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2026 DAILYLAW 22039 (AP)

M/S AKHILA BHARATIYA BRAHMANA KARIVENA NITYA ANNADANA SATRAM v. THE DISTRICT REGISTRAR

WP/17205/2024 · 2026-02-09

B Krishna Mohan

body2026

Judgment text

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APHC010328132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 17205/2024 Between: 1. M/S AKHILA BHARATIYA BRAHMANA KARIVENA NITYA ANNADANA SATRAM, SRISAILAM, NANDYALA DISTRICT ANDHRA PRADESH REP.BY ITS SECRETARY DR.N.VENUGOPAL ...PETITIONER AND 1. THE DISTRICT REGISTRAR, Under Indian Stanjp Act 1899 The Registration Act 1908 Nandyala District Nandyal, Andhra Pradesh . ...RESPONDENT 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 tomay be pleased to issue a Writ of Mandamus or any other Writ or order or direction,, declaring the communication ctated t. 17-06-2024 of the Respondent herein, as arbitrary, illegal, and unjust and issud a consequential direction directing the Respondent herein to receive the intimation sent to it, by the petitioner through its intimation dt.11-06-2024 about the Minutes of the Annual General Body Meeting, held on 04-02-2024 and pass IA NO: 1 OF 2024 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 may be pleased to issue interim Directions directing the Respondent to receive the intimation sent by the petitioner, about the Minutes of the General 2 HBKM,J W.P.No.17205 of 2024 Body Meeting held on 04-02-2024 pending disposal of above Writ Petition, and pass 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 pleased to grant leave to the Petitioner herein/ Respondent to file counter affidavit in the above Writ Petition and pass IA NO: 1 OF 2026 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 pleased to grant leave to permit to file the reply Affidavit by the Petitioners in W.P.No.17205 OF 2024 and pass Counsel for the Petitioner: 1. S N CHIDAMBARA SASTRY Counsel for the Respondent: 1. GP FOR REGISTRATION AND STAMPS 3 HBKM,J W.P.No.17205 of 2024 The Court made the following Order: Heard Sri S.S. Prasad, the learned Senior Counsel appearing for the petitioner and the learned Assistant Government Pleader appearing for the respondent. 2. This writ petition was filed questioning the acknowledgement of the respondent dated 17.06.2024, which is as under: The application with Unique applicant No.ATS012400064068, applied for Amendment of Society (under Section: 9, 10) has been REJECTED by OFFICE OF THE REGISTRAR OF SOCIETIES of NANDYAL. Due To: The Comments from the OFFICE OF THE REGISTRAR OF SOCIETIES for rejecting the application: Due to non production affidavits from the out going members hence rejected. 3. The learned Senior Counsel for the petitioner submits that the respondent totally misunderstood the representation submitted by the petitioner dated 11.06.2024. It is only an information furnished under Section 9 of the Andhra Pradesh Societies Registration Act, 2001 (hereinafter referred as “the Act”), for uploading the relevant document for issuance of certified copies of all the documents. 4. As per the common order of the erstwhile High Court reported in (2017) 6 ALD 14 interpreting Section 9 of the Act, wherein it was observed that it is only an intimation that has to be given by the Society and the Registrar has no 4 HBKM,J W.P.No.17205 of 2024 role except to keep the said intimation in his record. No adjudication is involved. Whereas the respondent herein referring to the Unique Applicant No.ATS012400064068 treated as for Amendment of Society (under Section 9, 10) and the same was rejected on the ground that the petitioner not produced the affidavits from the outgoing members by way of the impugned acknowledgement dated 17.06.2024. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent refer to the impugned acknowledgement dated 17.06.2024 and submits that the representation referred above is pertaining to the Amendment of Society and as such, the said reason was assigned by the respondent in the above said impugned acknowledgement dated 17.06.2024, due to non production of the affidavits from the outgoing members. 6. In reply, the learned Senior Counsel appearing for the petitioner submits that there is no dispute with regard to the members in the office and the representation dated 11.06.2024 is very clear for all the purposes and the same was submitted to the respondent. Without adhering to the contents of the said representation, the respondent issued the above said impugned acknowledgement dated 17.06.2024. 7. In view of the above said facts and circumstances, as the representation of the petitioner dated 11.06.2024 is not referred anywhere in the above said impugned acknowledgement dated 17.06.2024 of the respondent, the same is set aside, enabling the respondent to pass fresh 5 HBKM,J W.P.No.17205 of 2024 orders by considering the representation of the petitioner dated 11.06.2024 strictly in accordance with law and the said representation shall be considered by the respondent in a right perspective. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 10.02.2026 PGT