K.R.Suryanarayana vs The A.P.Comml. Taxes Non-Gazetted ...

First respondent is an association. Andhra Pradesh Commercial Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3 before the High Court) of which appellant claims himself to be an elected President is also an association purporting to be representing the same set of employees. Disputes and differences having arisen between the office bearers of these two associations as regards the name under which they can function, an application was filed by the respondents herein before the Chief Judge, City Civil Court, Hyderabad raising a dispute in terms of Section 23 of the Andhra Pradesh Societies Registration Act,2001) praying, inter alia, for a declaration that the first respondent alone was entitled to use the name Andhra Pradesh Commercial Taxes Non-Gazetted Officers' Association and the appellant herein and the Andhra Pradesh -1- Commercial Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3 before the High Court) were not and could not associate themselves therewith.

Appellant and the Andhra Pradesh Commercial Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3 before the High Court) in their written statement, inter alia, raised a contention that from the name of Andhra Pradesh Commercial Taxes Non-Gazetted Officers' and Class IV Employees Association the words " Class IV Employees" have since been deleted. It was furthermore pointed out that on a representation made by the appellant herein; the Government of Andhra Pradesh had issued a Memorandum dated 30.10.2004 holding that the words " Andhra Pradesh" from the name of Society bearing Registration No. 600/2004 would be deemed to be non-existent from the date of registration of the society.

Indisputably, Respondents had filed a writ petition thereagainst before the High Court of Andhra Pradesh at Hyderabad which was marked as Writ Petition No. 21170 of 2004. In the said writ petition a miscellaneous application being WPMP No. 2733/2004 was filed and the learned Single Judge of the said Court by an order dated 8.12.2006 while admitting the said writ petition dismissed the said WPMP. Presumably, that is the reason that the Andhra Pradesh Commercial Taxes Non- Gazetted Officers and Class-IV Employees -2- Association(respondent No.3 before the High Court) is not a party before this Court. In the mean time, it is stated owing to non-payment of process-fee as against Andhra Pradesh Commercial Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3 before the High Court), the suit filed by the respondents before the Chief Judge, City Civil Court, Hyderabad was dismissed. We are not concerned with the correctness of the said statement. But it appears that the name of Andhra Pradesh Commercial Taxes Non-Gazetted Officers and Class-IV Employees Association(respondent No.3 before the High Court) continued in the records and in fact the learned trial Judge by reason of a judgment dated 25.7.2007, inter alia, decreed the said suit directing as under:

We are, therefore, of the opinion that the matter should be heard out by the High Court afresh on merit. We would request the High Court to consider the desirability of taking up the pending Civil Revision Application with writ petition No.21170/2004 so that the disputes between the parties hereto may be finally resolved. While setting aside the impugned judgment, we would request the High Court to hear out the matters as expeditiously as possible and preferably within a period of three weeks from the date of communication of this order. We would, however, may observe that in the fitness of things and keeping in view the nature of dispute between the two associations, it would be appropriate if the concerned authorities of State Government do not pass any order on the representation filed by any of these associations till an appropriate order thereupon is passed by the High Court. The appeal is allowed on the aforementioned terms. Let the Registry send a copy of this order to the Registrar General of the Andhra Pradesh High Court so that necessary action may be taken in terms of this order.