JUDGMENT: (per UDPR,J) The challenge in this Writ Appeal is to the interim order in I.A.No.1 of 2023 in Writ Petition No.12540 of 2023 dated 10.05.2023 passed by learned Single Judge, where under learned Judge stayed all further proceedings pursuant to the Special General Body Meeting held on 02/04/2023 of Andhra Cricket Association (2ndrespondent in the Writ Petition).
2. Heard Sri N.Ravi Prasad, learned Senior Counsel for the petitioner, Sri N.Bharath Babu, learned Government Pleader for Tourism and Sri K.Krishna Bushan Chowdary, learned counsel for respondents.
3. At the outset, the submission of learned senior counsel for appellant is that the writ petition itself is not maintainable since the petitioners therein have no locustandi to file the same, in view of the order dated 10.03.2023 in Writ Petition No.5867 of 2023. Learned
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Senior Counsel also raised several other arguments, one of which is that though, the main prayer in the Writ Petition was not touching upon the validity of the Special General Body meeting conducted by the 2nd respondent in the Writ Petition, however, by virtue of the interim order, all further proceedings pursuant to the Special General Body meeting held on 02.04.2023 were stayed, putting the petitioners/appellants in precarious position, as in the aforesaid meeting, the Special General Body interalia has taken a decision approving the budget proposed by the Treasurer for the period of 2023-2024. Learned Senior Counsel would submit that by virtue of the said order, the appellants association will not be in a position even to meet the regular expenditure like the salaries and other incidental expenditure of the appellants association. He thus prayed to allow the Appeal.
4. Sri Gangaiah Naidu, learned senior counsel for respondents argued that the interim order dated 10.03.2023 in W.P.No.5867 of 2023 will not in any way obstruct the writ petitioners to file the present writ petition and therefore they have locustandi to file the Writ Petition.
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5. He also took an objection with regard to the other points raised by the learned Senior Counsel for appellant.
6. After a preliminary hearing, both the learned counsel have admitted that the salaries and other incidental expenditure have to be incurred by the appellant's association and for that purpose an order may be passed and the matter may be remitted to the learned Single Judge to hear the parties and pass an appropriate order in the main Writ Petition.
7. In view of the above respective submissions and without expressing any opinion on the arguments raised by either party and keeping them open to be raised before the learned Single Judge, the matter is remanded back to learned Single Judge with a request to consider the urgency pleaded by the both learned counsel and fix an early date and after giving an opportunity to file counter by the respondents in the Writ Petition and reply/rejoinder by the writ petitioners, and hearing both parties, pass an appropriate order in the Writ petition expeditiously.
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8. Further in view of the exigencies submitted by the learned Senior Counsel for appellant with regard to the necessity of incurring the expenditure for conducting the day to day administrative affairs and monthly salaries and other cricketing activities, we deem it appropriate to permit the Secretary and Treasurer of Appellant (Andhra Cricket Association) to incur the necessary expenditure for the aforesaid activities, till disposal of the Writ Petition No.12540 of 2023 by the learned Single Judge and duly account for the audit to be conducted by the proper authorities.
9. With the above observations this Writ Appeal is disposed of. No costs.
As a sequel, miscellaneous applications pending, if any, shall stand closed.
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U. DURGA PRASAD RAO, J
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T. MALLIKARJUNA RAO, J
12.05.2023
KKV