Disposed

P Srinivasulu Setty v. the State of Andhra Pradesh

Andhra Pradesh HC19 Jun 2024WP/9948/2024

Case brief

AI extract

What is this about?

A writ petition under Article 226 challenging the inaction of the principal revenue respondent in disposing statutory appeals under the Chit Fund Act. The court disposed of the matter by directing the respondent to expedite disposal of the appeals by issuing necessary notices.

What did the court decide?

Directing the respondent to dispose of the pending appeals filed by the petitioners as per law, as expeditiously as possible by issuing notice to the petitioners and respondents.

P Srinivasulu Setty Vs the State of Andhra… — Company and Corporate | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special OriginalJurisdiction)

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THURSDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 9948 OF 2024

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Between:

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P.Srinivasulu Setty, s/o Late Ramalingaiah Setty, Hindu, aged about 63 years, D.No. 1/1434, Business, HBS Colony, Park Road, Yemmiganur,Kurnool District.

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G. Veera Kumar, s/o G. Satyanarayana Setty, Hindu, aged about 63 years. Door No. 1/1422, Business, HBS Colony, Park Road Yemmiganur, Kurnool District.

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P. Hari Priya, D/o P. Srinivasulu Setty, Hindu, aged about 38 years. D.No. 1/1434, Business, HBS Colony, Park Road, Yemmiganur, Kurnool District.

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P. Mounika, d/o P. Srinivasulu Setty, Hindu, aged about 30 years, D.No. 1/1434, Business, HBS Colony, Park Road, Yemmiganur. Kurnool District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Reg.II) Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The Deputy Registrar of Chits, Kurnool, Kurnool^District.

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M/s Kapil Chits, Hyderabad Pvt. Ltd, 3-1-631, CVR Nagar, Karimnagar Telangana State, Repd. By its Chairman.

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\ V i

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The Managing Director, Kapil Chits (Hyd) Pvt. Ltd, Plot No.51, Main Road, QTHFace, KPHB Colony, Kukatpalli, Hyderabad, Telangana State.

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The Zonal Manager, Kapil Chits (Hyd) Pvt. Ltd, 0pp.^PunnamiGust House, VR. Colony, Kurnool.

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The Manager, Kapil Chits (Hyd) Pvt. Ltd, Adoni Bypass Road, Yemmiganur, Kurnool District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of Mandamus, declaring the^actionofthe 1 St respondent in not disposing the appeals filed by the petitioners against the orders in Dispute No.ARC/KNL/172/2017 dated 18.04.2023 passed by the 2"'* respondent under Sec.69 of Chit Funds Act, 1982 as illegal, improper, unjust, arbitrary, without propetr enquiry and consequently^{directthe3'^} respondent to pay Claim amount to the petitioners.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 1®* respondent to consider and dispose the appeals filed by the petitioner against the orders in Dispute No.ARC/KNL/172/2017 dated 18.04.2023 passed by the 2"^^ respondent pending disposal of the writ petition.

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Counsel for the Petitioner: SRI MAHADEVA KANTHRIGALA

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Counsel for the Respondent Nos.1 & 2: GP FOR REVENUE

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Counsel for the Respondent Nos.3 to 6: NONE

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.9948 OF 2024

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P.Srinivasulu Setty, S/o late Ramalingaiah Setty, Hindu, aged about 63 years, D.No.1/1434, Business, HBS Colony, Park Road, Yemmiganur, Kurnool District and three others.

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... Petitioners

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Versus

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The Government of Andhra Pradesh, represented by the Principal Secretary, Revenue (Reg.II) Department, Secretariat Buildings, Velagapudi, Amaravati and five others.

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... Respondents

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Counsel for the petitioners : Sri Mahadeva Kanthrigala

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Counsel for respondents : GP for Stamps & Registration

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ORDER

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for respondents 1 and 2. Notice, in respect of the respondents^3to6is dispensed with since no adverse order is passed affecting their rights and interests. /

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Page 2 of 4

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SRS, J WP No.9948/2024

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The petitioners’ grievance is that the statutory appeals filed by the petitioners on 12.07.2023, under Section 70 of the Chit Fund Act, 1982 on the file of the 1®‘ respondent neither numbered nor disposed

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of.

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Learned counsel for the petitioners would submit that the petitioners filed three statutory appeals against the orders of the Deputy Registrar of Chits/Arbitrator at Kurnool in Dispute No.ARC/KNL/172/2017 dated 18.04.2023. However, they are not

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disposed of.

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Learned Assistant Government Pleader for Revenue on instructions, would submit that the appeals filed by the petitioners are pending before the 1®* respondent.

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As per Section 70 of the Chit Fund Act, 1982, an appeal^would lie against the order of the Deputy Registrar of Chits/Arbitrato r to the 1®* respondent.

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As seen from the seal affixed to the appeals coupled^withthe submission of learned Assistant Government Pleader for Revenue, this Court deems it appropriate to dispose of the Writ Petition at the ’v admission stage with the consent of both the counsels, directing the

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Page 3 of 4

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SRSJ WP No.9948/2024

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respondent to dispose of the appeals filed by the petitioners as per law, as expeditiously as possible by issuing notice to the

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petitioners as well as the respondents. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand closed.

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//TRUE COPY//

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Sd/- K. TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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To,

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The Principal Secretary, Revenue (Reg.II) Department,^{StateofAndhra} Pradesh, Secretariat Buildings, Velagapudi, Amaravathi.

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The Deputy Registrar of Chits, Kurnool, Kurnool^District.

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One CC to Sri Mahadeva Kanthrigala, Advocate [OPUC]

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Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]

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Two CCs to GP for Stamps & Registration, High Court^ofAndhra Pradesh [OUT]

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Three C.D Copies.

MBT

HIGH COURT

DATED:20/06/2024

ORDER

WP.No.9948 of 2024

i 2 3 JUL 202«
3r

DISPOSING THE W.P WITHOUT COSTS

P Srinivasulu Setty v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

P Srinivasulu Setty v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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