High Court · 2025

Petition under Article 226 of the Constitution of lndia paying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of Mandamus declare the impugned orders Rc. No. 515/24-C dated 07 -02-2O25 issued by the 3rd respondent though person in charge was appointed to lncharge of KTPS Co-operation society KIPS complex Paloncha Kothagudem District even then restoring the expired managing committee is illegal arbitrary and also contrary to the sec.32(7) (a) (i) (ii) of the Telangana Co-operative society act '1964 and violation Article 21 of the Constitution of lndia and setaside the same Consequently direct the respondents no. 1,3, to 5 to continue the 6th respondent - person in charge of The KTPS Palwancha and BTPS Managuru employees Co-operative Credit society limited till to completion of election of The KTPS Palwancha and BTPS Managuru employees Co-operative Credit society limited ' lA NO: 1 OF 2025 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 Stay the impugned order Rc No. 515/24-C daled 07-02-2025 rssued by the 3rd respondent pending disposal of W.P. Counsil for the Petitioner: SRl. G ALLABAKASH Counsel for the Respon dent Nos.1 to 4 & 6: GP FOR COOPERATION Counsel for the Respdndent No.5: GP FOR REVENUE The Court made the following: ORDER a "".7 THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.4967 of 2025 ORDER: In this writ petition, the petitioner is challenging the proceedings dated 07 .O2.2O25 of respondent No.3 replacing respondent No.6 - Person In-charge of KTPS Cooperative Society, with Non-Official PIC with Previous Managing Committee, as illegal and arbitrary'

2. Learned counsel for the petitioner submits that on 05.Lt.2024 respondent No.3 has initiailV, appointed respondent No.6 as Person In-charge for a period of three months and later extended the period for a further period of three months by order dated O5.O2.2O25. Thereafter, respondent No.3 by proceedings dated, 07 -O2.2025 replaced respondent No.6 - Person In-charge with Non-Official PIC with Previous Managing Committee with effect from 2 O5.O2.2O25, which is illegal and arbitrary. Therefore, the present writ petition is hled

3. Learned Government Pleader for Cooperation basing oh the written instructions submits that the term of the Person In-Charge has expired on 04.O2.2025 and the same was extended for a further period of three months by order dated O5.O2.2O25. But, on the very same day, the Government has issued G.O.Rt.No.51, dated OS.O2.2O2S replacing the Official Person In-charge with Non-Ofhcial plC with previous Managing Committee under Section 32(7 )(a)(i) of the Telangana Cooperative Societies Act, 1964 (for short, "the Act") for a period of six months with effect from

05.O2.2025. He further submits that respondent No.3 was governed by the directions of the Government and therefore, he has issued proceedings dated OT.O2.2O2S.

4. Learned counsel for the petitioner has drawn the attention of this Court to the fact that the Unofficial perSon 3 In-charge Committee, which has now been appointed, 1S the previous Managing Committee which has already completed its term of five years and therefore, the said Committee could not have been appointed as Person In-charge Committee.

5. Having regard to the rival submissions made by both the parties and after perusal of the material available on record, this Court finds that under Section 32 (7) (a) .(i) of the Act, Person In-charge or Persons In-charge can be appointed by the Government or Registrar, as tly: case may be. In this case, the Registrar has appointed Sri K. Adinara-yana, Senior Inspector, Olo.District Cooperative Officer, Bhadradri Kothagudem as Official Person In-charge on 05.11.2024 for a period of three months and thereafter it was extended for a further period of three months. However, the Government by exercising its jurisdiction under Section 32 17) (a) (i) of the Act \ \ ( ( appointed the earlier Managing Committee as Un-Ofhcial Person In-charge for a period of six months vide G.O.Rt.No.51, dated 05.O2.2025. The power of the Government under Section 32(71(a)(t) of the Act is not challenged in this writ petition

6. Since the Government has already appointed the Person In-charge and that there is no prohibition that the earlier Managing Committee, whose term has. already expired, again cannot be appointed as Person In-charge Committee, this Court does not hnd any merit in the writ petition .a

7. Accordingly, the writ petition is dismissed. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. To, //TRUE COPY// SD/-A.V.S.PRASAD ASSISTANT REGISTRAR 'J$.-,- OFFICER 1 2 J One CC to SRl.'G ALLABAKASH Advocate [OPUC] Two CCs to GP FOR COOPERATION, High Court for the State of Telangana. [OUT] Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 4 KKS GJP Two CD Copies i $ .I HIGH COURT DATED:2710212025 ORDER WP.No.4967 of 2025 ltlE S14 14: o t I 11ilAnM P o .a' .t DISMISSING THE WRIT PETITION WITHOUT COSTS fr"