IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16502 of 2008 Between: Dr. Deepak Raj S/o Late Hansraj R/o 21-5-12/1 & 21-5-11, Darwaja charmahal, Near City College, Hyderabad. ..... PETITIONER AND 1The Registrar of Societies, Red Hills, Hyderabad. 2Thati Maisamma Muthyalamma Raktha maisamma, Maisamma Welfare Society (Regd No. 1195 of 2005) Hyderabad rep by its President Sri V. Brahmachari, S/o Late Komaraiah aged 52 years Business R/o H. no. 21-6-882, Lohar Khana, city College X Road, Hyderabad. 3V. Brahmachari S/o Late Komaraiah R/o H. No. 21-6-882, Lohar Khana City College X Road, Hyderabad. 4Pawean Kumar Mishra S/o Suresh Chand Mishra R/o H. No. 21-6-443, Ghansi bazar Jhula, Hyderabad. 5Neeraj Kumar Sharma S/o late Santosh Kumar Sharma R/o H. No. 21-6-94/1, Anand Galli, babri Alwa, Hyderabad,. 6kamala Kishore Sharma S/o lte Nanak chand Sharma R/o H. No. 21-6-554, Ghansi Bazar Jhula, Hyderabad, 7G. Srinivas yadav S/o Shankaraiah Yadav, R/o H. No. 21-6-115, Suraj Galli, Babri Alwa, Hyderabad. 8Tulasi Ram Gupta S/o Late Durga Prashad, R/o H.No. 21-6-401, Ghansi Bazar Jhula, Hyderabad. 9Adheep Singh S/o Bhikam Singh R/o H. No. 21-3-298, Petla Burj, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Certiorari or any other appropriate Writ, order or direction, calling for the records and declaringthe action of the Respondnets 3 to 9 in formation of the 2nd Respondent and the action of the 1st Respondent in registering the 2nd Respondent as unjust, arbitrary, high-handed, illegal and unconstitutional and consequently quash the 2nd respondnet herein and pass such other order or orders. Counsel for the Petitioner:MR.N.GOPI CHAND Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.16502 OF 2008 ORDER: The writ petitioner challenges the action of the first respondent in registering the second respondent society comprising of respondents 3 to 9. It is stated that the petitioner is the exclusive owner of premises bearing No. 21-5-12/1 and 21-5-11 of Darwaja Char Mahal, Hyderabad and that there are deities in the premises. He pleads that the second respondent society is brought in to existence only to provide access for respondents 3 to 9 to the premises of the petitioner where the deities are located. He contends that the registration of second respondent society is contrary to Section 3 of the Andhra Pradesh Societies Registration Act,2001 (for short ‘the Act). Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. Section 3 of the Act enables any seven or more persons to get a society registered, to pursue objects, that are mentioned in it. The second respondent society was registered with an object of propagating religion with special reference to the deities mentioned in the deed. By itself, the registration does not confer any exclusive rights on the respondents 2 to 9 vis- a-vis a property of any third person, including the petitioner. Further in case there is any unlawful interference by respondents 2 to 9, with his rights, the petitioner can always institute necessary proceedings before the competent court of law. As a matter of fact, the petitioner had approached this court on earlier occasion by filing W.P.No.20309 of 2007. Further if the petitioner wants relief of cancellation of the registration of the second respondent society, he has to file a suit under Section 31 of the Specific Relief Act. Therefore, this court is not inclined to admit the writ petition. The writ petition is disposed of leaving it open to the petitioner to work out remedies in accordance with law. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 19.11.2008 Note:C.C. in three days. B/o. Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}