The High Court · 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 Vacate the interim orders passed in W.P.No.14493 of 2023 dt.12.06.2023 lA NO: 1 OF 2025 Between:

1. The State of Telangana, Represented by its Principal Secretary, Department of Cooperation, Secretariat, Hyderabad

2. The District Cooperative Officer, Medchal-Malkajgiri District. ...PETITIONERS/RESPONDENTS AND

1. M/s. Saket Engineering Pvt. Ltd., having office at, 1-31lA, Saket, Kapra, ECIL Post, Hyderabad, Represented by Managing Director, Sri. T. Radhakrishna, S/o. (Late) Sri. T. Harinaeyana, R/o. B-25 l, Sainikpuri, Secunderabad, Telangana. ... RESPONDENTS/PETITIONERS

2. Saket Bhu Sattva Phase 1 Villa Owners Mutually Aided Cooperative Maintenance Society Ltd., Represented by its Director, Gowdavelly Village, Medchal Mandal, Medchal-Malkajgiri District, Telangana. ...RESPONDENT/RESPONDENT 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 vacate the Status quo orders in lA.No.1/2023 in WP.No.1449312023, dated: 1210612023 and dismiss the writ petition. Counsel for the Petitioner: SRI M.V.PRATAP KUMAR Counsel for the Respondent Nos.1 & 2: GP FOR COOPERATION Counsel for the Respondent No.3: SRI A.SANTHOSH KUMAR W.P.NO: 14519 OF 2023 Between:

1. A. Srinivas Reddy, S/o. A. Laxma Reddy, aged 53 years, R/o. Villa No. 114, Phase-1, Saket Bhusatva Chowdavelly Village, Medchal Mandal Medchal Malkajgiri District

2. A. Ramreddy, S/o. A. Raji Reddy, aged 56 years R/o. Villa No. 154, Phase-1, Saket Bhusatua Chowdavelly Village, Medchal Mandal Medchal Malkajgiri District

3. K.Varun Reddy, S/o. Late K. Mahender Reddy, aged 35 years Rio. Villa No. 60, Phase-4, Saket Bhusatva Chowdavelly Village, Medchal Mandal Medchal Malkajgiri District 4. Malapaty Ranjith Prakash, S/o. Malapaty Babii Jaya Sinqh. aqed 40 vears R/o. Villa No. 49, Phase-4, Saket Bhus-atua Cholvdaveily Viil5ge, Meilchal Mandal Medchal Malkajgiri District AND ...PETITIONERS

1. The State of Telangana, Rep by its Prl Secretary, Cooperative Societies Department Secretariat, Hyderabad office Meochal Malkaigiri District 2 Tlp Distrir:t Cooperative Officer, Cooperative Societies, Office at Collectors 3 Sri T. Jagan Mohan, Assistant Registrar (Retd)/ Election Officer Appointed by . the Drslricr Cooperative Officer Me-dchal Malkdjgiri District 4. Saket Bhu Sattva Phase-l Villa Owners, Mutually Aided Cooperative Maintenance Society Ltd., Gudevelle Village, Medchal Mand'al Medchal Malkajgiri District Rep by its Chief Promoter and members

5. Saket Eng,neers Private Ltd, Rep by its Managing Director Sri T. Radhakrishna Having its office ai B-251, Sainikpuri, Secunderabad ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated rn the affidavit filed therewith, the High Court may be pleased to issue ern appropriate writ or Direction or order, more particularly one in the nature of writ of Mandamus, declaring the action of the 3rd respondent in conducting the elections of the 4th respondent society by fixing the date of elections on 11.013.2023 without consent of the petitioners who are the rightful owners of the saicl villas having Phase-l and lv and also without considering the representation dated 02.06.2023 is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19,21 and 300-4 of constitution of lndia by setting a,side the Election notice dated 26.0s.2023 issued by the 3rd respondent and consequently direct the respondents 2 and 3 not to conduct any elections until completion of the construction of the entire town namely Saketh Bhu Sattva in the rntere:;t of justice. lA NO: 1 OF 2023 Petition under section 1 51 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to SUSPEND the Election Notice dated 26.05.2023 vide no. 6/2023/5BSPVOMA,INS, issued by the 3rd respondent, pending disposal of main writ petition. Counsel for the Petitioners: SRI PRAVEEN CHILLARA Counsel for the Respondent Nos.1 & 2: GP FOR COOPERATION Counsel for the Respondent No.4: SRI A.SANTHOSH KUMAR Counsel for the Respondent Nos.3 & S: - The Court made the following: COMMON ORDER TTIE HONOURABI,E SMT. JUSTICE T. MADHAVI DEVI WRI'[ PETITION Nos.14493 and 14519 of 2023 COMMON ORDER: W.P.No. 14493 of 2023 has been filed by rhe wrir petitioner/promoter of the project seeking a Writ of Mandamus declaring the action of the District Cooperative Officer, Medchal Malkajgiri District, in registering the Mutually Aided Cooperative Society under the name of " Saket Bhu Sc.th,a Plruse-l Villa Owners Munrullv Aided Cooperative Maintenonce Society Ltd. " bearing Registration No.TSMLKG/ MACCSi2023-30/FOW&M, without an application being filed by the petitioner (which is the builder and promoter ol the project) and at the instance of residents of a phase of the real estate project named "Saket Bhu Sattva" to the excluSion olthe residents ofthe other phases as being without jurisdiction, and as illegal, arbitrary and contrary to the provisions of the Telangana Mutually-Aided Cooperativc Societies Act, 1995 (for short, "TMACS Act") and the Real Estate (Regutation and Development) Act, 20 l6 (for short, "RERA Act") and the Apartments (Promotion of Construction and Ownership) Act and 2 TMD,J W.P.N()s- 1449J and I4519 of 2023 Rules 1987 e.nd consequcntly to set aside the registration and to pass such other order or ordcrs Z. S/.P,l.lo. 14519 ol-l0ll has been filed by rvrit peritioners, who are the rcsidcnts of Phascs-l and lV of Sakcth Bhu Sattva lrroject, seeking a Writ of Mandamus declaring the action of respondent No.3 in conducting the elections of respondcnt No.4 society by fixing the date of elections on 1 1.06 2023 without corlscnt of the petitioners, who are the rightful owners of the said villas in Phascs-l and IV and also without considering their represc.ntation datcd 02 06.2023 as illegal, arbitrary and against the principlcs ol natural -iusticc and consequently to set aside the Election noticc date(l 2605.2023 issucd by respondent No.3 and to direct the respondents No.2 and 3 rx)t to conduct any elcctions until cornpletion of the construr;tio, ol tlie ertire tow, namely Saketh Bhu Sattva in the interest of.justice and to ltass such other order or orders.

3. The r,,,r'il pctitioncr- rn W.tr.No.14493 <tf 2023 is the respondent No.5 in W.l',No.14519 o{-1023.

4. Brief lacrs leading ro the fiting of the present writ petitions are noted in the intcrinr order granred by this courr in w.p.No. 14493 of 2023 3 TMD,J W.P.Nos.l4493 and 14519 of2023 dated 12.06.2023. It is observed that the petitioner in W.P.No.14493 of 2023 has developed a project by the name "Saket Bhu Sattva" comprising three phases and later, the petitioner expanded the project including 4'r' phase and entered into Agreement of Sale with several Villas/Plot owners. It was specifically mentioned in the agreement that the project witl be in three (3) phases. It is also observed that some members of I Phase Vitla/Plot owners have applied for registration of society under the provisions of the TMACS Act and that the society was registered without any inlonnation to the petitioner (promoter/builder).

5. It is the contention of the petitioner/promoter that he has an obligation to register the society after all the phases are completed and all the common amenities, including services like water supply, drainage, street lighting, parks, clubhouses, etc., are to be handed over to the Villa/Plot owners thereafter. According to the petitioner, handing over of common amenities before the completion of the project will lead to a lot of confusion and it will be difficult for the petitioner to complete the project. It is stated that after respondent No.3 has registered the society with only the members of Phase-I villa owners, the Phase-I Villa owners 4 TMD I W.P.Nos 1449i and 14519 of2023 are trying to occupy the clubhouse and common aurenities, which would affect the cntire pro.ject comprising of foul phases. The petitioner has referred to Section ll (4)(e) of the RERA Act, to submit that it is the responsibility of the petitioncr /developel to lorm the society and that it does not have any objection to transfer corpus lunds as and when such a society is fbnned after completion of all the lour (lV) phases of the pro.ject 6 This Court, after observing that the question as to whether one group of Phase-I villa ou,ncrs can fom a society and get it registered without involvement of the developer, has granted an interirn order of status qlo to be maintained until lurllier orders. The said interim order is in force as on the date ol hearins of thc case

7. Tlrereafter, W P.No l4519 of 2023 has been filed challenging the action of respondent No.3 in conducting the elcctions to respondent No.4 socretv

8. The issue, therefore, is as to whether the prornoter/developer only can initiate the process o1- r'egistration of the society and that too for the 5 TMD,J W P.Nos.14491and 14519 of2023 entire project or whether Phase-l plot/vilta owners can seek registration of the society under the Telangana Mutually Aided Cooperative Society.

9. . Learned counsel ol the petitioner/promoter in W.p.No. 14493 of 2023 has advanced the lollowing arguments: a The HMDA accotded permission for development of layout vide letter dated 08.09.201 I bearing No.248/GHSLO/P|g/HMDA/201 I and thereafter the santc was revised vide le er dated t8.06.2016 with project in lnnd adneasuring Ac 22-15 Cts with 220 vilkt:t. b. For every sole, the Petitioncr initially entered into an Agreement of Sale wherein the plan and intention oJ'the project is clariJied, more' specifically the proiect being integrated and will be expanded in the fttture t,here untenities are common to all the residents of all phases. c. SubseEtently the layout permi-\sions v,ere obtained for other phases II, III and IV and .similar/uniform house unit.s are con.stnrclecl by the Petitioner themselyes to mainlain same standard in the community. Permits aref led as Annexure-! to the .l.'rit petition. d. Accordingly, approval fttr plans for tomnon infr-ustntctu.e and amenities were ohkined wherein the plan are prepared in order lo accommodate the residents of all four phase.s sulJiciently. Sl.No. Description l 2 3 4 Phrce-l incl. Ertension Phose-ll Phase-III Phase-[V Tottl Built Up Area Construction Built-Up Areas in Sq.Ft. 6. 16,065 416 lRA 1.93.304 1,38,230 13,84,188 As per rules, ertart o/ anrcnitics slrull be 3oh of total built up urca i.e., on 13,84,188 v,hich i.s 41,525 Sq..ft In reality, the amcnitics provided e.xtends to 12,367 Sq.ft. ( 6 TMD,J W.P Nos.l4493 and 14519 of202l o To trsttrp lhc und guirt c(lusive righl.\ orcr tlrc ettirc umenitie.s, ccrluitl re.\idatt.t of Phusc-l behind thc buck e I l)cvel(,p(.r/patitionct., Jbrned thc Respondcnt No.3 Socie4, utd llrc rcgislration o-f'thc .scrtrtc is t hulle nged hcrcin B. ]lenfiers ol Rcsoondent No.3 beins ah'Qre contnron usase of i n fr-a st r a ct u re u n d .1 nr e n iti es : 0 Evct1, purchoser', befttre cxecution of sale dced, has cntered into dn agreenrcnl o.f .sale wilh the Pelitioner/Det alopcr thc ternts clcarly specify thc contmo infi.a.\tructurc antl anrcnities fu the projcct is co truotl to all rcsidcnls including thc rcsidcnt.: rl. phases being devaloped in lhc e.ttpunsion. b. Copie.s o[.[ctt Agrecmettts ol Sale ltont tlrc l-eur 2012 to 2022 are ./iled with wt it petition as Annexure-3. (). Combined Amenities (extent ofAmenities): a. 'l'he bLtilt-up arca oJ antenitie.s providcd is closc to rhrce tinrcs the area which the det'eloper i.s legatly boutul to provide. Such an extcnsiye built-Ltp urea is only provided to uc.contntodatc all lhe residants of all .four phases. 'Ihc e,\uct huilt-rtp arcu i.s ntentionctl .\uPrut. b. Mentbars oJ' Respondcnt No.3 arc also attttre that the Sewerage Tredt tent Plant (STP) which treats sewerage waste generated fronr tlrcir villas are being treated at STp locatetl in phaseJV of tlte project in 201 6. c. l[entbcr.s of Respontlett No.3 are olso aw.ara thrtt thc Wutcr Sttmps incl Godavari watcr st4tply sump lor plnse-l and pha.sc IV is located in Phase-l and di.stributed through r:ottrntort nuritLs. Thi.s ttas disctrssed, costed.t'br l)00 utnnection.s incltuling phasc-IV ond poid Jbr proportiotlotcly by tlrc purchasers of phuse- L I'his fucilit.y uas dcvclopcd in the interest of'rha larget. crnmttutitlt of ull Pfurses t(ier obtarning ;tar.tiul OC of phusc- I ttntl rrus ,lot pdrt of. ori gi r t u I .s pec iJi cu t i r t rt.;. TMD,J W.P.Nos.14493 and 14519 of202l 7 d. lt is praclically not possible lbr Respondent No.3 alone to mdintain the entire project or Phase-I alone, as the antenities are built of all four phuses located in dillerent locations und maintaining tlte same by one phase members *'ill leatl to hiasness and clnos by hantpering lhe welJiu e oJ re.\idents in other phoses. e. Such phased associations fail to recogt?ize the interdependence and unity oJ the project as a u,hole, potentially leading to administrarive, legal and logistical contplications in the [LttLtre. D. Readine of Lesislations hormoniousl v.' a. Section 1l(4)(e) of the Reol Estate (Regulution und Developnrcnt) Act, 2016 enjoins lhe Promoter b.fbrm un ossocialion or sociely or cooperative society under lhe opplicablc km,s. b. Rule 7 of the AP Apartme ls (Pronntion of Construction and Ownership) Rules, 1987 provitles thut, v,lrcre o coopcrative socie0) for the Jlats or apartments is to be con.\tituted, the promoter shull submit an applic{rtion to the Registrat of Cooperative Societies within thc prcscribcd pcriorl. c. The TS MACS Act 1995 is a general legislation which has to bc read along wilh the alorementionetl legislations. d. The responsibility offorming/enabli ng to.fornt an associatiort/society under the legislation is wilh promoter lor the sole reason that the promoter is the onu person v,ho considers the u,clfare for the all the resiclcnls of tht' pntjet t. e, Considering the necessary requirenenls in TS MACS Act, even if every l0 persons ore permitterl to Jbrnt un qssociation or socielt then the whole purpose of connon housing and uni,form maintenance is defeated. f. As such, il is jltst and necessun, that thc legislutions ore to be reod logelh?r to ?rovide hnrmoniotr.s interprctut ion. g- More pertinently, spccial legislation.s and lolesl legisltttions have to be given precedence over lhc generul and older legislations in casc of ambigtity or overlapping oJ lau's. .t 8 TMD.J W.l'.Nos.l449l and 14519 oi 2023 h.'l'ha Respondant No.l and 2 fuiled to issue tntice to thc pronrcter prior to regislrutk.tn of the Rc.spondett No.3 society. i. Tlrc Re.spondant Nos. I untl 2 cun never interfere yith tlrc civil tlislttrtcs betreut tlrc' ;;tu'clrusers utd prornoter if any. ltt light of the sante, llis Hrnt'ble Court mult fue plsatgd to ulloyy the pt'(]sc t *'t'it pctiti)rt v,hile dcclttring the registration of thc Rcspntlcnt No.3 .society is illegal, at hitrary and violative oflav:s in eristence."

10. Rcspondent No.3 in W.P.No.14493 of 2023 also has filed written al'guments, which are as ultder: ,.A. LOCUS STANDI: l. 'l'hc petitionct' is a pronloter and has no direct connection to the socicly or its ntambers. Thare,fore, the petitioner has no right lo challengc the impugned proceedings- The writ petition lacks uny ct,itlence to cstabli.sh the petilioner's standing.

2. l'ha pctitioner seck u trltrit Of Mandumus lo declare the actions of thc Rc.spondents in rcgistering lhe society us invalid. I low,evcr, the pclitioner, being u contpatty, cannot be granted membarship in tlrc .\ ociclt,.

3. Thc Petitionet- ha.s ttot pleaded any violatiott of a legal right, mttch lcss tr .fundamcntal right to /ile the present Wril petition. In thc ahs<,nce of tlte sunu:, as can be seen ft-om thc pleadings ./i tctl in ;ttpport ctf tha Wtrit Petition, the sante desarves to be tlisnissed in

1. 1ha tlight to .[ot rtt tt (ooperative Sctciaty has now heen recognisctl us u .findLuncnttl right. Constitulionul prot,ision for Clo-opertrtir,,c Socialic.s includa tlrc Llulti-State Co-operative Sociatie.\ Act, 2002, vhitlt i.s udntinistcrctl b_v the Cenn-al Registrar of' Coopt,t.utirc Sociatic.s (CRCS) and respective State Cooperotive ,gttcicties Act, TMD,J W P.Nos.l449l and 14519 ol202l 9 administered by the concerned State Registrur of Cooperative Societies-

5. [n fact lhe prayer qf lhe Petitio er is to daclorc lhe "action" of the Respondent No.2 itt registering the Raspontlent No.3 sot'itty as illegal. The Proceedings of Registration are not ifltpugnctl in lhe prL:tnt Writ Petitiotl. B. MAINTAINABILITY l- The Right to /brm a cooperative &tcialy has now been recognised as a fundamental right. 2- The Cooperative Societies with objects not conJined to one Stale arc governecl by Entry 44 o.f the List I - Union l-ist of the Seventh Schedule to the Constittrtion and provisiorts of centralli administered Multi-State Co-operative Societies Act, 2002. The Cooperative Societies with ohject.t conJined to one State are governed by Entry 32 of the List II - State l,ist of the Seventh Schedule to the Constitution and provisions oJ' respactive State Cooperative Societies Acl.

3. The Multi-State Co-operative Socictics Act, 2002 is administered hy Central Regi.strar of Cooperalive Societies (CRCS) u'ho is appointed as per clause (fl oJ article 2432H of the con.rtilltlion reud y,ith suh section (l) of section 4 of the Act. The respectit'e State Cooperative Societies Act are administered by lhe concerned State Registrar of Cooperalive Societies.

4. The Constitution (Ninety-Seventh) (Amendntettr) Ac.t, 201 I

5. The above Amendmenl Act granted cctn-sliltrlittnal slan6 b the Coope rat ive Societ i e.s a n d mctde t h e ./b I I ot' i n g prct v i s i o ns, nam e ly : a) Ilight-n form cooperative societies was included tr.s a Fundanrcntal Right by insertion of the words "cooper live sociclies" in Article l9(1)(c) in Part III of the Constitution. h) Article 438 was inserted in Part IV of the Constilltlion as Directive Principle of State PolicyJbr promotion oJ'LOoparutivt: socicti,:s. 10 1'MD.J W.P.Nos I4493 and 14519 oF2023 () Pdtl l.Y ll 'Tlrc Cor4terative Societies' was inscrted with provisiotts fbr irtcot porution, regulaliott and ,,vinding up of co-operativ so(itlic.\. li. Tlr Corrstrtutiort (Ninet.y-Sevenlh) (Ancndrnent) Act, 20ll canrc ink) /irtt' r c.f 15.()2.2012. Howcver, Gujarat High Court, vitle Judgntent, dutetl )2.01.201-i declured that thc Co stitution (Ninety-Seventh ,lnt,rrclncnt) Act, 201 I inserting Prtrt IXB containing Articles 243Zfl to )132T i.s ultra vires the Constitution of htdia .t'or not taking ra(ottrse lo lrticle 368(2) of the Constitution providing Jbr rutificatiorr by thc majority of lhe State Legislatures. The Court held tlrc said ordcr, luntcver, will not affect other parts of the Constitution (Ninety-Seventh) (Amendment) Act, 201l. I{otrcvcr in, UA'ION OF INDI/1 I,/S RAJENDRA N SHATT AND ANOTHER (2022) l9 SCC 520, the Ihnt'ble Supreme Court of India, vide its ntajolity jtdtntant, datcd 20.()7.2021 held that Part IXB of the Conslittttion of Indit t.s (ry)erative only inso.far as it concerns Multi-State Co- operulit'( Sociatics.

7. Tlrcrc/bre tltc llight to .fonn a Cooperative Socicty is a fundamentaL right, it cttrt be cu'tttiled only law .--Article l9(l)(c) E. Articb l9(l)(4) parmins kt reasonable restrictions on exercise ol the suid Right.

9. Tln Ltrv Govcrning the Cooperative Societies in the State ol 7'cluttgtrrtu is thc Coopcrative Societies Act 196t and the Telangana LI uull.t, Aitled Coopcrutive Societies Aci 1995. C. RELEYANT LAIY Tlrc Lur rcletttnt .[or the purpose of the present ll/rit petilion is l'he lckrngurttt tl4utually lided Cooperative Societies Act 1995 (the T'ALACS Acl) l. lt i.s rnt tl.t, t:tt.sc of llte Petitio er lhat the pronnters of the Soc.ietv urc irt tttt.t rrtunrtcr disquulilied or that lhe Procedurc r.equired lor r?gistrdtion o/'thc Socicq, has not beenfollou,ed. 7 11 TMD.J W P Nos 14493 and 145I9 of202-3

2. Under the gttise of challenging the proceedings ol the Stunrtory Aulhority, the writ i.\ cctmoullaged in a nronner tn seek tlrc ellective dissolution of the society. Gronting the rcquestetl reliefvtxrltl resull in the dissolution of the sociaty, a/Iectiug its nantlters, interests. Elections have already taken place, and on elecrccl botlt,is in plncc. 3. 'I-he TMACS Acl provide.t varions remedies, and once the elcctatl body is in place, no relief can lie against the society. The petitionet. cannot disband the society under the guisc oJ challenging rt statutory action. No other resident oJ the pr(iect is nggrieved. 4. I'he other writ petition i.e WP t4519/2023 is enginceretl bv thc petitioner in WP 14493/2023 in as much as the petitioner No.3 antl r--o other members in the Society lormed by the plru.se II, I Phase IV are landlords in the projects (t the pctilioncr in Wp 14493/2023. WP 14519/2023 appears to have been Jilcd y,ith rhe' sole motive of stalling the eleclions to the Pha.se I Society, tthich have already concluded, rendering the petition infiuctLrotr-s. The ltrmation oJ the other soc{ery lor Phoses II, It, and tV, leayes no aggrieved party. The petitioner is unhappy v.,ith the formatbn of the Phase I residents' society but is content with the frtrmarion of the other society for Phase II, III and IV This Speaks voltntes ahoul the intentions of the Petitioner in /iling the Pre.sent Writ pctition. 5. lt is apparent thdt the Petitioner is trying to scuttle ttnd ah.solte himsel,f from the variou.g statlttory mandates oJ the RERA ,,vhich inter alia mandate the conveyance o/ the utmmon areas Io the association of the allottees Common areas also inclutle all community and commercial facilities as provided in the rcul estale proiecl. Bye Laws of Phase l-society- Page 158-195 d ll/rit Papers Bye Laws of Phase II, III & IV sociery Page t23-158 of pupers ./iled along with IA 2 of 2024 in W.p. No t4493 of )023 D. APARTMENTSACTAND RERA ACT 'l'|rc pelitioner primarily relie.s on the provision-s of tyo statute.\ to contettd that the Writ Petition is not maintainable t2 TMD,J W.P.Nos.14493 and 14519 of 2021 1-hc lcLurtgutttt Apartncnls (Promotion oJ Construction and Orncrsltip) .4ct 1987 (th( Apartment Act) Tha Rcul [...sruta (Rtgulution utnl Dcvcloptne l) Act 2016 (tlte REIU )cl) l . i\'tillrct th(, :ll)urtnctt Acl nor lhe RER 4 Act grdnts tlrc pelitio er tltt, right tu r i.\( tltc is.sucs presented in thc writ pctition. Both .slttutlc-t \1ct t' <, rtcle d lo .f avor consttmet's, makmg prontotcrs tttcotrrrlublc. Ilrlltoul u stolutory right at,ailuble to thc ?tlitiotrcr, jurisiit:tion nulLt Article 226 cannot be invoked-

2. Thc Statancttt of Objccts and Reasons clearly indicates this. -1. 7|rc pctitittrtt:r rluins the authority under tlrc TMACS Act is obliged to tonsidt,r thc prot.,isiorts of lha Aparlmcnt Act and the RLRA Act lrhcn rL,r'icrting ttrt rtpplicotion -for society registration- lloweyer, this kqttirunc l i.s ttot.supported by thc TMACS Act. 4 'l'he pctitiottcr cortttnds that the authorily u der the TMACS Act dirl nol cort.sider tht' ;l1tttt tnrcnt Act tutd the RERA Act.

5. ll'7tile tli.s prorisiorr.t ctuntinctl. u legal requirement, ttithout prejudice, Aptutntcnl Acl and the RERA Acl cdn

11. Leamcd Govemmcnt Pleader for Cooperation filed a counter affidavit on bchalf' of respondent No.2, wherein it is stated that the pro.iect is of tbur indcpendent projects with separate HMDA layouts and that there is no intcrconnectivity between these projects as per HMDA sanctions. [t is lurther stated that 1 1 members/promoters have approachcd r-espondent No.2 fbr registration of the society under TMACS Act and alter reccipt of the said application, respondent No.2 13 TVID.J W.l'.Nos.l449l and I4519 of202l has appointed a Field Officer for verification as to whether the promoters of Phase-l conducted a General Body Meeting and passed a resolution to the eflect that they are intending for registration of the society and whether the majority members of the society have given consent for the registration and whether the society has cleared all the required formalities for getting registration of the Villas on their names and whether there is occupancy cerlihcate to the villa owners. lt is stated that the Field Officer, after verifying all the required documents, informed respondent No.2 that Saket Bhu Sattva Phase-l Villa owners society can be registered under TMACS Act and accordingly, the society was registered on 18.04.2023 in the name and style as "Saket Bhu Sattva Phase-l Villa Owners Mutually Aided Cooperative Maintenance Society Ltd." It is furlher stated that insofar as Phases II, III and IV are concemed, the ptot owners thereof approached respondent No.2 for registration under TMACS Act with its area of operation being Phases II, III and IV only and the society was registered on 30.08.2023 under the name and style of "Saket Bhu Sattva Villa Owners Mutualty Aided Cooperative Maintenance Society Ltd." It is stated that all the phases 1,4 IMD.J W. P.Nos.l449l and 14519 of 2021 have different layouts and thcrefore, their amenities are separate from each other and that the antenities in Phase-I cannot be used by the owners ofother phases and that thc areas ofoperation ofphases II, III and IV are different and thereflorc, they cannot use the facilities of Phase-I. It is further stated that Phase-[ is a group housing gated community with a compound wall around its pro.fect site, whereas Phases I[, III and IV are open plot projects with indcpendent layouts for all the projects and therefore, the involvcnrerlt ol other phases in the affairs of.phase-l project is highly iltegal. lt is lufther stated that elections were conducted to the Phase-l society in the year 2023 and the consent for elections of petitioners I and 2 in W.P.No. 145 19 of 2023 is not required for conducting of elections, as the Managing Committee has resolved for conducting of elcctions. It is lurttrer stated that petitioners No.3 and 4 in W.P.No. 14519 of 2023 do not bclong to phase-I and therefore, they have no lottt.s stuttdi to Iilc thc writ pctitiorr.

12. l-eamed counsel appearing for. the respective parties have advanced their argumcnts extensively 15 TNID,J W.l).Nos.l449i and I4519 of202l

13. Having regard to the rival contentions and the material on record, this Court finds that Section 6 of the Telangana Cooperativc Societies Act, 1964 and Section 4 of the TMACS Act referred to the registration of a society under the relevant acts. The procedure prescribed under the TMACS Act is that the registration can be initiated by making an application and that the application has to be accompanied by the relevant/prescribed documents and the Registrar, on being satisfied that the application is in conformity with the requirements of the Act ahd the conditions mentioned thereunder, shall issue the certificate of registration under Section 5 of the TMACS Act. Therefore, it is necessary that the Registrar has to examine the application as to whether the application is accompanied by all the documents and whether they fulfill the conditions mentioned in Section 4 of TMACS Act. As seen from the certificate of registration dated I 8.04.2023, it does not reflect verifrcation of any of the documents and though it is stated in the counter affidavit that respondent No.2 has directed the Field Officer to submit a repoft, no such report is filed atong with the counter affidavit. Even if an application can be filed by the members of Phase-l of the project, it is the bounden duty of 16 IMD.J W.P.Nos.l449l and 14519 of2023 respondent No.2 to vcrily the docurnents, call lor objections if any, and thereafter, proceed with the registration. This procedure obviously has not been fbllorved by rcspondcnt No.2. Whether Phase-l is an independent phase and rvhcther a separate society can be formed for such a phase and the common lacilities, which are located in phase-I are exclusively lor Phase-I alone or are they fbr the use ofother phases also, is a factual issue, which has to be examined by the authority before issuing a registration cerlificatc. l'here cannot be more than one society for a project, as it would lead to disharmony and multiplicity of proceedings. Theretbre, it is necessary that the officer verifies that there is no other society for the very sarnc project and that the proper application along with the relevant documents has been filed by the appropriatc authority. lJoth under the RI]RA Act as well as the Apartments (Promotion ol Construction and Ownership) Act, 19g7, it is the prornoter ivho has to tile the application. In this case, the promoter has not filed the application. [f the prornoter does not come forward to register the socicty. the or,v.er.s of iltas/plots rnay require the promoter to do so and if the prornoter lails to do so, then the owners of the 77 TI\4D.J W l'.Nos.14493 and 14519 of 2023 villas/plots may hold a meeting and after forming a commitree, may pass a resolution and thereafter approach the Registrar for registration ol the society. In this case, no such procedure has been lollowed

14. In view thereof, the registration of respondent No.3 society dated \

18.04.2023 is set aside and respondent No.2 in W.P.No.l45 l9 o12023 is directed to call for the objections, if any, to the application filed for registration and shall consider the factual aspect as to whcther the facilities which are maintained in Phase-I are meant specifically lor Phase-l alone and thereafter proceed to issue the registration certificate in accordance with law. This Court under Article 226 of the Constitution of r ( I I India cannot decide about the nature of facitities being provided by the petitioner in W.P.No. 14493 of 2023. Both the parties have advanced extensive and detailed arguments in respect of the lacilities being provided and that it is meant for all the phases of the project. The Registrar of Cooperative Societies is therefore directed to consider all the ! relevant facts before coming to any conclusion and issuing the certificate of registration rj$ 18 TMD.J w.P Nos.l4493 and 14519 of 2023

15. W.P.No.l4493 ot'1023 is accordingly allowed and consequently W.P.No. 145 I 9 ol'2023 is also allorved.

16. Pencling rnisccllancous petitions, if any, shall also stand dismissed //TRUE COPYII SD/.MOHD. ISMAIL \EPUW REGTSTRAR 'j secrtoru oFFtcER The Principal Secretary, Department of Cooperation, State of Telangana. The District Cooperative Officer, Medchal-Malkajgiri District. One CC to SRI M.V.PRATAP KUMAR, Advocate IOPUCI One CC to SRI PRAVEEN CHILLARA, Advocate [OpUCi Two CCs to GP FOR COOPERATION, High Court for th6 State of Telangana, at Hyderabad. [OUT] One CC to SRI A.SANTHOSH KUMAR, Advocate [OPUC] Two CD Copies Secretariat, Hyderabad, To 1 2 .) J 4 E 6 7 PSK. BS HIGH COURT DATED:0910612025 COMMON ORDER WP.Nos.1 4493 AND 14519 of 2023 --- 6 JUN 2025 t or- 4 iallt-o > 2 ( ALLOWING THE WRIT PETITIONS WITHOUT COSTS \b[6le{