The High Court · 2025

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issu-e any appropriate Writ, Order or Direction preferably a Writ of Mandamus, (a)declare that the allotment made by the official five men committee is final and direct the Respondentg to implement the orders as passed by this Honorable Court in l.A No. 112022 in W.P. NO. 46502 (b)direct the 3rd Respondent to hand over the possession of the Housing Unit of- MIG-07-904 in favour of the Petitioner. lA NO: 2 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 permit the petitioner to take notice to Respondent No.4 by substitute service in the above writ petition in the interest of justice, lA NO: 1 OF 2024 Petition under section 151 cPC praying that in the circumstances stated in the affidavrt filed in support of the petition, the High court rnay be pleased to stay any operation/s that might create any further 3rd party interests on the said property MIG-07 904, and consequenfly direct the 3rd Respondenl to keep the premises Locked and the key may be retained with the 3rd Respondent pending disposal of this Writ Petrtion. Counsel for the Petitioner : SRt PASALA JOJAPPA Counsel for the Respondents No.1&2 : Gp FOR COOPERATION Counsel for the Respondents No.3&4 : -- The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 16432 0F 20.24 ORDER: In this writ petition, the petitioner is challenging the inaction of the respondent No.2 in taking any action on the representations given by the petitioner dated 29.12.2023'

05.06.2024 and 15.06.2024 and, to declare that the allotment made by the ofhcial Five Men Committee in favour of the petitioner to be final and to declare the impunged registration done in favour of the one Mr.Putta Ramakrishna i.e., . respondent No.4 vide registration Doc.No. 1O1I512022' dated

07.11.2022 as illegal, bad and contrary to G.O.Ms.No.658 and also to direct the respondent No.3 to hand over the possession of the Housing Unit MIG-O7-9O4 and to register the same in favour of the petitioner and to pass such other order or orders in the interest ofjustice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner claims to be a Teacher/ Singer and a member of the respondent No.3 society with Membership No.7984. It is submitted that the Government had allotted an extent of Ac.67.16 gts., of land in Survey no'246/1 to the respondent No.3 for allotment of flats to genuine Cine Workers *dtri 2 and Technrr .ians o[ Cine Industry. Accordingly, the Five Men Committee c.onsisting of: (1) District Collector; (21 Commissioner o[ Cooperative Socicries; (3) I& pR Commissioner; (4) & (5) being .the Prominent Persons from Film Industry, were appointed as per thc G.O.Ms.No.658, dated 04.OZ.l9g4.It is submitted that Five Mt:n Cornmittcc, after verifying the details of the applicants, has allotted Unit No.g04, 7rh Block to the petitioner on 07.O3.2013. 'lhe allotment letter was given to the petitioner by the socicty on 28.OS.2013 and accordingly, the petitioner claims to have ma rle pityme n ts and that the total payment of Rs.19,25,000,/ u,as made as on 3I.12.2otg. lt is submitted that thc petitioner, thereafter, requested the rr:spondents to register the srrid fl:rt in her favour, but the respondents failed to do so irnd llrerefore the petitioner approached the District Cooperative Officer, Ranga Reddy District on 29.72.2023 for the same. It is su bmitred rhat it was only then that rhe petitioner came to knou' that the said unit was already registerred in favour of the respondeht No.4 vide Registered Doc.No. 10 llil2O22, dated 07. I I .2022 and rhe Membership number of the said person was 9l 78. lt is submitted that the said mentbership was given subsequr.nrly in spite of a direction from the DCO not to allot the units ro any netv members as per the Communication 3 Rc.No.557/2023-H, dated 17.02.2016. It is further stated that this Court in W.P.No.465O2 of 2022 in I.A.No. 1 of 2022 has also held that the allotments made by the official Five Men Committee is final and restrained the respondent No.3 from alienating or creating third party rights. Since the respondent No.2 failed to take action on the representation ofthe petiLioner, the present writ petition has been hled.

3. Learned counsel for the petitioner has drawn the attention of this Court to the allotment letter dated 28.O5.2O l3 issued in favour of the petitioner, the receipts issued in favour of the petitioner in support of her contentions that they have received a sum of Rs.19,50,000/- and that without registering the flat in her name, the Conveyance Deed was made in favour of the respondent No.4 on O7.11.2022. He therefore prayed that the respondent No.2 may be directed to take action by cancelling the registration made in favour of the respondent No.4 and to direct the respondent No.3 to register the property in favour of the petitioner and also to hand over the possession of the said flat.

4. The learned counsel for the petitioner could not serve notice on the address given on the respondent No.4 and 4 thereafter, rlith the pcrmission of this Court, the petitioner has taken oul substituted service by publishing the notice in Nava Telangana , rn 09. 12.2024 . However, none appeared for the .respondent No.4 before this Court.

5. Learned counsel for the respondent No.3 Society, has on the other hancl, relied upon the averments made in the counter affirlavit fitect by respondent No.3 and submitted that the petitiont'r has failed to make the payment of consideration within the sripulated time and further it had come to the riotice o[ the respor-rdent No.3 Socicty that the petitioner was not a genuine mcrrrber of thc Musician Union. He submitted that in view of thc above, the allotment made in favour of the writ petitioner u,as cancelled vide General Body Resolution dated

25.09.202'2 iLnd the allotment made in favour of the writ petitioner hzrs been changed in favour of the respondent No.4 and thereaftt'r, the documents has been registere<I.

6. Learned counsel for the respondent. No.3 also produced th(' copies of declaration/undertaking given by the petitioner that there is no other house or vacant site allotted to her and notrce dated '23.06.2022 issued to the petitioner and others for verification o[ their memberships ald also the copy of 5 the order of the Tribunal in I.A.No.26 of 2023 in C.T.A.No.6 of 2023, dated 21.02.2023, wherein in the cases of similarly placed persons who approached the Tribunal, a direction was given to issue notices to the allottees for produclion of proper/valid allotment letters if any to prove their case and in the absence of any such exercise, the Tribunal cannot direct the societ5z to cancel the registrations. In view of the above, he prayed for dismissal of the writ petil-ion.

7. Having regard to the rival contentions and. the material on record, this Court finds that the petitioner was given al admission No.7984 on the basis of her membership of Musicians Union. She has also been allotted a flat by the Five Men Committee and she has made a payment of Rs. 19,5O,00O/- by the end of December, 2O19. Though the respondents have taken a ground that the petitioner has not made the payment of the amount within the prescribed time in spite of their issuance of notices, no copy of any such notices has been filed before this Court along with the counter affidavit. The only ground taken by the respondents is that the petitioner is not a genuine member of the Musician Association and that the Musician Association has 6 also confirmed that she is not a genuine member and therefore, the allotment made in her favour has been cancelled and re-a-llotment was made in lavour of the respondent No.4 vide resolution in the General Body meeting held on 25.O9.2022. Therefore, there is no evidence produced before this Court that the membership of the petitioner has been cancelled nor that aly notice was issued to the petitioner that her membership was obtained by producing a fake membership from the Musician Association. All these facts need verihcation by the respondent No.2.

8. In view of the same, this Court deems it ht and proper to clirect the petitioner to make arr appropriate application before the respondent No.2, who shall then consider the sarne in accordarce with law and pass appropriate orders thereon. The petitioner strall make an application $'ithin a period of fifteen (15) days from the date of receipt of a copy of this order and thereafter, within a period of three (3) months, the respondent No.2 sha.ll pass appropriate orders after verification of the records. The respective parties are directed to co-operate with the respondent No.2 for the early adjudication ofthe issue. /-/ 7

9. Accordingly, this writ petition is disposed of. There shall be no order as to costs. 1O. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. To, //TRUE COPY// SD/-V. KAVITHA ASS T NT REGISTRAR TION OFFICER -L 3rd Ftoor, Gruha Katpa sudi"g ib-&, ii ;; j, H i;; r; b B o o rs u R a m a K r i s h n a'R a o B h a i ; ;

1. The Principar secretary, cooperative Department, state of reranqana. i, 166,6b 2. The Commissioner for Cooperation and Regiskar of Cooperative Societies 'Mi Hi,"ir, rill"#prrry, Hyderabad _ soOoot 3. One CC to SRt PASALA JOJAPPA, Advocate. IOPUCI 4 TworCCs to Gp FOR COOPERATION, High Court for the State of Telangana 5. Two CD Copies. S BSK " BS HIGH COURT DATED:2710212025 t o o .,i re 2 7 ilAh 2[25 C t ?)ati I'ATC\l cC * ORDER WP.No.16432 ot 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Cgcofl4tu