THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23878 of 2008 DATED:12.10.2009 Between: Kaplivayi Rameshchandra Dutt. …Petitioner And The Chairman, A.P.Stae Council of High Education, Masabtank, Hyderabad, And others. …Respondents. THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.23878 of 2008 ORDER: The petitioner’s father Kasi Rama Rao was President of Sri Subbaraya & Narayana College, Narsaraopet, which was established sometime before 1950. Byelaw 3(F)1 of the byelaws of the Society enable a member of the College Committee to nominate hereditary male child in his/her place. If any member nominates other person, the hereditary right will be lost. The father of the petitioner statedly executed a document on 11.11.2002 nominating the petitioner as hereditary member after his lifetime. After death of his father on 04.05.2008, the petitioner informed the third respondent College about execution of the document by his father. In response thereto, by letter dated 14.08.2008 third respondent informed the petitioner that Sri Kapalavayi Vijay Kumar was taken as a College Committee member and he was elected as President of College Committee on the same day as per the letter in the sealed cover given by the petitioner’s father in 2007. The petitioner is aggrieved by this. He, therefore, filed the instant Writ Petition seeking a writ of mandamus declaring that he is entitled to membership of College Committee as hereditary male child of late Kasi Rama Rao as per document dated 11.11.2002 and for a declaration that the resolution passed by the College Committee on 25.05.2008 is not in accordance with law. The petitioner also seeks a direction to set aside the resolution of the College Committee. This Court heard learned Counsel for the petitioner, who reiterated the various contentions as disclosed in the affidavit accompanying the Writ Petition. The dispute essentially is between the petitioner, the College Committee and the third respondent College. When the petitioner contends that he alone is entitled to hereditary membership of the College Committee and the same is denied by the third respondent on the ground that as per the wishes of late Kasi Rama Rao, Kapalavayi Vijay Kumar was already taken as member and elected as President of the College Committee, it is certainly a dispute between the Management and the President claiming to be a member of Managing Committee. In such an event, a Writ Petition is not proper remedy. Indeed, as pointed out by the learned Government Pleader, the dispute is in the realm of private law and no public law issue would arise for adjudication in this Writ Petition. The petitioner has a remedy under Section 23 of the Andhra Pradesh Societies Registration Act, 2001. The Writ Petition is misconceived, and the same is accordingly dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 12.10.2009 vs