Sri'Kasturj Srinivas v. 1. The State of Telangana, Represented

petition Under Article 226 of the Constitution of lndia praying' that in the circumstanr;es stated in the. affidavit filed therewith, the High Court may be pteased to issue a Writ, order or direction more particularly in the nature of a WRIT OF MANDAMUS, declaring the inaction of the Respondent No. 2 in considering the Representations dated O7.O2.2O23 and 23.02.2023 of the Petitioner: herein seeking the implementation of the lnquiry Report under Section Sl of the Tefangana Co-Operative Societies Act, 1964 on the Telugu Cine Workers Cgoperative Housing Society, the 4th Respondent herein is arbitrary, illegal, capricious, uniust, unsustainable and is in violation of the provisions of the Telangana Co-Operative Societi€s Act, 1964 and the Bye-Laws of the 4th R.espondent / Society and apart from being violation of Principles of Natural Justice anc fair play and consequently direct the Respondent Ms. 1 to 3 herein to disqualif.y the 5th Respondent and the present Management Committee of the 4th Respopdent / Society- while directing to consider superseding the present Management Committee of the 4th Respondent / Society by appointing an Official Administrator to determine the valid members of the Society to conduct fresh elections trr the 4th Respondent / Society upon convening a General Body Meeting of 4th Respondent / Society in accordance with the bye-laws of the society and the provisions of the Telangana Co-Operative Societies Act, 1964. |.A.NO:1 OIF ?0.24 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 Official,Respondent Nos. 1 to 3 to have the General Body Meeting of the 4th respondent Soeiety proposed to be held on O4.OI8.2O24 ot on any subsequent dates videographed by taking the assistance of the 7th Riespondent to supervis,= the smooth conduct of the said meeting to place the same before this Honourable court along with a status report pending disposal of the above writ petition |.A.NO:2 OF 2024 PetitionUnderSectionl5lcPCprayingthatinthecircumstancesstatedin the affidavit filed in support of the petition, the High court may be pleased to direct the official Respondents 1 to 3 to conduct the Proposed General Body Meeting of the 4th respondent society on 04'08'2024 or a{ry other subsequent dates after due verification of the list of valid and genuine members of the 4th Respondent/Society,pendingdisposaloftheabovewritpetition. |.A.NO:3 OF 2024 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 official Respondent Nos. 1 to 3 not to allow the Sth Respondent to chair the Proposed General Body Meeting on 04'08'2124 or any other subsequent dates pending disposal of the above writ Petition and pass Counsel for the Petitioner : SRI V'V'RAMANA Counsel for the Respondent Nos'l to 3 : GP FOR COOPERATION Counsel for the Respondent No'4 : SRI M'PRATHEEK REDDY Counsel for the Respondent Nos'S & 6 : SRI M'PRATHEEK REDDY Gounsel forthe Respondent No'7 : G'P FOR HOME The Court rnade the following ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVT N AND N F F COMMON ORDER W.P.No.l5677 of 2024 In W.P.No.l5677 of 2024, the petitioner is seeking a Writ of Mandamus declaring the inaction of respondents No.2 and 3 against the Managing Committee of respondent No.4 society under Section 34 of the Telangana Cooperative Societies Act, 1964 (for short, 'the Act') in spite of the petitioner's representations dt.28.05 .2024 and 0 I .06 -2024, as iltegal, arbitrary, unconstitutional and in violation of the provisions of Section 34 of the Act and the bye-laws of respondent No.4 society and in violation of principles of natural justice and to consequently direct respondents No.l to 3 to suspend/supersede the managing committee of respondent No.4 society and to appoint an official administrator to conduct fresh elections by convening general body meeting and to scrutinise the names of the valid members in the tist of the electoral 1 \ \ W.P.Nos.l5677 &20925 of 2024 2 college of respondent No.4 society and to pass such other order or orders

2. Brief facrs leading to rhe filing of w.p.No .15677 of 2024are rhar responde,t No.4 society was established and registered under Regd.No. rBC-608 and was initiaily formed with 4213 members who are all in'rolved in film industry including movie directors, producers and artists' The Government of Andhra Pradesh allotte d Ac.67.16 guntas of land in favour of respondent No.4 society in the year 1994 and the allotment of flats and row houses was made by the committee consisting of 5 members. The petitioner claims to be one of the members of the society. It is stated that the society has later admitted 584 membr)rS ss on 3 r .o3.2022,arthough 422 members were already on waiting lisr for ailotrnenr of housing units and that this led to so many irregularitir:s in the society in the allotment of plots. It is further submitted that the Divisionar cooperative offrcer, Hyderabad (west), Ranga Reddy, vide Rc.No.557-2003-H, dt.r7.02.2016, had direcred respondent No.4 society to\ prepare a list of such members who surrendered and transferred their a[otted flats and to remove their membership from the society as per the provisions of the bye_raws and the Act and Rules and to take necessary action and place the action f l' I I W.P.Nos. I 5677 & 20925 of 2024 3 taken report in the matter within 30 days from the date of receipt of the said letter. However, respondent No.4 society failed to take necessary action. It is submitted that the petitioner and others have brought to the notice of respondents No.2 and 3 various irregularities being committed by respondents No.4 and 5, but respondents No.2 and 3 have not taken any action thereon. It is submitted that the District Cooperative Officer, Ranga Reddy District, ,ia" Rc.No.2l 2gl2ot7-H dt.l5. 12.2022, had directed respondent No.4 not to deviate from the original allotments made by the Five Men Committee and to cancel all irregular allotments made by the society and also not to register any housing units without getting clearance from the District cooperative officer, Ranga Reddy District and that the Sub-Registrar, vattinagulapally was also requested not to register the units until the clearance of the District Cooperative officer, Ranga Reddy District was given. It is submitted that some of the members of the society approached this court by filing w.P.No.46502 of 2022 and batch to issue a writ of Mandamus againsr respondent No.4 society to supersede the Managing Committee of the society and this Court was pleased to dispose of the said Writ petitions by directing respondents No.2 and 3 therein to veri$r the flats/units allotted to the petitioners therein by the Five Men committee and to ) ) W.P.Nos.l5677 & 20925 of2024 4 allow the .Managing Committee of the society to register I I flats/units demanded by them in their names within a period of four months from the date ol'the orders. It is submitted that respondents No.2 and 3 were also directed to veri$ the pending 160 flats/units and to grant permissior to the Managing Committee of respondent No.4 society to complete registration to cine workers and if respondents No.2 and 3 failed to comply with the said directions, the petitioners were granted liberty to approach this Court. tt is stated that the Court therefore did not pass any further orders on merits in W.P.No.46502 of 2022 and batch. tt is submittt:d that the petitioner and others have made representation to respondent. No.3 to take action against respondent No.4 society under Section 34 of the Act for non-compliance of the directions of this Court. It is submitted that an enquiry was conducted by Sri N.Madhava Reddy (Assistant Registrar/Field Officer, Shamshabad Circle Office of DCO, R.R. District) vide report Rc.No.2128l2017 dt.09.10.2023 on several irregularities committed by the present Managing Committee and therefore, the petitioner has sought supersession of the Managing Committer' under Section 34 of the Act. It is further submitted that a criminal case has also been registered against respondent No.5 in Crime No.443 of 2021 on the file of Raidurgam Police Station, Cyberabad for a I W.P.Nos.l5677 & 2OgZ5 of2024 5 his involvement in serious financial fraud and therefore, it calrs for serious action, i.e., suspension and supersession of the present Managing committee and the representations of the petitioner have not been considered and acted upon by respondents No.2 and 3 and therefore, W.P.NO.15677 of 2024 has been filed.

3. It is submitted that the petitioner herein along with others had filed W.P.No.7642 of 2024 on an earlier occasion which was disposed of by this Court vide order dt.25.04 .2024 directing respondent No.2 therein, i.e., the Registrar of Cooperative Societies for the State of Telangana, to examine the report dt.Og.l}.2023 submitted by the Assistant Registrar/Field Officeq Shamshabad Circle and to take appropriate decision in accordance with law after providing an opportunity of hearing to a, interested persons. It is submitted that no action was raken on the report dt.0g.l}.2)23till date.

4. When the matter, i.e., W.p.No.l5677 of 2024 came up for admission on 24.06.2024. this Court, after taking into consideration the contentions of the petitioner that some of the members of respondent No.4 society are misappropriating the funds of the society without there being any resolution of the general body and without approval or the 1 ) W.P.Nos.l56?7 & 20925 of2024 6 orders of ttre competent authority, has directed respondent No'3 not to allow the r:xisting Managing Committee of respondent No'4 society either to oF,erate the accounts or to undertake the financial transactions or to withctraw the amounts of the society. Further, on 30'07'2025 in I.A.No.3 c,f 2024, this Court after considering the request of the petitioner not to permit respondent No.5 to conduct general body meeting scheduled to be held on 04.08.2024, had permitted respondent No.4 society to proceed with the general body meeting scheduled on o4.oS.2o24underthesupervisionoftheoffrcer/representative nominated by the District cooperative oflficer, but observed that any decision taken in the said general body meeting shall not be given effect to pendinlg, further orders of this Court in this Writ Petition and respondent. No.4 society represented by its Managing Committee was permitted :o clear the pending bills/charges payabte by the society after obtaining approval from the District Cooperative Officer and to file statement of accounts before this Court on the next date of hearing' Subsequently, this rnatter was posted for hearing on merits' S.Whiletheleamedcounselforthepetitionerreiteratedthe submissio:rs made in the writ affidavit, the learned counsel for respondent No.4 society relied upon the averments made in the counter ( W.P.Nos.15677 &20925 of 2O24 7 affidavit filed by respondent No.4. Respondent No.4 denied the allegations made in the writ aflidavit and submitted that the petitioner is intentionally creating inconvenience/nuisance to the society as well as to its Managing Committee members and that the day to day operations of ' the so,:iety were stalled and the reputation of the society got damaged and the society fell into losses. It is submitted that the petitioner and l0 to 15 other members have filed 78 Writ Petitions/cases/complaints before various authorities without following the provisions and procedures given in Section 61 of the Act and without availing the alternative remedy under the Act and has directly approached this Court and therefore, this Writ Petition is not maintainable.

6. As regards the allegation that respondent No.4 society has admitted new members in excess of the allowed l0% of the total number of units available for allotment, he submitted that in MC meeting held on 19.07.2022, it was resolved to take new admissions as per the requirement and in the general body meeting held on 25.09.2022,it was resolved to take new membership as per the requirement to overcorne the financial problems and for the smooth functioning of the society. It is submitted that the existing vacancies will be cleared within a period of 6 months by giving first priority to the waitlist members in the )c ) W.P.Nos.l5677 &.20925 of 2024 8 upcoming new project and the same has already been submitted to the District Cooperative Officer vide letter dt.28.02.2024 as compliance to the notice in Rc.No.l591-H dt.20.01.2024.It is stated that the society is now having only 506 members in the waitlist with excess of 84 members only as per the resolution of the general body. It is submitted that the Fi're Men Committee had made allotment of flats/row houses to the eligibl,: members as proposed by the Managing Committee in six phases anc[ completed the allotment of 4213 flats/units and any changes or withdrawals in future shall be approved by the elected Managing Committee of the society from time to time in accordance with the registered bye-laws and the provisions of the Act. tt is submitted that on the basis of the said minutes and directions, the Managing Committee of the society'has allotted the flats/row houses to the eligible members in place of changes/withdrawals and accordingly, the 7th allotment was made by the society on 16.05.20L6 and the same was approved in the general body meeting held on 25.09.2022 and the District Cooperative Officer v/as also informed about the changes/withdrawals on

31.1,0.202i'.. It is submitted that on the complaints of some of the members, Section 5l enquiry was conducted and as per the findings under Section 51 of the Act, the society has constituted a Committee for r f I W.P.Nos.l5677 &20925 of 2024 9 taking action against the non-cine workers and removed the flats allotted to them and processed the vacant flats/row houses to the original poor cine workers. It is submitted that some of the members were found to have obtained membership through fake and fabricated documents and that in response to the notice issued by the District Cooperative Officer dt.20.01 .2024, the society issued a suitable reply on 28.02.2024. He further submitted that an appeal is pending before the Cooperative Tribunal under Section 76 of the Act against the surcharge order and in I.A.No. 142 of 2021 in CTA No. t 7 of 2021 dt. 18.08.2 022, the Tribunal has stated that it is prima facie established that there is no misappropriation or misuse of funds by the petitioner therein for personal gain to establish the case against the petitioner therein under Section zl-A/'(l)(b) of the Act and therefore, the impugned order therein was suspended pending disposal of the CTA. In view thereof, respondent No.4 prayed for dismissal of this Writ Petition.

7. The official respondents have not filed any counter affidavit.

8. The petitioner has filed a memo dt.24.00.2024 enclosing therewith the following documents: 1 'l W.P.Nos.15677 &20925 of 2024 10 (i) copy of proceedings in Rc.No.ztzS/2}t7-H dt.12.01 .zo2i, vvhereunder the Managing committee of the society was advised to (;l) strictly confine to the allotments made by the Five Men Committee by cancelling the registrations which were done deviating the original allotments within l5 days; (b) to get the mortgage deed free from rnortgage within 15 days from the date of receipt of the letter since the society had mortgaged the land without obtaining permission from the Government and the Registrar of cooperative Societies. (ii) A, copy of the proceedings dt.t4.09.zo2| of the District Cooperative Officer, Ranga Reddy District, wherein the supersession of the membership of certain members of the Committee was declared (iii) A copy of the letter dt.22.lt.2oz2, wherein the Assistant Registrar/Field officer, Rajendranagar was instructed to go through the representations and to veriff the record of the u society and submit a report in detail. I W.P.Nos.l5677 &20925 of 2024 11 (iu) A copy of the letter dt.15.L2.2022, wherein the District Cooperative Officer, Ranga Reddy directed the society not to make any re-allotments in deviation to the allotments made by the Five Men Committee and not to register any row houses and flats to the members without getting clearance from the DCO, Ranga Reddy. (v) A copy of the letter dt.28.12.2022 of the DCO, Ranga Reddy directing the Managing Committee to take necessary action for cancellation of all the irregular registrations made in violation of the Five Men Allotment Committee list and also not to distribute registration certif,icates to such of the persons to whom registrations were made in violation of the Five Men Allotment Committee approved lists in the meeting scheduled to be held on 29.12.2022.

9. The learned counsel for the petitioner, thus, submitted that respondents No.4 and 5 have repeatedly flouted the directions of respondents No.2 and 3 and they are continuing irregular and illegal acts and though this Court has been reposing confidence in respondents No.2 1 \ W.P.Nos.15677 &20925 of 2024 t2 and 3 to take action in accordance with law, they have failed to do so till date and ttrerefore, this court should intervene in this matter.

10. Learned Government pleader has filed a copy of the proceedings in Rc.No -'1711/2022-r]F.-z dt.30. ro.zo24 issued by rhe Director for cooperation and Registrar of cooperative Societies, Telangana, Hyderabad dt.30.lo.2oz4, wherein a direction was given to conduct fresh surcharge enquiry under section 60(l) of the Act pursuant to the enquiry conducted under section 5l of the Act and to report compliance. t t. Leanred counsel for respondent No.4, on the other hand, submitted that in response to the notice issued by respondent No.2 on 20.01 .2024, a detailed reply dt.2g.02.2024 has been submitted. He further subrnitted that the petitioner and others had fited w.A.No.l4g of 2023 againsrt the order in w.p.No .4rr45 of 2022dt. tr 6. rr.2}22directing respondents No.2 and 3 to consider the representation of the appeltant therein dt.l7.0r.zo2z within a period of five weeks and the Division Bench had refused to interfere with the same by observing that the matter in thr: writ petition as well as in the writ Appeal is also subject matter of c:.T.A.No.l7 of 202L rhe learned counsel for respondent No.4 has als:o filed documents including the order copies in I.As., filed / / / W.P.Nos.l5677 &20925 of 2024 l3 in CTAs pending before the Tribunal and also in various Writ Petitions to demonstrate that the petitioner has been approaching Court time and again for the very same relief.

12. Having regard to the rival contentions and the material on record, this Court finds that the main grievance in this Writ petition is that respondents No.2 and 3 have not taken any action against respondents No.4 and 5 in spite of the petitioner's representations dt.28.05.2024 and

01.06.2024 for supersession of the Managing Committee of respondent No.4 society under Section 34 of the Act. The copies of the representations dt.25 .08.2024 and 01.06.2024 are frled along with the writ affidavit and it is noticed that the request therein is to take action against respondent No.4 for the irregularities committed by the Managing Committee. This Court finds that subsequent to the representations and pursuant to the directions of this Court in I.A.No.1 of 2024 in this Writ Petition, a notice dt.01.07.2024 was issued by oi\ict Cooperative Officer, Ranga Reddy District to respondent No.5 not to operate the accounts or not to undertake the financial transactions or to withdraw the amounts of the society until further communications in this regard. Further, the Tribunal has disposed of C.T.A.Nos.ll,19, 2O and 2l of 2022 by order dt.15.07.2024 allowing the appeals and W.P.Nos.l5677 &20925 of 2024 14 remanding the matter to the Surcharge Authority for fresh disposal in accordancr: with law and in accordance with the judgment in Sanyasinaidu Vs. Deputy Registrar of Cooperative Societiesr within three months from the date of receipt of the copy of the judgment. The appellants were directed to approach the Surcharge Authority on

01.08.202t1 for enquiry. Further, C.T.A.No.l7 of 2021 was also disposed crf vide order dt.1,7.10.2024 setting aside the disqualification order dt.r,1.09.2021 under Section 2l-AA(l)(b) of rhe Act. Hor,vever, this Court is of the opinion that the decision of the Tribunal in C.T.A.No.l7 of 2021 is with regard to disqualification of, a particular member eLnd not with regard to supersession of the Managing Committee .

13. The tenure of the Managing committee is due to expire in December, 2025 and some of the decisions taken by the Managing Cornmittee in the General Body meeting were not given effect to due to I ' tleslrl ALD 45s r( W.P.Nos. I 5677 & 20925 of 2024 l5

14. In view of Section 5l enquiry, the official respondents are required to conduct surcharge proceedings under Section 60 of the Act and though there was a direction to complete the said enquiry within a period of three months from the date of receipt of a copy of the order in Rc.No.47 I I 12022-FR-2 dt.30.10.2024, rhe o ffi cial respondenrs have not reported any action taken thereon. However, the supersession of the Committee under Section 34 of the Act is independent of the outcome of the surcharge proceedings under Section 60 of the Act and it is only respondent No.2, who is authorised to take a decision therefor and therefore, respondent No.2 is directed to take a decision on the representations of the petitioner expeditiously, preferably within a period of two weeks from the date of receipt of a copy of this order.

15. with these directions, the writ Petition in w.p.No.l5677 of 2024 is disposed of. No order as to costs. W.P.No.20925 of 2024

16. In this Writ Petition, the petitioner is seeking a Writ of Mandamus,- (i) declaring the inaction of respondent No.2 in considering ) ) W.P.Nos.l5677 &20925 of 2024 t6 the petitioner's representations dt.07.02.2023 and

23.02.2023 seeking implementation of the enquiry report under Section 51 of the Telangana Cooperative Societies Act, 1964 (for short, 'the Act') against respondent No.4 society as illegal, arbitrary, unjust and in violation of the provisions of the Act and bye-laws of the society; and (ii) to direct respondents No.l to 3 to disqualiff respondent No.5 and the present Managing Committee of respondent No.4 society and to direct to consider supersession of the present Managing Committee of respondent No.4 society and to appoint an official administrator to determine the valid members of the society to conduct fresh elections to respondent No.4 society upon convening a general body meeting of respondent No.4 society in accordance with the bye-laws of the society; and (iii) to pass such other order or orders. 17 . Brie f facts leading to the filing of W.P.N o.20925 of 2024 are that an enquiry under Section 5l of the Act was conducted into the affairs of respondent No.4 society on 10 issues which include (l) inegularities in f I I t' W.P.Nos.l5677 &20925 of 2024 t7 allotment of flats and membership issues, (2) allotment of flats to the persons not belonging to any branch of Telugu cine field against the bye-laws and eligibility. The other issues considered during the enquiry are not relevant to this Writ Petition.

18. Learned counsel for the petitioner submitted that Section 50 of the Act provides for audit, while Section 51 is for enquiry by the Registrar (i) on his own motion; or (ii) on the application of a society to which the society concerned is affiliated; or (iii) on the application of not less than one-third of the members of the commiffee, or of not less than one-fifth of the total number of members of the society. [t is submitted that the first proviso to Section 51 provides that even if the society does not take any action on the enquiry report, the Registrar shall not be precluded from taking follow up action as may be required on the basis of the enquiry report and the second proviso provides that no such action shall be nullified even if the General Body of the society passes a resolution negativing the findings of the enquiry and further thar according to the third proviso, the Registrar may, for reasons to be recorded in writing, extend the period of four months for completion of enquiry for a further period not exceeding two months. [t is submitted that while Section 34 1 of the Act provides for supersession of the management committee for ) W.P.Nos. I 5677 & 20925 of 2024 18 the reasorts mentioned therein, Section 21 deals with the circumstances under which a member can be disqualified from the society and Section 2l-A is with regard to disqualification of membership of the committee and Section 2l-AA deals with cessation of the rnembership of the committee. [t is submitted that even though Section 51 enquiry revealed that there was mismanagement by the management committee of the society, n,c action was taken by the Registrar of Cooperative Societies thereon till date and therefore, this Writ Petition in W.p.No.209Z5 of 2024 has treen filed.

19. [t ii; submitted that the Government has not chosen to file any counter affidavit in this matter till date. It is submitted that on the earlier occasion, when the petitioner has frled a Writ Petition before this Court in w.P.N<r.7642 of 2024, a direction was given to take action on the enquiry report dt.09. t0.2023, but no action has been taken by the respondents till date. It is submitted that Section 51 enquiry was initiated at the request of the members of the society.

20. Learned counsel for respondent No.4 society relied upon the averments made in the counter affrdavit and submitted that there are multiple prayers in this Writ Petition and therefore, the Writ petition is r / I, W.P.Nos.l5677 &20925 of 2024 19 not maintainable. He further submitted that there is suppression of material facts in this Writ Petition and therefore, the petitioner has not come to this Court with clean hands and therefore, the Writ petition in W.P.No-20925 of 2024 is liable to be dismissed. He submitted that the petitioner has not disclosed about the writ petitions filed by the petitioner and others in w.p.No.46502 of 2022, w.p.No.gl 16 of 2023, w.P.No.l3l5O of 2023 and w.p.No.16349 of 2023 which were all decided by this Court on 25.01.2024. Further, it is submitted that there is suppression of other facts, i.e., with regard to the direction to conduct an enquiry under section 60 of the TCS Act dt.24.06.2022 and the conclusion of the enquiry officer under Section 60 of the Act holding certain members of earlier managing committee as responsible for loss of funds to the society and to recover an amount of Rs.g6 ,4g,04,9241- along with interest @ l8%o per annum from the previous and present managing committee members of the society jointly and severally. He also has drawn the attention of this court to the orders of the Cooperative Tribunal on 15.07.2024 in C.T.A.Nos.l l, 19, z0 and 2l of 2022 frled against the surcharge order dt.24.06.2022 and that the surcharge order had been set aside and the matter was remanded to the surcharge authorities for fresh disposal in accordance with law. He has 1 \ W.P.Nos. I 5677 & 20925 of 2024 20 also drawn the attention of this Court to the order d1.18.08.2022 in I.A.No.L42 of 2021 in C.T.A.No.17 of zozl, wherein, the Cooperative Tribunal has granted interim suspension of the impugned order in Rc.No.2 1 1!.8/20 l7-H, dt. | 4.09 .2021 disqualifying the petitioners therein under Section 21-AA(t)(b) of the Act. He submitted that all these facts have not been referred to or disclosed by the petitioner in this Writ Petition and therefore, it is suppression of facts. He also referred to W.P.No.46502 of 2022 which was filed by rhe petitioner on 01 .08.2024, but failed to disclose the same in this Writ Petition which was also filed on 01 .08.i',024.It is submitted that w.P.No.46502 of 2022 was filed for supersession of the managing committee, while W.P.No.8l16 of 2023 was filed for appointment of a Person-[n-charge and W.P.No.13l50 of 2023 was filed seeking supersession of the committee under Section 34 of the Act and W.P.No.16349 of 2023 was filed for implementation of the orders passed by this Court in t.A.No.l of 2022 in w.P.No.46502 of

2022. He submined that this court in the common order dt.25.01,.2024 has taken note of the differences which have arisen between the members rlnd the issues arising in the management of the society and observed that due to pendency of the proceedings before the Cooperative Tribunal and before this Court for a long period, it was f/ /'/ W.P.Nos.l5677 &,20925 of 2024 2l deemed necessary to appoint advocate commissioners and that the advocate commissioners had submitted their report and thereafter, the Writ Petitions were disposed of directing respondents No.2 and 3 to verify flats/units allotted to the petitioners in W.P.Nos.18446, 16349, 1627 4 and 8415 of 2023 by the Five Men Allotment Committee / Managing Committee and allow the Management Committee of the society to register L l flats/units demanded by them in their names within a period of four months from the date of the order. He has drawn the attention of this Court to W.P.No.L5677 of 2024 filed by another person such as the petitioner for similar retief, but none of these facts were mentioned in the writ affidavit. Therefore, according to him, there is suppression of facts by the petitioner.

21. The learned counsel for respondent No,4 submitted that though the advocate commissioners submitted their report and the above Writ Petitions were disposed of on the basis of the said report, no appeal or objections are fited against the same till date. Therefore, the same cannot be disputed at this stage. He further submiffed that there is an plternative remedy under Section 61 of the Act and the petitioner has not 1 availed the same. W.P.Nos.l5677 &20925 of 2024 22 22' In support of the contention that suppression of materiar facts would not entitle any relief to the petitioner, the learned counsel for responde;nt No.4 has placed reliance upon the following judgments. (1)K. Jayaram and others vs. Bangalore Development Authority anrt others2. (2)s. llirupathi Rao vs. M. Lingamaiah and others3. (3)Aniilbhai M. Pater and others vs. suryapur Bank Agent D.B|.H. Samiti and othersa. (4)A' [iubbaiah vs. Asst. Commissioner of Excise, Neilores.

23. Learned counsel for the petitioner, however, refuted the same and submitted that in para rg of the writ affidavit, there is reference to w'P.No.l63q9 of 2023 and its order dt.25.or.2024and therefore, there is no suppression of material facts in this case. It is submitted thaf in this case, the main prayer of the petitioner is only one and the consequential prayers can be many and he referred to paras l g and 20 0f the writ l{zozz1t2 scc 815 ".2024 SCCOnt.ine SC I 764 \2007)4 SCC 83 6 1996 0 Supreme(A p) 265 : tgg6 2 ALD 7gB I I W.P.Nos.l5677 & 2@25 of 2024 23 affrdavit in support of his case' He also referred to the submissions of respondent No.4 in paras 6, 7 and 8 of its counter affidavit to justiff the grievance of the Petitioner.

24. Having regard to the rival contentions and the material on record' this Court finds that in this case, the writ petitioner is seeking a direction to the oflicial respondents to take action on the enquiry report under Section 5l of the Act. There is reference to W'P'No'16349 of 2023 in the writ affidavit. However, this Court finds that the said Writ Petition was disposed of on 25.0 I .20 24 alongwith 9 other Writ Petitions and the petitioner herein is the petitioner in most of the other Writ Petitions as well.ThepetitionerhasnotmentionedthesaidwritPetitionsexceptfor W.P.No.16349 of 2023,wherein the petitioner has sought for a direction to implement the orders passed by this Court in I'A'No'1 of 2022 in W.P.No'46502of2022.TheleamedcounselforrespondentNo.4has placed reliance on the judgment of the Hon'ble Supreme Court in the case of t( Jayaram and others Vs' Bangalore I)evelopment Authority and others (2 supra) to submit that for exercise of jurisdiction by the High Court under A*icle226 of the Constitution of India which is extraordinary, equitable and discretionary, it is imperative that the petitioner approaching the writ court must come with clean 1\ W.P.Nos.l5677 & 20925 of 2024 24 hands arrd put forward all facts before the court without concealing or suppressing anything and if he withholds relevant materiar in order to gain advriltage over the other side, then he would be guilty of playing fraud with the court as we, as with the opposite parties which cannot be countenanced. Further, the Hon,ble Supreme coun has observed that the partie:s have to disclose the details of all legal proceedings and litigations either past or present conceming any paft of the subject_ matter of dispute which is within their knowredge and when the parties did not disclose the same, the parties have to be non_suited on the ground of suppression of material facts and that they have not come to the court v,,ith clean hands and also that they have abused the process of law and therefore, they are not entitled for the extraordinary, equitable and discret ionary relief,

25. This view was reiterated by the Hon,ble Supreme Court in the case of S. Tirupathi Rao Vs. M. Lingamaiah and others (3 supra). However, it is observed that the petitioner has brought on record the factum of filing of W.p.No.16 349 of 2023 on record and the other Writ Petition, i.e., W.p.No.46502 of 2022 was filed on the same day of this Writ Petitio., but did not disclose the filing of W.p.Nos.g l 16 and 13150 of 2023 in *ris writ petition. Therefore, this court is of the opinion that W.P.Nos.l5677 &20925 of 2024 25 the petitioner is not guilty of non-disclosure in entirety. However, this deficiency cannot come in the way of directing the respondents No.2 and 3 to take action on the report of the enquiry officer under Section 5l of the Telangana Cooperative Societies Act, 1964 expeditiously in accordance with law preferably within a period of two (2) months from the date of receipt of a copy of this order

26. The Writ Petition in W.P.No.20925 of 2024 is accordingly disposed of. No order as to costs. \ \

27. In the result,- (i) W.P.No.15677 of 2024 is disposed of with the directions to respondent No.2 to take a decision on the representation of the petitioners expeditiously, preferably within a period of two weeks from the date of receipt of a copy of this order. (ii) W.P.No.20925 of 2024 is disposed of directing the respondents No.2 and 3 to take action on the report of the enquiry officer under Section 5l of the Telangana Cooperative Societies Act, 1964 expeditiously in W.P.Nos.l5677 & 20925 of2024 26 accordance with law preferably within a period of two (2) months from the date of receipt of a copy of this (iii) There shall be no order as to costs in these Writ Petitions. 28' Pen<ling miscellaneous petitions, if any, in these writ petitions shall stand closed. //TRUE COPY// SD/. P. PON NA KRISHNA ASS TANT REGISTRAR CTION OFFICER Two CCs to GP FOR COOPERATION, High Court for the State of Telangana at Hyderabad. IOUTI Lw9 CCs to cP FOR HOME, High Court forthe State of Tetangana at Hyderabzrd. [OUT] One CC lo SRI V.V.RAMANA, Advocate tOpUCI Qne QC ro SRt M.pRATHEEK REDDY, AorocjtL (OPUC) .One CC to M/s J.C.FRANC|S, Advocatb fOpUCt '- .9n" 99 to SRIK.RAVtCH4IpIg.I'49!Ar.r, Aoriocate (opUC) .One CC to SRt M.V.B.S.NARASIMHA AruUbeeF, AaGcate IOeUC; . Two CD Oopies SK To

7. B. 9. 10 11 12 13 HIGH COURT DATED:2.811112025 COMMON ORDER WP.Nos.fl5677 AND 20925 of '2024 THE S t L) 1 1 mAfl ?nlfr * t TC DISPOSING OF BOTH THE WRIT PEflflONS WITHOUT COSTS. rb L