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2001 Supreme(AP) 218

Andhra Pradesh High Court
Judges : S.B.SINHA, S.R.NAYAK
Board of Education of Samavesham of Telugu Baptish Churches, Nellore - Appellant
Versus
State OF A.P. - Respondent
Decided On : 03-05-01

Headnote:

Civil Procedure Code,1908 - Andhra Pradesh Civil Courts Act - Section 141 and 9 - Indian Contract Act - Section 23 - Specific Relief Act, 1963 - Temporary injunction – Aggrieved by the action of the respondents in not approving the names of correspondents appointed/continued by the STBC to various institutions -Three appeals arising out of respectively although were heard separately but being inter-related are being disposed of by this Common Judgment - Samavesam of Telugu Baptist Churches for short hereinafter referred to as stbc is a faction riddled society registered under Societies Registration Act which run various educational institutions in State – Held, Court exercises a wide power under Article 226 of the Constitution of India and in a given situation, it can even mould the reliefs in order to do substantial justice between the parties. But, in our considered opinion, this Court cannot, while doing so, pass an order which had not been prayed for either directly or indirectly. Only relief could be granted having regard to the pleadings of the parties in the writ proceedings. It is also well settled principle of law that an order is vitiated not only when it is held to be without jurisdiction but also when jurisdictions error is committed or in a case where the authority or the Court acts in excess of its jurisdiction. Even procedural bars contained in the principles of estoppels waiver or acquiescence cannot have any application in a case where order itself is ultra vires any statute or is against public interest - Reasons aforementioned impugned orders cannot be sustained which are set aside accordingly - Having regard to the complications that might have arisen pursuant to order of single Judge court are of opinion that Writ Petitions should be heard by a Division Bench - Appeals allowed

S. B. SINHA, C. J.

( 1 ) THESE three appeals arising out of W. P. No. 5096 of 2000, W. P. No. 21826 of 1999 and W. P. No. 21827 of 1999 respectively although were heard separately but being inter-related are being disposed of by this Common Judgment.

( 2 ) SAMAVESAM of Telugu Baptist Churches (for short hereinafter referred to as stbc ) is a faction riddled society registered under Societies Registration Act which run various educational institutions in the State. Three rival groups headed by T. Nathanial, C. D. Prakash Rao and M. Edward are involved in various litigations in Civil Courts and before this Court in regard to the management of STBC particularly with regard to appointment of correspondents to various institutions under the control of STBC. The earliest litigation can be traced to W. P. No. 1993 of 1993 filed by Sri C. D. Prakash Rao and his father Moses representing themselves as Additional General Secretary and Chairman respectively of STBC located at ABM Compound, Markapur, Prakasham district for a prayer upon the educational authorities to consider the approval of correspondents appointed to the educational institutions by them in terms of their representation dated 15-6-1992. The said writ petition was disposed of on 17-4-1993 with a direction to consider the case as prayed for. A Writ Appeal being W. A. No. 61 of 1994 was filed there-against by STBC, CAM Compound, Nellore represented by its General Secretary, Nathanial stating that a temporary injunction granted by the Subordinate Judge s Court, Nellore in O. S. No. 118 of 1991 filed by them against C. D. Prakash Rao, Moses and others were subsisting and such facts were suppressed in W. P. No. 1993 of 1993 and directions were obtained. It would be appropriate to state at this stage that while STBC, CAM Compound, Nellore had filed O. S. No. 118 of 1991 on the file of the Subordinate Judge s Court, Nellore, STBC, ABM Compound, Markapur had filed O. S. No. 87 of 1991 on the file of Subordinate Judge s Court, Markapur. STBC, Markapur filed Tr. C. M. P. No. 194 of 1993 before this Court seeking transfer of O. S. No. 118 of 1991 to the file of Subordinate Judge s Court, Markapur to be tried along with O. S. No. 87 of 1991. The Writ Appeal W. A. No. 61 of 1994 and the Transfer C. M. P. were disposed of by a Division Bench of this Court on 24-1-1994 in the following terms :"1. O. S. No. 87 of 1991 on the file of Sub-Court, Markapur filed by C. D. Prakash Rao and Moses shall stand transferred to the Court of Sub-Court, Nellore and be tried along with O. S. No. 118 of 1991 on the file of Sub-Court, Nellore filed by STBC, CAM Compound, Nellore. 2 The order of the learned single Judge assailed in this writ appeal by issuing a direction to the respondent to consider the representation dated 15-6-1992 is set aside and all the consequential orders passed pursuant thereto shall stand quashed; and3 The parties shall abide by the result of the suits which are directed in Clause (2) of our order. "three other Writ Petitions filed by STBC, Nellore represented by its General Secretary, J. Yesuratnam, W. P. Nos. 19690 of 1994 and 25243 and 28821 of 1997 - aggrieved by the action of the respondents in not approving the names of correspondents appointed/continued by the STBC to various institutions, came up for hearing before Bikshapathy, J. and the same were disposed of by the learned Judge on 13-11-1997 directing the Subordinate Judge s Court, Nellore to dispose of the suits O. S. No. 118 of 1991 and O. S. No. 87 of 1991 as expeditiously as possible. The learned Judge further directed that all the correspondents who were functioning as on that date in respect of all educational institutions shall continue as such except in respect of Coles Memorial Junior College, Kurnool and to recognize them subject to the result of the suits. As regards the Coles Memorial Junior College, Kurnool, it was directed that the Commissioner and Director of Intermediate Education shall nominate an Off

















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