SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(AP) 1292

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Subba Reddy Satti, J.
Amaravati Rajadhani - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 21531 of 2023
Decided On : 07-12-2023

Advocates appeared:
Unnam Sravan Kumar, Advocate, Kasa Jagan Mohan Reddy, Advocate, Vivekananda Virupaksha, Advocate

The main legal point established in the judgment is the importance of detailed pleadings and the payment of court fees based on individual entitlements, as well as the application of Rule 4A of the Andhra Pradesh Writ Proceedings Rules, 1977.

Headnote:

Maintainability - Writ Petition - Societies - Andhra Pradesh Capital Region Development Authority Act, 2014 - Andhra Pradesh Capital City Land Pooling Scheme (Formulation and Implementation) Rules, 2015 - Umesh Chand Vinod Kumar's case - Pleadings and Particulars - Court Fee - Rule 4A of the Andhra Pradesh Writ Proceedings Rules, 1977

Fact of the Case:

The writ petition was filed by two registered Societies on behalf of its members to direct the respondents to pay yearly annuity amounts and interest on delayed payments. The respondents raised objections regarding the maintainability of the writ petition, including the filing in representative capacity without disclosing the details of members and the sufficiency of the court fee paid.

Finding of the Court:

The court found that the writ petition filed by the Societies was maintainable, but emphasized the importance of filing detailed lists of members and their entitlement. The court also ruled that each member of the petitioner societies should pay court fee separately.

Issues: The main issues considered by the court were the maintainability of the writ petition filed by the Societies, sufficiency of the court fee paid, and the necessity of seeking leave under Order I Rule 8 CPC.

Ratio Decidendi: The court relied on the Umesh Chand Vinod Kumar's case to establish the maintainability of the writ petition by registered societies on behalf of their members. The court also emphasized the importance of pleadings and particulars, as well as the payment of court fees based on individual entitlements. Rule 4A of the Andhra Pradesh Writ Proceedings Rules, 1977 was used to determine the requirement for separate court fees.

Final Decision: The court held that the writ petition was maintainable, but directed the petitioners to file detailed lists of members and pay deficit court fees based on the members of the association within a specified period.

JUDGMENT

SUBBA REDDY SATTI, J. - The above writ petition is filed by two registered Societies to direct the respondents to pay the yearly annuity amounts as per the bills submitted by 5th respondent and to pay interest @24% per annum on the delayed payment of annuity and damages and other appropriate orders.

2. The writ petition was numbered and thereafter listed before the Court in the caption of Admission.

3. The 8th respondent is impleaded as a party to the writ petition as per the order in I.A.No.2 of 2023 dtd. 16/10/2023.

4. Sri Kasa Jaganmohan Reddy, learned Standing Counsel for respondents 4, 5 and 7 filed objections regarding the maintainability of the writ petition and prayed the Court, to decide the maintainability of the writ petition. Learned counsel for 8th respondent also raised objections regarding maintainability of the writ petition.

5. The objections raised regarding maintainability of writ petition are that -

(a) Writ petition is filed in representative capacity under Order I Rule 8 of CPC on behalf of members of two Societies and the list of members is not filed.

(b) Leave was not sought from the Court as required under Order I Rule 8 of CPC.

(c) G.O.Ms.No.75 Municipal Administration and Urban Development (M2) Department dtd. 14/4/2015 is an executive order issued without financial concurrence and hence, no rights can be claimed under the said G.O.

(d) A separate Court fee must be paid for each of the members in the two petitioner societies.

(e) Writ petition filed by the societies on behalf of its members without disclosing the details of members is not maintainable.

6. Heard Sri Unnam Muralidhar, learned senior counsel representing Sri Unnam Sravan Kumar, learned counsel for petitioners, Sri Kasa Jaganmohan Reddy, learned Standing Counsel for respondents 4, 5 and 7 and Sri Vivekananda Virupaksha, learned counsel for 8th respondent.

7. Learned counsel for 8th respondent placed reliance upon the following judgments -

a) Ramachander Sunda Vs. Union of India, (1999) 9 SCC 105.

b) Santosh and Ors. Vs. Registrar, AIR 2018 BOM 146.

c) Mota Singh and Ors. Vs.b State of Haryana, AIR 1981 SC 484.

d) In Re: Grain International and Ors., AIR 1981 AP 301.

e) Govindrao Atmaramji Warjurkar and Ors. Vs. The State of Maharashtra, AIR 1976 BOM 383 .

8. Per contra, learned senior counsel representing the petitioners would submit that since the cause of action is common and the interest of members of the society are common, single writ petition is maintainable. He would also submit that all the members of petitioners Societies are farmers, who gave their lands for construction of the capital. He would further submit that the prayer in the writ petition is to direct the Government agency to adhere to payment, as such technicalities need not be gone into. He would submit that, the members of the Societies are small and marginal. He also would submit that the government should act as a model or ideal litigant.

9. Learned senior counsel for petitioners placed reliance upon the following judgments:

a) Ch.Raji Reddy and others Vs. APSRTC, Secunderabad and another, 2000 (5) ALD 352.

b) Mota Singh and Ors. Vs.b State of Haryana, AIR 1981 SC 484.

c) M.Thirupathi Reddy and others Vs. Andhra Pradesh Cooperative Oilseeds Growers' Federation Ltd., Hyd. And others, 2000 (4) ALD 1.

d) Umesh Chand Vinod Kumar and others Vs. Krishi Utpadan Mandi Samiti, Bharthana and another, AIR 1984 Allahabad 46.

e) Popatrao Vyankatrao Patil Vs. State of Maharastra and others, (2020) 19 SCC 241.

f) Akhil Bharatiya Soshit Karamchari Sangh (Railway) Vs. Union of India, (1981) 1 SCC 246.

g) Chairman Tamilnadu Housing Board, Madras Vs. T.N.Ganapathy, (1990) 1 SCC 608.

h) Puran Singh and others Vs. State of Punjab, (1996) 2 SCC 204.

i) Babubhai Muljibhai Patel Vs. Nandlal Khididas Barot others, (1974) 2 SCC 706.

j) Challamane Huchha Gowda Vs. M.R.Tirumala and another, (2004) 1 SCC 453 .

10. Now the points for consideration are:

1) Whether the writ petition filed

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top