HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23314 of 2014 DATE: 13.08.2014 Between:
Federation of Andhra Pradesh Small and Medium Industries Associations Office at No.10, Industrial Estate, Kurnool Road, Ongole, Prakasam District, Rep.by its President, K.Subba Rao, s/o. Chenchaiah, Aged about 59 years, Occu; Business, residing at Ongole, Prakasam District.
.. Petitioner AND The Union of India, rep.by its Development Commissioner, Ministry of Micro, Small and Medium Enterprises, Government of India, 7th Floor, Nirman Bhavan, Moulana Azad Road, New Delhi and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23314 of 2014 ORDER:
Federation of Andhra Pradesh Small and Medium Industries Association was formed with an object of perusing issues of common concern by the promoters of Small and Medium Industries of undivided State of Andhra Pradesh. After bifurcation of the State of Andhra Pradesh and formation of State of Telangana, association decided to form two separate associations for respective states. The resolution to that extent was passed. One of the issues discussed in the resolution passed was sharing of funds which are lying in the account of the Association. However, so far separate associations are not formed. In the mean time, separate association was formed in the name of Federation of Andhra Pradesh Small and Medium Industries Association (petitioner herein) and same was also registered. This writ petition is instituted by the said association contending that even though decisions were taken by the 5th respondent-association, no concrete steps are taken insofar for formation of separate association for the residuary State of Andhra Pradesh. On the contrary, the Executive Body of the Association is utilizing the funds for the purpose of members in the State of Telangana, which originally belong to association of combined State of Andhra Pradesh and even though originally an amount of Rs.8,00,000/- was allotted to the society to be formed for residuary State of Andhra Pradesh, even this money is not given to them.
2. Learned senior counsel Sri Ganta Rama Rao for petitioner made extensive submissions on the issues concerning the 5th respondent-association and allocation of funds to the Association to be formed for the State of Andhra Pradesh and how the funds are being misused only for the Association in State of Telangana.
3. However, the issue that arises for consideration before examining the contentions on merits is, petitioner is also an association and is not part of the 5th respondent-association. Incidentally the members of the petitioner association are also the members of the 5th respondent-association. Merely because the members of the 5th respondent-association are also the members of the petitioner-association, it gives them no cause to contest the affairs of 5th respondent-association. Both are two independent associations governed by separate set of bye-laws. A person can be member of more than one association even in the same area of business or profession. Thus, petitioner-association has no manner of right or interest in agitating against the affairs of 5th respondent-association. Petitioner cannot answer the description of person aggrieved to agitate on the affairs of 5th respondent association. Hence, this writ petition is not maintainable and is accordingly, dismissed. However, dismissal of this writ petition does not bar an aggrieved person to agitate on the issues raised in this writ petition.
4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any pending in the writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 13.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23314 of 2014 Date: 13.08.2014 kkm