A private dispute between two half brothers is projected in these two writ petitions as a public law dispute and a relief is sought against the Registrar of Societies constituted under Section 2(l) of the Andhra Pradesh Societies Registration Act, 2001 (the Act).

The brief background of these cases as culled out from book pleadings and other documents is as follows. Late S.P.Sampathy started S.P.Sampathy’s Siva Sivani Educational Society (hereafter called, the Society). By reason of a judgment of the Court of District Judge, Ranga Reddy, in O.P.No.479 of 1997 the said Society is deemed to have been established in 1997 with Registration No.2906 of 1997. Indisputably, the said Educational Society has established Siva Sivani Public School at Sanga Reddy, Orchids International School at Budhera and another school near Kompally in Ranga Reddy District. The Society’s Managing Committee among others is father S.P.Sampathy, a son Shivaraj Sampathy, his wife Manjula Sampathy and another son Sailesh Sampathy. After death of father, disputes arose between Shivaraj and Sailesh. Sometime in 2003 Sailesh submitted a list of Office bearers to the Registrar of Societies as required under Section 9 of the Act. The same was taken on record by the Registrar on 20.09.2003. In the communication submitted along with the list of Office bearers Sailesh appears to have been represented that Shivaraj and his wife Manjula submitted resignations on 29.12.2002. They alleged that they never submitted resignations and Sailesh fabricated, forged and concocted resignations letters and got the list of office bearers approved officially. Both of them also lodged a report with P.S.Chikkadpally on 15.10.2005, being Crime No.369 of 2005 under Section 156 of the Indian Penal Code, 1860. The Police after completing investigation filed report on the file of the Court of IX Additional Chief Metropolitan Magistrate, Hyderabad, to the effect that report is false. The complainants statedly filed objections/protect application before the learned Metropolitan Magistrate, which is pending. In the meanwhile, they filed W.P.No.27716 of 2008 challenging the action of the Registrar in taking the list of Office bearers submitted by Sailesh on record. This Court admitted the writ petition on 20.01.2009 and ordered notice in the miscellaneous petition, being W.P.M.P.No.36313 of 2008 in which a direction is sought to the Registrar not to take on record any further changes and amendments to the list of Office bearers of the Educational Society. The petitioners therein filed W.P.M.P.No.36474 of 2008 to implead Smt.Arathi, W/o.late S.P.Sampathy as respondent No.3. The same was ordered on 22.12.2008. She filed a detailed counter affidavit along with various documents.

When the writ petition filed by Shivaraj and another is pending before this Court the Society amended its byelaws and submitted the amendments vide letter dated 10.03.2010. When the same were not taken on record in which event alone the amendment of byelaws would come into force, the Society filed W.P.No.6277 of 2010 seeking a writ of mandamus declaring the action of the Registrar in not accepting the amendments/alterations of records as illegal and arbitrary and for a consequential direction to do so. Shivaraj and his wife Manjula are impleaded as respondent Nos.2 and 3 and are represented by their Counsel. But, they have not filed any counter affidavit, and when the matter is heard, the Counsel is absent.

Counsel for the Society represented by Sailesh and Counsel for the two Directors who were alleged to have submitted the resignations in 2002 itself made their submissions. The attention of this Court is also invited to Andhra Pradesh Kuruma Sangam, Hyderabad v Registrar of Societies, Andhra Pradesh, Hyderabad (2003 (4) ALD 473).

There appears to be a deep-rooted animosity between two half brothers and therefore allegations are thrown at each other with which this Court is not concerned. The only issue is when