High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction or a writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 1 S 2 in issuance of the ltilemo vide No.3731/Coop.lll1l2O23, dated 09-01-2025 by Respondent No.1 by appointing a new 5 Men Committee without following due process envisaged ,/ under G.O.M.S.No,658 of dated O4-O7-1994 and proceedings issued by the 2nd respondent vide R.C.No.4052l2024lHR-2, dated 04-02-2021; by violating the orders of this Hon'ble Court in W.P.No.7642 ol 2024 and also violating the Telangana Cooperative Societies Act and without following the specific directions of the Hon'ble High Court to examine the report of Sri. N.lr/adlrava Reddy ( Asst. Registrar/ Filed Officer, Shamshabad Circle Office of DCO, R R. District) Report vide RC.No.212812017 dated 09-10-2023 on the several irregularities committed by the present Managing Committee is as illegal, arbitrarl, and violation of Principles of Natural and clear violation of Section 34 of the Telangana Cooperative Societies Act and also violation of Articles '14, 19 and 2'l of the Constitution of lndia and further it is prayed that this Hon'ble CoLrrt may be pleased to suspend the Memo No No.3731/Coop.lll'l12023, dated 09-01-2025 issued by the Respondent No.1 and proceedings vide R.C.No.40 52l2024lllR-2, dated 04-02- 2025 issued by the Respondent No.2 , pending disposal of the writ petition. lA NO: 1 OF 2025 Petition under section '1 51 cPC praying that in lhe circunrstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Memo No. No.3731/Coop.lll112023, dated 09-01-2()2S issued by the Respondent No.1 and proceedings vide R.C. No.4052l2O24lHt?-2, dated 04-02_ 2025 issued by the 2nd Respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI Y.SRtN|VASA MURTHY, SENIOR COUNSEL FOR Counsel for the Respondent Nos.1 TO 3: GP FOR COOPERATTON Counsel for the Respondent No.4: SRI M.PRATEEK REDDY Counsel for the Respondent No.S: - The Court made the following: ORDER M/s. UMA DEV| NAMA THE HONOURABLE SMTJUSTICE T.MADHAVI DEVI WRIT PETITTON NO.9335 OF 2025 ORDER: This Writ Petition is filed challenging the proceedings dated

04.02.2025 in directing the five men committee constituted vide memo dated 09.01.2025 to look into the report of the Assistant Registrar/Field Officer, Shamshabad Circle, office of the DCO, Ranga Reddy District, dated 09.10.2023 with respect to the irregularities committed by the Managing Committee of the 4th respondent society as illegal and arbitrary.

2. Brief facts leading to the filing of the present Writ Petition are that certain members of the society have made several representations to the Assistant Registrar in respect of irregularities committed by the 4th respondent society and after considering such representations and making inquiries, a report dated 09.10.2023 was submitted by the Assistant Registrar/Field, Shamshabad Circle. Thereafter, some of the petitioners have f,rled W.P.No.7642 oFTZOZ+ seeking action pursuant to the report dated Og.lO.2O23 under Section 34 of the Telangana Cooperative Societies Act, 1964 2 (for short, 'the Act'). This Court, vide order dated2i.04.2024, had directed respondent No.2 therein to examine the report dated

09.10.2023 and to take appropriate decision thereon in accordance with law. 'l'hereafter, the irnpugned memo dated 04.02.2025 has been issued by respondent No.2, observing that certain issues have been highlighted in the report dated 09.10.2023 and action thereon would be takcn by the five men committee constituted vide memo dated 09.01.2025. Chal)enging the same, the presen'- Writ Petition has been filed

3. Sri Y. Srinivasa Murthy, leamed Sertior Counsel representing learned counsel for the petitioners, lLas drawn the attentlon of this Court to the directions of this Court in W.P.No.7642 ol 2024 and also the reporl dated 09.1Ct.2023 to point out the irregularities observed by the concemetl officer. He submitted that these issues can only be considered by the authorities and the power to look into these issues cannot be delegated to the five men cornmittee. 3

4. Heard learned Govemment Pleader for Cooperation, appearing for respondents No. I to 3 and Sri M. Prateek Reddy, leamed counsel appearing for respondent No.4-society.

5. Having regard to the rival contentions and the material on record, this Court finds that vide Memo dated 04.02.2025, the following issues highlighted in the report dated 09.10.2023 have been referred to: l Admission of excess members in violation of Section 4(2) directions of the Registrar

2. Illegal registrations of flat row houses against G.O.Ms.No.658 dated 04.07 . 199 4

3. Mortgaging of the society lands

4. Illegal construction of extra row houses.

6. This Court finds that the five men committee has been constituted by the Govemment only to look into the illegal allotment of flats/row houses to the members of the society. The five men committee cannot go into any other issue. The report dated 09.10.2023 calls for action under provisions of the Act, i.e., either under Sections 34, 51 or 52 ol the Act and the functions { I 4 thereunder can only be exercised by the authoriti':s prescribed under the Act and not by the five men committee. 'l'herefore, the impugned memo dated 04.02'2025 observing that the five men committee will be looking into report dated 09.10'20113 is set aside and the Registrar is at liberty to issue a fresh proceec ings pursuant to the report dated 09.10.2023 and take action in acr:ordance with law under any of the provisions of the Act and the action sha[1 be taken within the prescribed time under the Act.

7. With the above directions, this Writ Petition is disposed of' There shall be no order as to costs. 8 Miscellaneous petitions, if any, pending in thi:; writ petition. shalI stand closed. //rRUE coPY/' . SD/- A. SREENIVASA REDDY ASSISTANT REGISTRAR ,;ecflohorrlcen To'- 1. principal secretary Department of cooperation, secretariat Buildings, Hyderabad, State of Telangana. Hyderabad -District SZ,ZnJFioor, lDbC, Kongara Kalan, Ranga Reddy^District' cooperative officer/ Deputy Registrar, Ranga Reddy District, z. n6g[tiiioi cooperriirJs"o;ieiies, Nate of Telangana Grr"rhakalpa Buildings. g ffie " 4. o;;Cb to tr,t7s. utrlA DEVI NANIA, Advocate [OPUC] 6. iW; ccr io cp ron coopennrloN, ulgh Court for the State of Telangana' o one'Cc io Sat ir/l.pnnrEEK REDDY, Advocate [oPUC] 7. Tyvo CD CoPies at Hvderabad. IOUTI PSK. KV PrnC". HIGH COURT DATED:0810412025 ORDER WP.No.9335 of 2025 I o ? HT E -s t4 o o o,+ 2 uJ0 2W \3.r.o,, \. // ,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS />,- L\98|(( *tls\-s