Telangana High Court
WP/27292/2007 of M. Kondala Rao Vs The Government of Andhra Pradesh, Rep. by Principle on 24 December 2007
SRI JUSTICE N.V. RAMANA Writ Petition No. 27292 of 2007 Date: 24.12.2007 Between: M. Kondala Rao and others. ..... PETITIONERS AND The Government of A.P., rep. by the Principal Secretary, General Administration (Services Welfare-I) Department, Secretariat Buildings, Hyderabad and others.
THE HON'BLE SRI JUSTICE N.V. RAMANA
Writ Petition No. 27292 of 2007
Date: 24.12.2007
Between:
M. Kondala Rao and others.
AND
..... PETITIONERS
The Government of A.P., rep. by the Principal Secretary,General Administration (Services Welfare-I) Department,Secretariat Buildings, Hyderabad and others.
.....RESPONDENTS
THE HON'BLE SRI JUSTICE N.V. RAMANAWrit Petition No. 27292 of 2007
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Order:
The petitioners claim to be members of respondent No.3-Association. They state that as per G.O. Ms. No. 796, GeneralAdministration (Service Welfare-I) Department, dated 19.12.2006,issued by the Government, respondent Nos. 2 and 3-Associations haveto conduct general body meetings regularly and submit income andexpenditure statements to the Executive Committees. They state that asrespondent Nos. 2 and 3 in terms of the afore said G.O. failed to conductthe general body meetings, they made a representation dated18.10.2007 requesting the President of respondent No.2-Association totake necessary action in the matter, and as no action thereon had beentaken, they filed the present writ petition.
Heard the learned counsel for the petitioners and the learnedGovernment Pleader for General Administration.
Respondent Nos.2 and 3-Associations, against which thepetitioners are seeking directions, is neither a State nor aninstrumentality of the State nor local or other authorities, falling within thedefinition of “the State” as defined under Article 12 of the Constitution ofIndia, and as such, the writ petition filed against them is notmaintainable. However, since the Associations are societies registeredunder the provisions of the A.P. Co-operative Societies Act, 1964, theremedy of the petitioners as against the non-implementation of theG.O.s. by respondent Nos. 2 and 3-Associations, is to approach the authorities concerned under the A.P. Co-operative Societies Act, 1964.Hence, the writ petition is not maintainable and the same isaccordingly dismissed.
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N.V. RAMANA, J.
Date: 24.12.2007Nsr