Telangana High Court
WP/8996/2000 of P.JAGADEESWARA RAO Vs STA ORISSA AND 3 OTHERS on 7 November 2001
SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8996 of 2000 Dated : 21.09.2007 Between: Telecom Employees Colony Welfare Association, (Regd.No.2463/1988), rep., by its Secretary, D.Ramachandraiah s/o late D.Santaiah. ..... PETITIONER And: The Registrar of Societies, Andhra Pradesh,
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA
WRIT PETITION No.8996 of 2000
Dated : 21.09.2007
Between:
Telecom Employees Colony Welfare Association, (Regd.No.2463/1988), rep., by its Secretary, D.Ramachandraiah s/o late D.Santaiah.
..... PETITIONER
And:
The Registrar of Societies, Andhra Pradesh, Charminar Cross Roads, Hyderabad and others.
.....RESPONDENTS
THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADAWRIT PETITION No.8996 of 2000
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ORDER:
Petitioner is a Society, registered under the Andhra PradeshSocieties Registration Act (for short “the Act”). The petitioner societywas formed for the purpose of providing amenities and to ensuredevelopment of the plots purchased by the employees of the Telecom. While so, on 13.06.2002, the fourth respondent collected an amount ofRs.4,00,000/- from the employees of the Telecom, who are the membersof the petitioner society, in the name of the third respondent. Whenquestioned, the fourth respondent showed the byelaws of the thirdrespondent society. On enquiry petitioner came to know that the fourth respondent along with four others, who are neither the employees ofTelecom nor the members of the petitioner society, got the thirdrespondent society registered on 27.03.2003, resembling the petitionersociety. Thereafter, on 18.10.2003 petitioner submitted a representationto the second respondent to cancel the third respondent society, but invain. Hence, this writ petition seeking a direction to respondents 1 and 2to delete and remove the name of the third respondent society from therecord of registration.
Despite service of notice, no counter-affidavit is filed on behalf ofthe respondents.
Heard the learned counsel for the petitioner.
Petitioner society was registered with registration No.2463 in theyear 1988 and the third respondent society was registered in the year2003 with registration No.401. The contention of the learned counsel forthe petitioner is that as per the consolidated Societies Registration Act,which came into force in the year 2001, no society shall be registered ina district by a name which is identical with that of another societyregistered in the same district, and the same has to be accepted in viewof Section 6(2)(a) of the Act. It may be relevant to extract the saidprovision, which is as under:
“Section 6 (2)(a): No society shall be registered in a District bya name, which is identical with that of another registered societyin existence in the same District or so nearly resembling it soas to mislead except where the registered society in existenceis in the course of being dissolved and signifies in writing itsconsent to such registration.”
From the above it is clear that when the petitioner society was registeredas early as in the year 1988, the third respondent society ought not tohave been registered in the same name for the welfare of Telecomemployees in the year 2003 that too in the individual name. Therefore,both registering the society in the name identical to the petitioner-society, and also registering in the name of individual are contrary to the provisions of Section 6(2)(a) of the Act.
Accordingly, the writ petition is allowed and a Mandamus is issueddirecting respondents 1 and 2 to remove the name of the thirdrespondent from the record of registration. There shall be no order as tocosts.
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21.09.2007
sh