IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT APPEAL No.651 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the order dated 16.06.2008 in Writ Petition No.21170 of 2004 on the file of the High Court.) Between: 1. The Andhra Pradesh Commercial Taxes Non-Gazetted Officers Association, Registered No. R.C. 600/2004, represented by its President, Sri K. Gopala Krishna. 2. K. Gopala Krishna, S/o Sri Rangaiah, The Andhra Pradesh Commercial Taxes Non-Gazetted Officers Association, Commissioner of Commercial Taxes and Excise Complex, Nampally, Hyderabad. .....Appellants And 1. The Government of Andhra Pradesh, represented by the Special Chief Secretary, Revenue ( R & M) Department, Secretariat, Hyderabad. 2. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad. 3. The Registrar of Societies, Registration and Stamps Department, Andhra Pradesh,Nampally, Hyderabad. 4. Sri K.R. Suryanarayana, S/o. Sri K.V.N. Sarma, O/o Commissioner of Commercial Taxes, Nampally, Hyderabad. .....Respondents Counsel for the appellants : Sri E. Manohar, Senior Advocate, assisted by Sri M.Surender Rao Counsel for respondent Nos.1 to 3: Government Pleader for Revenue Counsel for respondent No.4 : Sri N. Subba Reddy for Sri Y.V. Ravi Prasad The Court made the following: JUDGMENT: (per Anil R. Dave, C.J.) The appellants – original petitioners, being aggrieved by an order dated 16th June, 2008 passed in Writ Petition No.21170 of 2004 and C.R.P.No.3511 of 2007, have filed this appeal. The facts giving rise to this appeal in a nutshell are as under: Appellant No.2 – petitioner No.2 is an office bearer of appellant No.1 – petitioner No.1 – Andhra Pradesh Commercial Taxes Non-Gazetted Officers Association. Appellant No.1 association is a registered society bearing Registration No.600/2004 under the provisions of the Andhra Pradesh Societies Registration Act, 2001 (hereinafter referred to as ‘the Act’). By virtue of proceedings dated 27.3.2004, respondent No.1 Government had granted necessary permission for getting appellant No.1 society registered. Respondent No.4 had filed Writ Petition No.8967 of 2004 contending that appellant No.1 society could not have been registered because a society of employees of Commercial Taxes Department namely, Andhra Pradesh Commercial Taxes Employees Guild was already in existence and the said society was also given recognition by the government under proceedings dated 18.6.1968. In the said petition, it was further prayed that registration of appellant No.1 society be, therefore, cancelled. After hearing respondent No.4, the afore-stated petition was disposed of by this Court by permitting respondent No.4 to make a representation to respondent No.1 Government on the subject matter and respondent No.1 was directed to consider and decide the said representation. In the circumstances, a representation was made by respondent No.4 to respondent No.1. The said representation was considered without hearing the appellants and an order dated 28th October, 2004 was passed by respondent No.1, whereby the earlier order dated 27th March, 2004 giving permission for registration of appellant No.1 society was recalled. In pursuance of the afore-stated order dated 28th October, 2004, order dated 30th October, 2004 was passed, whereby the President of appellant No.1 society was directed to change the name of the society as it was not permissible to have two societies having similar names registered under the provisions of the Act. In Writ Petition No.21770 of 2004, the afore-stated order dated 30th October, 2004 was challenged by the present appellants – petitioners. After hearing the learned Advocates, the learned Single Judge was pleased to dismiss the petition. The afore-stated order passed by the learned Single Judge has been challenged in this appeal. At the time of hearing of the appeal, it has been submitted that it is an admitted fact that the impugned order dated 28th October, 2004 was passed without hearing the present appellants – original petitioners. In view of the above referred admitted fact, the learned Advocates have agreed that respondent No.1 ought to have passed appropriate order only after hearing the present appellants. In the afore-stated circumstances, in view of the consent of the learned Advocates, the impugned order passed by the learned Single Judge as well as the order dated 28th October, 2004 passed by respondent No.1 are quashed and set aside with a direction that respondent No.1 shall hear the office bearers of both the societies and only after hearing both the office bearers, shall pass a fresh order and till a fresh order is passed on the representation made by respondent No.4, status quo prevailing as on today shall be maintained. In view of the above order, the appeal stands disposed of as allowed with no order as to costs. ANIL R. DAVE, C.J. 29th July, 2008. R. SUBHASH REDDY, J. To 1. The Special Chief Secretary, Revenue (R & M) Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad. 3. The Registrar of Societies, Registration and Stamps Department, Andhra Pradesh, Nampally, Hyderabad. 4. Two copies to the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 5. Two C.D. copies. ARS