HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 6471 OF 2011. DATED. 20th April, 2011 BETWEEN Peoples Educational Society, Pithapuram, East Godavari District, Rep. by its Secretary and Correspondent …Petitioner and The District Collector, East Godavari district at Kakinada and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 6471 OF 2011. ORDER: The petitioner is the society registered under the Societies Registration Act, 1860, having aims and objects, primarily intended to establish and run educational institutions to cater the educational needs of the locality. It is stated that the election to the office bearers of the petitioner society was conducted in the year 2000, in which, Sri Mohd. Chand Basha, Smt. Mohammed Noorjahan and Dr., B. Shyam Prasad were elected as Secretary, President and Joint Secretary respectively. It is further stated that the petitioner- society established a degree college by name Suryaraya Degree College to offer courses in B.A., B.Sc., and B.Com,. It is further stated that the petitioner-society informed the change of management effected in 2000 to the District Registrar, Kakinada and the same was certified by the District Registrar, Kakinada on 16.6.2000 and thereafter when the election was held on 25.04.2005 to the office bearers, the management communicated the same to the District Registrar on 08.06.2005. It is stated that when the District Registrar, Kakinada issued proceedings in Memo No. B6/Society/882/2009, dated 10.12.2009 declaring the petitioner-society as ‘defunct’, the petitioner-society filed Writ Petition No. 27871 of 2009 before this Court. This Court while admitting the said Writ Petition, granted interim suspension of the proceedings dated 10.12.2009 vide order dated 22.12.2009 and the Writ Petition is stated to be pending consideration before this Court. It is further stated that pursuant to the representation dated 27.01.2011 submitted by the second and third respondents stating that they are the real management of the petitioner-society and that they established Suryaraya Degree College at Pithapuram, the first respondent issued impugned proceedings in Ref.No.H.5/513/2011, dated 03.02.2011, enclosing therewith the original managing committee members of the petitioner-society for its recognition and directing to take action against the illegal persons by the police department. Andhra University is also informed that all the correspondence should be done with the original ‘Peoples Educational Society, with registration No. 198/92’ and that there should not be any type of transactions with any other body who are not in any way connected with the Peoples Educational society and the Suryaraya Degree College, Pithapuram. Sri Mohammed Chand Basha, representing himself as Secretary and Correspondent of the petitioner-Society (Peoples Educational Society, Pithapuram, Registration No. 198/92) filed the present Writ Petition questioning the aforesaid order dated 3.2.2011 passed by the first respondent. The learned Counsel for the petitioner, inter alia submitted that the first respondent has no power and jurisdiction under the provisions of the A.P. Societies Registration Act, 2011 to pass the impugned order. He submitted that as per section 23 of the AP Societies Registration Act, 2011, if any disputes arise among the members of the Society, competent civil Court is the proper forum and the first respondent has no power or jurisdiction to pass the impugned order. He further submitted that Section 9 of the Act only stipulates filing of the annual list every year containing the names and addresses of the members of the Managing Committee and officers entrusted with the management of the affairs of the Society and the said Act does not provide any penal consequences for not filing such annual list. He therefore prayed for setting aside of the impugned order. Heard the learned Counsel for the petitioner. Perused the case file. A perusal of the impugned order dated 03.02.2011 passed by the first respondent reveals that this Court in the earlier round of litigation declared Sri Md.Chand Basha, who was claiming himself as Secretary, Suryaraya Degree College has no locus standi in the management of the Peoples Educational Society for 2000-2005 and Smt. Bandi Vasantha Prasad, claiming her self as Secretary, Suryaraya Degree College, Pithapuram has also no locus standi for 2003-2006 inasmuch as they are not members of the founder executive body of the petitioner-society. As there are no changes in the college management of the petitioner-society, the first respondent found that obtaining of the certification as required under the AP Societies Registration Act, 2001 by Smt. Md. Noorjahan, W/o Chand Basha, as President of the management, for 2000-2005 and Sri Bandi Syam Prsad, as President is in violation of the provisions of Section 6(2)(a) and 19(1) of the Societies Registration Act, 2001 and as such based on the orders of the Commissioner and Inspector General, Registration of Stamps, Andhra Pradesh, Hyderabad, the District Registrar, Kakinada has cancelled two management lists which were entered after the founder management. Ergo, the first respondent held that Smt. Noorjahan Self styled President, Md. Chand Basha, Self Styled Secretary and Sri Bandi Syam Prasad Self styled President have no connection with the Suryaraya Degree College, Pithapuram, run by the petitioner-Society (Peoples Educational society, Reg.No. 198/92). Pertinent to note, when Sri Md. Chand Basha, who was claiming himself as Secretary and Correspondent of the petitioner-society is not all a member of the founder executive body, and when this Court declared in the earlier round of litigation that Md. Chand Basha, self styled Secretary, Suryaraya Degree College run by the Peoples Educational Society, petitioner herein, has no locus standi in the management and when the lists filed by Smt. Md.Noorjahan and Bandi Syam Prasad as required under the Act were cancelled by the District Registrar, Kakinada, they have no locus standi to question the order impugned passed by the first respondent. The order impugned is an internal communication between the District Collector and the Vice Chancellor of the Andhra University and the same was issued based on the representation and evidence report submitted by the founder executive body of the Peoples Educational Trust. The petitioner-Society, represented by Md.Chand Basha as self styled Secretary & Correspondent is no way concerned with the order impugned. The submissions of the learned Counsel for the petitioner, therefore, merit no consideration. The first respondent, in normal course of events issued directions to the concerned authorities of the Andhra University and founder executive body of the Peoples Educational Society, instructing not to conduct any transactions of any type relating to the Society with any body who are not at all connected/concerned with the Peoples Educational Society and the Suryaraya Degree College, Pithapuram. In the above facts and circumstances, I do not see any infirmity or illegality in the impugned order passed by the first respondent. The Writ Petition is, therefore, dismissed. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 20th April, 2011. Msnro