Telangana High Court
WP/3362/2009 of Kamareddy College Education Society, Kamareddy, Vs State of Andhra Pradesh, represented by its on 30 December 2014
A . RAMALINGESWARA RAO WRIT PETITION No.3362 of 2009 O R D E R: Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 3. 2. This writ petition was filed challenging the proceedings dated 29.11.2008 in Letter No.H3/3491/2008-H on the file of the 2nd
HON’BLE SRI JUSTICE A. RAMALINGESWARA RAOWRIT PETITION No.3362 of 2009
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O R D E R:
Heard learned counsel for the petitioner andlearned Government Pleader for respondents 1 to 3.
2. This writ petition was filed challenging theproceedings dated 29.11.2008 in LetterNo.H3/3491/2008-H on the file of the 2[nd]wasrespondent. The said letter dated 29.11.2008addressed to Lead Bank Manager, Nizamabad,requesting him to issue instructions to all theControlling Officers of all banks to keep theoperations of all transactions standing in the nameof the petitioner society in abeyance till formation ofnew society.
3. The said order was initially suspended byorder dated 08.04.2009. However, by order dated28.05.2009, the petitioner was restrained fromwithdrawing further amounts. The subsequent orderdated 28.05.2009 was vacated on 09.06.2011, as aresult of which the petitioner has been operating thebank accounts.
4. A counter-affidavit is filed stating that theGeneral Body of the Society was formed withSamithi President and Sarpanchas of all villages forfew years and it was in vogue and thereafter therewas no Governing Body. Only 7 founder memberswere administering the affairs of the society for along time even after the death of the foundermembers which were left unfilled for the last 10years. After 2004 only, 5 members were in thesociety and in the said year the society admitted 7members belonging to Hyderabad contrary to bye-laws. Nearly 300 students under the leadership ofrepresentatives of political parties conductedDHARNA before the RDO’s office on 13.08.2008and submitted a representation making allegationsagainst functioning of the petitioner society. Anenquiry was held on 01.09.2008 and the membersof College Education Committee submitted a letterstating that new society may be formed as per bye-laws while cancelling the existing society. In thosecircumstances, the impugned proceedings wereissued.
5. However, in view of the long lapse of time, anew society might have been formed and no useful purpose would be served by adjudicating the issueraised in the writ petition. This is more so, in viewof vacating the interim order and allowing thepetitioner society to operate the bank account.
6. The writ petition is accordingly closed in viewof the interim order.Pending miscellaneouspetitions, if any, shall stand dismissed inconsequence. No costs.
A.
Date: December 30, 2014BSB
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RAMALINGESWARA RAO, J
15HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.3362 of 2009
BSB
Date: December 30, 2014