AKASH Counsel for the Respondent(s): f¢` 2 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ORAL ORDER: Heard Sri Posani Venkateswarlu, learned Senior Counsel appearing on behalf of Sri Posani Akash, learned Counsel for the Writ Petitioners and Sri K. Arjun Chowdary, learned Assistant Government PIeader for Registration and Stamps. 2. Sri Posani Venkateswarlu, learned Senior Counsel has drawn the attention of this Court to the Impugned Order passed by the Registrar of So'cieties. For the purpose of the present case, it would become relevant to extract the entire Impugned Order, which is as under: Application No Bar Code ATSO12400068190 Date: 02/08/2024 The application with UnI-que applicant No, ATSO12400068190, applied for Amendment of Society (Under Section: 10) has been REJECTED by OFFICE OF THE REGISTRAR OF SOCIETIES of BH IMAVARAM. Due To :The Comments from the OFFICE OF THE REGISTRAR OF SOCIETIES for rejecting the application: Some E.C & General Body members of the Society raised objections on filing of LGB & Irregularities ill the society in writing on Dt 20.07.2024. As per Section 23 of Andhra Pradesh society registration Act-2001 resolve the dispute in the Competent Court. BH I MAVARAM Date: 13/07/2014 REGISTRAR OF SOCIETIES: R.Satyanarayana Designation.- DISTRICT REGISTRAR District: BHI MAVARAM i. QStt\t| . ,-r •#=m-. _ _ 3. The above lmpugneq order would indicate that the Registrar of societies has rejected the list of the Elected Members of the Managing Committee submitted to the Registrar. 4. The above extract would indicate that some Executive Council Members and General Body Members of the society have raised the objections about filing of the List of GovernI'ng Body Members and irregularities in the Society and submitted in writl'ng on 20.07.2024. lt is also stated that as per Section 23 of the Andhra Pradesh Societies Registratl'on Act, 2001, such dispute shall be resolved through competent court. 5. The above Impugned order does not disclose the names and other details of the Executive Council and General Body, who have raised the objections. lt does not disclose the nature of objections. lt also does not disclose whether such objections have been supplied to the writ petitioners before passing the lmpugned' Order or not. 6. lt appears that the Registrar has acted in a mechanI|Cal manner by complete non-application of mind in passing the Impugned order. The least that the Registrar could have done is to supply the copies of the objections submitted by the Members of the Executive Council and General Body wI'th regard to the List of the Governing Body. The Registrar ought to have called for remarks thereof and applied his mind and ought to have passed a Speaking Order. 7. lt appe-ars that the Registrar of societies has not taken into consideration the raf,-o doc,-dency,' of the Judgement of the Division Bench of th-ls Court -ln IVlokkapati chandra sekhar Rao Vs. Pragathi Educational Society, Guntur District in w.A.Nos.5O2 and 980 of 2018, dated 79.O9.2OJ8,-LAWS,APE,-2O:J8-9-57 and the Judgement of the learned single Judge, -ln Dr Raghava Rao Polavarapu vs The State Of Andhra Pradesh in w.p.No.13192 of 2O21, dated 21.12.2021: (2022) 1 ALT 304 : (2022) 1 AmLJ 143 : (2022) 2 ALD 31 : AIR 2022 (NOC 857) 405. 4 8. ln order to further state that the Impugned order was passed in a mechanI'Cal manner, Suffice it {O notice that the Objections Were Submitted by the Members of the Executive Council and the General Body on 20.07.2024, whereas, the Impugned Order appears to have been passed on 13.07.2024. ln other words, the Impugned Order is passed seven days in advance of the date of the submission of the objections by the members of the Executive Council and the General Body. 9. In this view of the matter, the Impugned Order is unsustainable in law inasmuch as the said law suffers from the vice of non-adherence to principles of natural justice and complete non-application of mind. 10. ln the prayer, it has been wrongly mentioned that the Impugned order was passed on 02.08.2024 and 19.ll.2O24. These two dates pertain to the date on which the said Orders were downloaded. The Impugned Order appears tO have been Passed On 13.07.2024 (Ex.P1) and 04.ll.2024 (Ex.P2). ll. Accordingly, this Writ Petition is allowed by setting aside the Impugned Orders dated 13.07.2024 (Ex.P1) and 04.ll.2024 (Ex.P2). No order as to costs. 12. * deleted 13. lnterlocutoryApplications, if any, stand closed jn terms of this order. Sd/-U. SRIDEVI ASSISTANT REGISTRAR :TEAc#R:: R: //TRUE COPY// To, 1. The Principal Secretary, Department of Stamps and Registration (Revenue-II), State ofA-ndhra Pradesh, Secretariat Buildings, Velgapudi, Amaravati. 2. The Inspector General, Department of Stamps and Registration (Revenue-lI) R.K.Spring Valley Apartments, Edupugallu, Kaankipadu Mandal, A.P.Vijayawada -521151. I ) I ) - gr'` •' 3. The District Registrar of societies, Bhimavaram Division, Bhimavaram, West Godavari District 4, One CC to Sri Posani Akash, Advocate [OPUC] 5. Two cos to GP for Stamps and Registration, High Court ofAndhra Pradesh. [OUT] 6. Three CD Copies. Ssb Note: The * Paragraph No.12 is deleted in order portion as per court order dated 24.06.2025 in lA No.2 of 2025. Substitute thI-S amended order in place of earlier order which was despatched on I 20.03.2025- Sd/-U. SRIDEVI ASSISTANT REGISTRAR I. ` `\-'\. ` .' : I= .;._:`' `. ``'. `.. -.'* . I 5* I I.I |` i I. =|:. .. :\:1.-.:.`..` L`` '.\ \ HIGH COURT DATED:17/02/2025 24/06/2025 (AMENDED) ORDER WP.No,4052 of 2025 ALLOWING THE W.P. WITHOUT COSTS