Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring the action of the Respondent No 3 in issuing Letter Dated 2211012025 requiring the Petitioner to take over the possession of the subject property viz., House No.1-30-570 (Old House No.30-80 Part) Admeasuring '100.00 square yards or Equivalent to 83.6 square meters Ground Floor with built up area 80.00 square feets Situated at Shiva Nagar Kanajguda, Alwal Village, Under Greater Hyderabad Municipal Corporation Alwal Circle, Malkajigiri Mandal as a condition precedent to conduct the F t blic Auction despite of issuing FORM - B and g dated 17tj9t2025, as illegal all, arbitrary and also contrary to the provisions of the Telangana Mutually ,,ided Co-operative Societies Act. 1995 and also the provisions of the Telz r c ana co-operative Societies Rules and in violation of the A(icle 14 and 300 , , of constitution of lndia and consequently direct the Respondents No 2 and 3 r :onduct the public auction of the subject property as per the provisions of the -r:langana Mutually Aided Co-operative Societies Act, 1995 and the Rules made I orein. lA NO: 1 OF 2025 Petition under Section 151 cPC praying that in the c r :umstances stated in the affidavit filed in support of the petition, the High cour rray be pleased to direct the Respondent No 2 and 3 to consider the relr e sentations dated 2711012025 and pass appropriate order in accordance wit^ the provisions of Telangana Mutually Aided co-operative Societies Act, 1995 : rd relangana co- operative Societies Rules pending disposal of the Writ petitio I Counsel for the Petitioner: SRI MALIPEDDI SRINIVAS REDDy Counsel for the Respondents No.1 to 3: Gp FOR COOPERA'- JN Counsel for the Respondent No.4: - The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI ORDER: WRJT PETITION No.34258 OF 2025 In this n rit petition, thc petitioner is challenging the letter issued by respondent No.3 dt. 15.10.2025 requiring the petitioner to take over the physical possession ol the subject property which is under attachment pursuant to the order of the Tribunal in O.P.No.O7 of 2O2O dt.15.o7.2024, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Coopera[ion appearing for respondents No.1 to 3

3. It is submitted that for execulion of the order in O.P., E.P. has been filed and the Officer has required the petitioner to [ake over the physical possession of the subjec[ property and to hand over the same to the Registrar of MACS, to enable the Sales Officer to conduct auction on or before the date given in thc said notice. Challenging the same, the wriL petition is filed.

4. Learned counsel appearing for the pctitioner-socieLy submitted that the requirement to take over the physical possession o[ the property is not provided lor under the Telangana Cooperative Societies Act and is unwarranted. He further submitted that the prescribed procedure is to issue demand notice and if the defaulter iails to make the payment symbolic possession of the property shall be taken and thereafter the property shall be put for sale. Therefore, according to him, the condition 2 .- \ -\- -- -.:1 prescribcd by the Sales Officer to takc physical possr.s s on o[ th(] propcrty before ptrtting up thc property for auction sale is unu.i t -.1nted.

5. [,czrrncd Govc'rnment Pleader lor Cooperatir r is heard, submittcd tl-rat Rrrk: 52 ol the Telangana Cooper:rt r I Socictics Ru les, 1964, ltrovidc thc ltrocr:durc for cxcctrtion ol decre cs r rd ordcrs zrnd the impugncd directior.r rs given in accordance with t['rc sar I Ilule onl-l'.

6. Ilavir-rg regetrd to the rival contentions and thc r zrterial on record, this Courl finds that Rule 52 ol thc Rules deals v lh the pr ocedurc prescribcd lcr r exccution of decrees or ordcrs and Sut i ule 3 dc:rls with thc proccdurc to procccd against a clcfaulter's imrnt r rble proltr:rty. A liLeral rczrding of the same shows that there is no rc. r iremen t ot' taking physical possession of thc property, before puttin.. it up ftrr sale . Howcvcr, the propi:rty cannot be put up for sale witho..t , having svmbolic possession ol thc propcrty. Thereforc, thc petitioner. r; F,ermitte(l to take over thc sl.mbolic possession of thc property, if th,' ),1titione r lails to make t.hc payment and thercafter, thc Sale s Ofhcer is ., t, I ibe rty to auction t['re propcrtv-

7. Accordingly, this Wrrt Petition is disposed o[. I rerc shall bc no order as to costs. Miscellaneous applicatior-rs, if any, 1-r: rding in this writ petitio' st..d closcd /ffRUE COPY// r'd/- M' NAGAMANI ASSII; IANT REGISTRAR : ;ECTIbft-OFFICER i -.partment, State of / To 1 The Principal Secretary, Co-operation and Agricultural i"irnsinii S"iretariat, Hyderabad' The District Cooperative Officer' Shamirpet Division Telangana - 500078. The Senior lnspector/Sale Officer' Office of The Distric U,pi"'i6ir;i"' M'edchal-Malkajigiri District' One CC to SRI MALIPEDDI SRINIVAS REDDY' Advoca't ' 2 3 4 \ledchal-Malkaiigiri' I ooperative Officer, loPucl ,1*-

5. Two CCs to GP for Cooperation, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies MP o HIGH COURT DAI'ED:2111112025

1.. .rr-Ki I S I ; tiu' ') o O [[t ?ntc ? t o, t.r:-.,) a ORDER WP.No 34258 ot 2025 DISPOSING OF THE V! RIT PETITION WI'I HOUT COSTS 0rf ,l-