IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 128 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 13/10/2008 in WP NO : 11176 OF 2008 on the file of the High Court.) Between: Viswakarma Weaker Section Welfare Association, (Regn. No.166/85, rep. by its Secretary, C. Hanumantha Rao, S/o. Late C. Bhaskar Rao, aged 60 yrs, R/o. H.No.4-7-1080, Essamia Bazar, Hyderabad-500027. ..... APPELLANT AND 1 District Collector, Ranga Reddy District, Khairtabad, Hyderabad. 2 The Commissioner, Qutbullapur Municipality, Ranga Reddy District. 3 Manna Balseh S/o. Kistaiah R/o. H.No.1-4, Suraram Village, R.R. District. 4 Krishna Reddy S/o. Nagi Reddy R/o. H.No.1-17, Suraram Village, R.R. District. 5 Pratap Reddy S/o. Narayana Reddy R/o. H.No.134/1, Suraram Village, R.R. District. 6 K. Srinivasa Reddy S/o. Yella Reddy R/o. H.No.134, Suraram Village, R.R. District. 7 C. Anjaneyulu S/o. Narsimhulu R/o. H.No.5-35/111, Vasantnagar, Kukatpally, Hyderabad. 8 Kanakachari S/o. S.H. Lingam R/o.12-68, Vasantnagar, Opp: IDPL Colony, Hyderabad. 9 Sadanandam S/o. Veeraiah R/o.H.No.2-148, Fatehnagar, Hyderabad. 10 Mahboob Ali, S/o. Madar, R/o. IDPLH.no.5-825/122, Namalagundu, Secunderabad. .....RESPONDENTS Counsel for the Appellants: SRI V.R.BALACHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :128 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by order, dated 13.10.2008 in W.P.No.11176 of 2008, whereby the learned single Judge dismissed the writ petition filed by the appellant questioning the inaction of respondents 1 and 2 for not taking any action against respondents 3 to 9 on the representation dated 20.2.2008 and 2.4.2008. In the above writ petition, the appellant-association contended that respondents 4 to 9 in collusion with respondent No.2 constructed 60 houses illegally on the plots allotted to the association and therefore, necessary direction is required to be given to respondents 1 and 2 to remove the illegal constructions made by non-members of the association. The learned single Judge having gone through the material on record, observed that there appears to be serious dispute with regard to the management of affairs of the appellant-association and there is no public law element involved in the writ petition and the dispute is purely a private one and therefore, invocation of jurisdiction of the Court under Art.226 of the Constitution of India is wholly unwarranted, dismissed the writ petition. Having aggrieved by the same, the present writ appeal has been filed. Heard the learned Counsel and perused the material available on record. On a perusal of the material available on record and the pleadings in the writ petition and the contentions raised by the Counsel, it is apparent that there is a dispute between the parties as to the management of the appellant- association. After going into the merits of the case, the learned single Judge passed the order under appeal. We have also perused and found that the dispute is purely confined to the members of the association as to its management. In this view of the matter, we concur with the findings and reasons given by the learned single Judge and hence, the order under appeal does not warrant any interference and the writ appeal is liable to be dismissed. Accordingly, this writ appeal is dismissed. No order as to costs. _________________________ Justice T. Meena Kumari ____________________________ Justice C.V. Nagarjuna Reddy Date: 9th February, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 128 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 9`th February, 2009