Jyothi Prasad Koparaiu v. The State Telangana

7. K. Nagendra Prasad, S/o. Sri K. Rama Rao. Aged about 66 yg?q. O9c. . _ - Business. Rl/o. Plot No.15A. Site-ll. Road No.13. Film Nagar. Hyderabad, T.S. .....RESPONDENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly, one in the nature of VVrit of Mandamus, declaring the action of the Respondents. more particularly. Respondent No.2 herein in not taking an appropriate action against the Respondelt No.7 herein in furtherance of the detailed specific report submitted bytl"e Respondent No.4 herein ride Re. No. 1427 l2O2S /Jubilee-Hsg dated 10.10.2025 and in not taking an appropriate action in accordance with law on the representations dated 28.06.2025.24.O7.2025 and 19.09.2025 filed by the Petitioners and in not taking an appropriate action against the Respondent No.7 herein in spite cf having knowledge of the fact that the Respondent No.7 herein had incurred disqualification, as illegal, arbitrary. untenable, unlawful, unconstitutional and in contravention of the bye-laws. rules and regulations of the Respondent No.5 society and in contravention of the provisions under the Telangana Co-Operative Societies Act, 1964 and its applicable rules and in violation of prinr:iples of natural justice and Consequently direct the Respondents. more particularly. Respondent No.2 herein to take an appropriate action in furtherance of lhe detailed specific report submitted by the Respondent No.4 herein ride Re. No. 1427 12025 / Jubilee-Hsg dated'10.10.2025 in accordance with law- in the interests of justice. !.A.NO:1 OF 202!.6 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit file,l in support of the petition, the High Court may be pleased to direct the Re:;pondents, more particularly, Respondent No.2 herein to immediately sur;pend the Respondent No.7 herein from being a member of Respondent No.5 society, pending action of Respondent No. 2 herein in furtherance of the detailed specific report submitted by the Respondent No.4 herein tide Rc. \o. 1427 12025 / Jubilee-Hsg dated 10.10.2025 in accordance with law and pr:nding consideration of the representations dated 2g.06.2025, 24.07.2025 and 19.o9.2o25 by the Respondent No.2 herein. pending disposal of the main writ petition. I.A.NO:2 OF 2026 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 Respondents, more particularly, Respondent No.2 herein to forthwith reconsider the representations dated 28.06.2025, 24.O7.2025 and 19.09-2025 filed by the Petitioners in accordance with law, pending disposal of the main writ petition. Counsel for the Petitioners : SRI Y.SAI SANKALP counsel for the Respondent Nos.1 to 4 : AGP FOR COOPERATION counsel for the Respondent Nos.5 & 6 : SRI PRATHEEK REDDY Counsel for the ResPondent No.7 : " The Court made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE MRS. JUSTICE SUREPALLI NANDA WRIT PETITION No.824 OF 2O26 DATED : 27.O1.2O26 Between: Jyothi Pra:;ad Kosaraju, S/o. Sreeramuiu Kosaraju, Aged about 66 years, Occ: Business, R/o.854-D, Road No.44, Near Peddamnra Temple, Jubilee Hil s, Shaikpet, Hyderabacl-500 033 and orhers. . Petitioners AND The State of Telangana Rep by its Principal Secretary, Co-operation Depa rtment, Secretarial., Hycierabad ancj others. ORDER: ... Respondents Hear'd sri Y.sai sankalp, learned counsel appearing on behalf of tire petitioners, learned Assistant Government Pleader for c,roperation, appearing on behalf of respondent Nos.l to 4 and learned counsel appearing on behalf of iresponcient Nos.5 to 7. 2 SN. I 2 as under: "...to issue an appropriate Writ, Order or Direction, more particularly, one in the nature of writ of Mandarnus, declaring the action of the Respondents, more particulai-ly, Respondent No.2 herein in not taking an appropriate action againsL ihc Respondent No.7 herein in furtherance of the detailed specific report submitted by the Respondent No.4 herein vide Rc.No.1427l2ozslJubilee-t-1sg dated 10.10.2025 and in not taking an appropriate action in accordance with law on the representations dated 2-8.06.2o2s, 24.O7.2O25 and 19.09.2025 filed by the pctitioncr-s and in not taking an appropriate action against the RespondcnL No.7 herein in spite of having knowledge of the fact that the llespondent No.7 herein had incurred disqualification, as ilregal, arbitrary, untenable, unlawful, unconstitutional and in contravention of the bye-laws, rules and regulations of the RespondcnI I\o.5 society and in contravention of the provisions under thc Tclanqana co-operative Societies Act, 1964 and its applicable rules and rn violation ol' principles of natural justice and Conscquently direct the Respondents, more particularly, [iesporidcirt No.2 hci-ein to tal<e an appropriate action in furtherance of the detailed specific report submitted by the Respondent No.4 herein vide Rc.No.U27l2O?-S/ Jubilee-Hsg dated 10.10.2025 in accordance with law, in the interests of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances o[ the case.... "

3. The case of the petitioners, in brief, as oer the averments made in the affidavit filed by the petitioners in suonort of Dresent Writ Petition is as under:- I SN. J lt is sprecific case of the petitioners that the petitioners are members r:f Respondent No.5 Society, formed under the Telangana {-o-Operatirie Societies Act, 1964 for the allotment of house plol.s to its members. Respondent No.7, holding Membershi6r No.9B3, was allotted Plot No.535-III and sold it to Smt. S. Aruna through a registered sale deed dated 22.02.2020. Under Section 21(1)(f) of the Telangana Cooperative Societies Act, 1964 (TCS Act, 1964), a member who sells the allotted plot bcccmcs i)isquaiificd. Dcspite the sale, Respondent No.7 allegecily continued as a member and remained associated with ihe managirg committee. An enquiry under Section 51of the TCS Act, 1964c:nfii-med the disqualification and recommended his iemovai. It is further the case of the petitioners that acting on complaints, Respondent No.4, i.e., the Assistant Registrar, suDnrir-icc .i c(ild rlilai r-c1;ori dated 10. 10 .2025 recommending cessation oi Respondent lilo.7's membership. Despite the petitioners' representations dated 28.06.2025, 24.07.2025, and

19.09.2025 seeking action under Rule 20 of the TCS Rules, t964 for- Oisqijaii'i.arion, [i'rc ar-.:tnttrities allegedly failed to take action. Hence, the petitioners fiied the present Writ Petition seeking a 4 SN, I direction to disqualify Respondent No.7 and to act on the enquiry report

4. fne proceeainos lUo 1o.1o.2o25 of the Assistant Reoistrar, Musheerabad(r ^]. Hvderabad, addressed to the Deputlr Reqistrar of coooerative societies, Golconda Division, Hvderabad, is extracted hereunder:- "In compliance witlr the instruc:lions rssticd ir-r thc lst cited reference memo, the undersigned is insli'ucted to visit the society and submit a detailed report on the contents of the representations received, as per cited reference. In view of the above, I visited lubilee Hil{s cooperative House Building SocietrT l.td., l-lyderabad, Reg.No.TA-L73, at the quoted address: tload No. t / A, Jubitec tiills, Hyderabad-500171, and veritied the followrng r-ccorcis: illeoal membership of K. Naqendra prasad. It is alleged that Sri K. Naqendra prasad, Ms.No.986, sold his plot No..535/lII on 22-02-2020, resuiting in the ioss oi his membership. However, he contested the Managing Cornmittee elections on 27-03-2.021 under falsr: orelensr:s and srlr:Li.ccl l,is election. It is submitted that this allegation has already been investigated, and a detailed Inquiry Report has been submitted under Section 51 ol' the TCS Act, 7964, to Lhe CC & RCS, Telangana. The Inquiry was conducted bry Smt. S. Aruna Dcvi Ganesh, Special Cadre Deputy Reqistrar. As foilor,vs: The allegation of removal of Sri K. Nagender Prasad, the Managing Committee member with member:;hip No.9B6 and plot No:555/il1 as sold out his plot and as per 2-1(t) and Telangana Cooperative Societies Act, 1964, he will lose thc ntembership but \ SN..I the purchaser will qet immediately the membership they might own thc plot', but rttt'rtbt:rsi'tip g,rl! be given Immediately, it should be approved by, tht: t\lanaqtnq Committae. After perusing the sale deed axacutcd irt fct',,oi.t, oi'sit-ii Attind, iL has beert observed that as sale decd Doc Ncs.l292t/2020 dated 22.02.2020. Smt Aruna has paid Jubilee tlills Cooparat'iva llouse Building Society Ltd., for an amount ol' R:.5,00,000r towarcJs sale permission fees and also Rs.lo,)a,c00' ort o5 r2 2()20 towdrds transfer of menrbership fecs. I h(:r a[<sr<':, Ddsad oit Lne cvrdence tike sate deed document and re:eipts of payments made to the society it has been observed that sri Nagerrder Prasad, has scsld his plot, and no valid defense lrom t is stot ivas qtL/cn l:y hintsalf nor the replies of the entire prcsenl 14anagrng Contnitttt,a rs not satisfactOry. Hence, tI ts Ltndt,rstood that as per 2j (3) (f), Sri K.Nage nder Pras;td has iost his membership and that eligible to conLest the aier.ttoi,t hetd on ) l-03-2021 to Managing Committee, as he has alrcady, sitid lrrs piol i.e on 22-02-2020. Therefore, he is ttaitgiDta t() coiitiit,ir-,,1s i,')(r ntcmbcr and he also cease to be the M a nag t rtg Ccr;t,,r'1,1 I.,c nt Lt n t ba r'. Ihcri-.fore, i rcquest Lhe authority to take the necessary action as per tlrt: LJls 5i tnquiry Report and direct the society to cease the nrcmbcrshrp of r.he individual, as he is ineligible to ccrrtinr:c r-lS ar nri'i-:'r br-'i Jir<.: will also cease to be a Managing Commi.[cc I'.'lcntl]t:r . "

5. The I arned counsel appearin behalf of the oetitio ers mainlv D t forth the fol lowinq submi ions:- a) The respondent No. / herein has been disqualified, and therefore, irppropriatc action has to be initiated against him, in view of his rneiigibility to continue as a member. (; \\. I b) Inspite of several representations, dated 28.06.2025,

24.07.2025 and 19.09.2025 addressed by the petitioners to the respondents herein, seeking initiation of appropriate action against respondent No.7 herein, no action has been initiated as on date. c) In response to the representatrons made by the petitioners, a detailed inquiry report had also been submitted by respondent No.4 herein vide R.C. No. 142-7 12025llubilee-Hsg dated 10.10.2025 to respondent No.3 herein. Inspite of the said clear and specific report dated 10.10.2025, which recommended disqualification of the membership of respondent No.7 under Section 51 of the TCS Act, 1964 and for initiation of necessary action, the said report had been iqnoi-cd as on date and no action had been initiated d). Hence, appropriate orders mav be passed, duly taking into consideration the report dated 10.10 .?-025 of the respondent, No.4 addressed to respondent No.3 herein in accordance with law, within a reasonable period in the interest of justice

6. Learned Assistant Government Pleader appearing on behalf of respondent Nos.1 to 4 contends that, in view of the fact as borne on record that the report dated -7 SN. J

10.10.2025 has been forwarded by the Assistant Registrar, Musheerabad (I/C), Hyderabad to respondent No.3 herein, respondent Nos,2 and 3 being the competent authorities are bound to act on the said report dated 10.10.2025 of respondent No.4 herein and hence appropriate orders may be passed. 7, TA NGI TO TI a) The aforesaid facts and circumstances of the SID case. b) The submissions made by the learned counset appearing on behalf of the petitioners and learned Assistant: Government pleader appearing on behalf of respondernt Nos.1 to 4. c) The contents of report vicle Rc.No.1427l2025,/Jubilee-Hsg dated 1O.1O.2025 addressed to respondent No.3 (referred to and extracted above). d) For initiation of necessary action as per Section 51 of TCS Act, 1964. T w tP ita re DOn ent Nos.2 and 3h retn to takea DTOD rrate acti n, d sN. .l There shall be no order as to costs. Miscellaneous petitions, if dfiy, pending in this Writ Petition, shall stand closed. //TRUE COPYII .OSMAN ALI BAIG REGISTRAR SECTION OFFTCER To

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8. 9. 10. SA PMK +t) C.C. TODAY tjr I si{i t 3 1o IitAR 2o26 z * !l .- HIGH COIJRT DATED:2'l10112026 ORDER WP.No.824 ot 2026 DISPOSING OF THE W.P WITHOUT COSTS. t,- i \ / ..\'\ \ !-2,'i _.4 \ -.. \. \.\ \ \ / ,- \l ,L -/'