M/s. Sri Datta Priya Chit Funds Private Limited v. Secretariat,Hyderabad
Case at a glance
- Decided
- 19 Jan 2009
- Bench
- V ESWARAIAH, VILAS V AFZULPURKAR
Provisions considered
Judgment
Cause title
Between: M/s. Sri Datta Priya Chit Funds Private Limited Rep.by its Managing Partner V.Durga Prasad, S/o. V.Gangadha Rao, Hindu, D.No.1-9-4 Adarsha Nagar, Bhimavaram, West Godavari District ..... PETITIONER
AND 1 The State of Andhra Pradesh rep.by its Secretary(Registration and Stamps) Department Secretariat, Hyderabad 2 Inspector General Manager of Stamps & Registration Cum- Director of Chits Government of Andhra Pradesh Hyderabad .....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus declaring that the respondents in attempting to enforce the provisions of the repealed ordinance viz A.P Chit Funds(admendment) ordinance 2007 A.P ordinance No.11 of 2007 after lapsing of the said ordinance is arbitrary and illegal and direct the respondents to permit the petitioner to carry on Chit Fund business in accordance with the un-amended provisions contained in the A.P Chit Fund act 1971 and grant such other relief Counsel for the Petitioner:MR.S.SYAMSUNDER RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19623 of 2008
ORDER:
(per the Hon’ble Sri Justice V. Eswaraiah) This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in attempting to enforce the provisions of the repealed ordinance viz., A.P.Chit Funds (Amendment) Ordinance, 2007, after lapsing of the said ordinance as illegal and arbitrary. Learned counsel appearing for the petitioner submits that even though the impugned ordinance has lapsed, the provisions of the said ordinance have been enforced. Learned counsel appearing for the 1st respondent submits that as the impugned ordinance has lapsed in view of the amendment made to the A.P.Chit Fund Act, 1971, the provisions of the said ordinance have not been enforced. In view of the aforesaid submission made by the learned counsel for the 1st respondent, we are of the opinion that no orders are required to be passed in this writ petition. Accordingly, the writ petition is closed. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J // TRUE COPY // ..... REGISTRAR SECTION OFFICER Dated:19-01-2009 Prv To
1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; A.P.Chit Fund Act, 1971.
Which court decided this case, and when?
Andhra Pradesh High Court, on 19 Jan 2009. The bench was V ESWARAIAH, VILAS V AFZULPURKAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.