Registration of societies with identical names is prohibited under the Andhra Pradesh Societies Registration Act, 2001, requiring registrars to ensure compliance prior to approving new registrations.

ORDER :

1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue order or direction more particularly in the nature of writ of mandamus, declaring the action of the respondents in registering the society under Reg. No. 34 of 2022 in the district as identical to the petitioner’s society and their failure to take action on the petitioner’s representation dated 25.11.2024 regarding the illegal registration of a second society under the petitioner’s society’s name, as illegal, arbitrary, violation of principles of natural justice and violation of Articles 14,19 (1) (g), 21 and 300A of the constitution of India and violation o section-3 of the Andhra Pradesh Societies registration act, 2001 and consequently direct the respondents to take action on the petitioners representation dated 25.11.2024 and pass such other order or orders...”

2. The case of the petitioner is that the petitioner society was registered under the name and style of Sri Sathya Krupa Educational Society (REGD) vide Society Registration No. 18 of 2017, dated 12.01.2017. Since then, the petitioner society has been carrying out its activities in accordance with the bylaws of the society. While so, to the utter surprise of the petitioner, the 3rd respondent issued another registration certificate within the same jurisdiction under the same name and style, vide Society Registration No. 34 of 2022, dated 07.02.2022.

3. The learned counsel for the petitioner submits that Section 6 of the Andhra Pradesh Societies Registration Act, 2001, stipulates that the Registrar of Societies shall not register two societies with the same name and style within the same jurisdiction. In accordance with this provision, the petitioner submitted objections to the 3rd respondent. Considering the same, the 3rd respondent issued a notice dated 25.01.2025. However, till date, the 3rd respondent has not passed any order or finalized the proceedings in compliance with Section 6 (2)(a) of the Andhra Pradesh Societies Registration Act, 2001. Hence, the present writ petition.

4. On the other hand, the learned Assistant Government Pleader for Revenue, appearing for the respondents, submits that pursuant to the representation submitted by the petitioner dated 25.11.2024, the 3rd respondent also issued a notice, and the subject matter is under active consideration and enquiry. Upon completion of the enquiry, the 3rd respondent will pass an order in accordance with law.

5. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.

6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and upon perusal of the material available on record, it is observed that the petitioner society was registered with the District Registrar, Hindupuram, at Puttaparthi. The contention of the learned counsel for the petitioner is that the 3rd respondent entertained another registration under a similar name and style, vide Society Registration No. 34 of 2022 dated 07.02.2022, within the same jurisdiction, which is contrary to the provisions of Section 6 (2)(a) of the Andhra Pradesh Societies Registration Act, 2001. In this regard, on perusal of Section 6 (2)(a) of the said Act, the relevant provision is extracted below:

“No society shall be registered in a district by a name which is identical with that of another registered society in existence in the same district or so nearly resembling it so as to mislead, except where the registered society in existence is in the course of being dissolved and signifies in writing it