High Court · 2025

Judgment

1. 2_ J.

4. E

7. State of Telangana, Agriculture and Co-Operation Department, Dr. BR Ambedkar Secretariat Buildings, Hyderabad Rep.by its Principal Secretary The Registrar of Cooperative Societies-cum- The Commissioner of Cooperative Societies, Telangana State, Hyderabad The Deputy Registrar of Cooperative Societies-cum The District Cooperative Officer, Medchal Malkajgiri District. The Telangana Cooperative Tribunal, 7th Floor, Chandra Vihar, Nampally Hyderabad - 500 001, Rep. by its Secretary. S. Vijay Kumar Reddy, S/o: S. Satyanarayana Reddy, Former President, ECIL Employees'Coop. House Building Society Ltd & Hon. President, EC Nagar Senior Citizen's Welfare Association Age. 73 Years, Occupation. Retired Employee, H. No. 1-7-'191lA, Kamala Nagar, ECIL Post, Hyderabad - 500 062 S. Sammaiah, S/o: S. Rangaiah, Age. 74 Years, Occupation. Retired Employee, H. No. 2-10-160, EC Nagar, Cherlapally, HCL Post, Hyderabad - 500 051 S. Sathi Reddy, S/o: S. Papi Reddy, President, EC Nagar Senior Citizens Welfare Association Age. about 75 years, Ri/o. H.No.2-'10-547, E.C. Nagar Cherlapally, HCL Post, Hyderabab - 500051 ...RESPONDENTS f' L

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 plea$ed to rssue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of l\,4andamus. i.to declare granting stay on the further proceedings of the surcharge orders by the Cooperative Tribunal at Hyderabad in LA. No. 254 of 2024 in C.T.A. No. 27 of 2024 till the Respondent No. 2 therein files counter and heard and decided on merits as illegal, arbitrary, unjust, apart from being violative of principles of natural justice and against the mandatory provisions of Sec.76 of the Telangana Cooperative Societies Act, 1964 and the Rules framed thereunder and consequently to set aside the docket order d1.21-11-2024 in l.A. No 254 o'f 2024 in C T A No. 27 of 2024 on the file of the Cooperative Tribunal at Hyderabad and ii.to declare Respondent Nos.5 and 6 as ineligible for being chosen as or for being a member of the Managing Committee through election or co-option for two terms as they were indicted under Section 21- AA(1)(b) of Telangana Cooperative Socreties Act, 1964 by the inquiry officer and the same was ratified by the Respondent No.3 and also by the General Body meeting of the Petitioner Housing Society and iii.to declare alienatron of land and funds of the Petitioner Housing Society to the EC Nagar Senior Crtizen's Welfare Association by Respondent Nos 5 and 6 as illegal, arbitrary and unjust and consequently to order Respondent Nos 1,2 and 3 to take cognizance of the illegal alienation of the land and funds of the Petitioner Housing Society to the EC Nagar Senior Citizen's Association and to take appropriate action for restoration of the land and the funds to the Petitioner Housing Society and iv.to declare construction of lr/ulti-purpose building by the EC Nagar Senior Citizen's Welfare Association represented by the Respondent Nos. 5 and 7 utilising the land and funds of the Petitioner Housing Society as illegal, arbitrary, unjust and consequently order the Respondent Nos. 1 to 3 to take immediate steps to handover the Multi-purpose Building to the Petitioner Housing Society. lA NO: 1 OF 2024 Petition under Seclion 151 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 docket order dt. 21-11-2024 in I.A. No. 254 of 2024 in C.T.A. No. 27 o'f 2024 on the file of the Cooperative Tribunal at Hyderabad arid pass such other r-J I order or orders as this Hon'ble court deems fit and proper in the circumstances of the case, in view of the fact that elections for the Managing Committee of the Petitioner Housing Society is slated for 05-0'l-2025 and the final list of contestants is published on 31-12-2024. Counsel for the Petitioners: MS. B. NEHARIKA VARMA, REPRESENTING SRI KOTTHA KRANTHI Counsel forthe Respondent Nos.1 to 4: GP FOR COOPERATION Counsel for the Respondent Nos.5 to 7:--- WRIT PETITION NO:36625 OF 2024 Between: ECIL Employees' Cooperative House Building Society Ltd., EC Nagar, Cherlapally, HCL Post Hyderabad - 500 051 Rep. by its Secretary A.V.S. Varma Age. 68 Years, R/o. LIG B 223, EC Nagar, Cherlapally, HCL Post Hyderabad'- 500 051 ...PETITIONER C AND 1 2 3 4 6 6 7 State of Telangana, Agriculture and Co-Operation Department, Dr. BR Ambedkar Secretariat Buildings, Hyderabad, Rep.by its Principal Secretary The Registrar of Cooperative Societies-cum-The Commissroner of Cooperative Societies, Telangana State, Hyderabad The Deputy Registrar of Cooperative Societies-cum The District Cooperative Officer, Medchal Malkajgiri District. The Telangana Cooperative Tribunal, 7th Floor, Chandra Vihar, Nampally Hyderabad - 500 001, Rep. by its Secretary. P. Bal Reddy, S/o: P. Danaiah, Age.62 Years, Occupation. Retired Employee, H. No.2-10-304, EC Nagar, Chedapally, HCL Post, Hyderabad - 500 051 M. Mallesh, S/o M. Sathaiah Age.47 Years, Occupation. Business, Plot. No. 'l 10, ll Phase, EC Nagar, Chedapally, HCL Post, Hyderabad - 500 051 S. Sathi Reddy, s/o S. Papi Reddy President, EC Nagar Senior Citizens Welfare Association Age. about 75 years, Fl/o. H.No.. 2-10-547, E.C. Nagar Cherlapally, HCL Post, Hyderabab - 50005'1 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be ..,RESPONDENTS /' :lt pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of l\ilandamus- i. to declare granting stay on the further proceedings of the surcharge orders by the cooperative Tribunal at Hyderabad in l.A. No. 256 of 2024 in c.T.A. No. 29 of 2024 lil the Respondent No. 2 therein files counter and heard and decided on merits as illegal, arbitrary, unjust' apart from being violative of principles of natural justice and against the mandatory provisions of sec.76 of the Telangana cooperative societies Act, 1964 and the Rules framed thereunder, and consequently to set aside the docket order d|.2111112024 in l.A. No. 256 of 2024 in C T.A. No. 29 of 2024 on the file of the cooperative Tribunal at Hyderabad. and ii. to declare Respondent Nos.5 and 6 as ineligible for being chosen as or for being a member of the Managing committee through election or co-option for two terms as they were indicted under Section 21-AA(1)(b) of Telangana cooperative Societies Act, 1964 by the inquiry officer and the same was ratified by the Responent No.3 and also by the General Body meeting of the Petitioner Housing Society. and iri. to declare alienalion of land and funds of the Petitioner Housing Society to the EC Nagar Senior Citizen s Welfare Association by Respondent Nos 5 and 6 as illegal, arbitrary and unjust and consequently to order Respondent Nos 1,2 and 3 to take cognizance of the illegal alienation of the land and funds of the Petitioner Housing society to the EC Nagar Senior citizen s Association and to take appropriate action for restoration of the land and the funds to the Petitioner Housing society and iv. to declare construction of [,4ulti-purpose building by the EC Nagar Senior citizen s welfare Association represented by the Respondent Nos. 7 utilising the land and funds of the Petilioner Housing society as illegal, arbitrary. unjust and consequently order the Respondent Nos. 1 to 3 to take immediate steps to handover the Multi-purpose Building to the Petitioner Housing Society. and v. to Pass lA NO: 1 OF 2024 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Corlrt may be pleased to suspend the docket order dt. 2111112024 in l.A. No. 256 ot2024 in C.T.A. No.29 of 2024 on the file of the Cooperative Tribunal at Hyderabad and pass such other order or oroers as this Hon'ble court deems fit and proper in the circumstances of the case, in view of the fact that elections for the Managing Committee of the a'! _ ;, r Petitioner Housing Society is slated for 051O112025 and the final list of contestants is published on 3111212024. CounSel for the Petitioners: MS. B. NEHARIKA VARMA, REPRESENTING SRI KOTTHA KRANTHI Counsel forthe Respondent Nos.1 to 4: GP FOR COOPERATION Counsel for the Respondent Nos.S to 7:--- WRIT PETITION NO:36628 OF 2024 Between: ECIL Employees Cooperative House Building Society Ltd, EC Nagar, Cherlapally, HCL Post, Hyderabad - 500 051 Rep. by iis Secretary A.V.S. Varma Age- 68 Years, Ri/o- LIG B 223, EC Nagar, Cherlapaily, HCL Post Hyderabad - 500 05 1 ...PETITIONER {- ,l AND I 2 3 4 5 6 7 State of Telangana, Agriculture and Co-Operation Department, Dr. BR Ambedkar Secretariat Buildings, Hyderabad Rep.by its Principal Secretary The Registrar of Cooperative Societies, -cum-The Commissioner of Cooperative Societies, Telangana State, Hyderabad The Deputy Registrar of Cooperative Societies, -cum The District Cooperative Officer, Medchal Malkajgiri District. The Telangana Cooperative Tribunal, 7th Floor, Chandra Vihar, Nampally Hyderabad - 500 001, Rep. by its Secretary S. Vijay Kumar Reddy, S/o S. Satyanarayana Reddy Former President, ECIL Employees'Coop- H<iuse Buildingj Socieiy Ltd and Hon. President, EC Nagar Senior Citizens Welfare Association Age- 73 Years, Occupation- Retired - Employee, H. No 1-7-'191lA, Kamala Nagar, ECIL Post, Hyderabad - 500 062 S. Sammaiah, S/o S. Rangaiah, Age- 74 Years, Occupation- Retired Employee, H. No.2-10-'160, EC Nagar, Cherlapally, HCL Post, Hyderabad - 500 051 S. S_athi Reddy, S/o S. Papi Reddy President, EC Nagar Senior Citizens' Welfare Association Age- about 75 years, Rl/o- H.No.:2-10-547, E.C. Nagar Cherlapally, HCL Post, Hyderabab - 500051 Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may bg, pleased to issue an appropriate Writ, Order or Direction, more particularly one in ...RESPONDENTS T the nature of Writ of Mandamus- i.to declare granting stay on the further proceedings of lhe surcharge orders by the Cooperative Tribunal at Hyderabad in LA. No. 255 ol 2024 in C.T.A. No.28 of 2024 Inl the Respondent No.2 therein files counter and heard and decided on merits as illegal, arbitrary, unjust, apart from being violative of principles of natural justice and against the mandatory provisions of Sec.76 of the Telangana Cooperatrve Societies Act, 1964 and the Rules framed thereunder and consequently to set aside the docket order d|.21-11-2024 in l.A. No. 255 of 2024 in C.T.A. No. 28 of 2024 on the file of the Cooperative Tribunal at Hyderabad and to declare Respondent Nos.5 and 6 as ineligible for being chosen as or for being a rnember of the Managing Committee through election or co- option for two terms as they were indicted under Section 21- AA(1)(b) of Telangana Cooperative Societies Act, 1964 by the inquiry officer and the same was ratified by the Respondent No.3 and also by the General Eody meeting of the Petitioner Housing Society and iii.to declare alienation of land and funds of the Petitioner Housrng Society to the EC Nagar Senior Citizens Welfare Association by Respondent Nos5 and 6 as illegal, arbitrary and unjust and consequently to f' ,J order Respondent Nos 1. 2 and 3 to take cognizance of the illegal alienation of the land and funds of the Petitioner Housing Society to the EC Nagar Senior Citizens Association and to take appropriate action for restoration of the land and the funds to the Petitioner Housing Society and iv.to declare construction of Multi-purpose building by the EC Nagar Senior Citizens Welfare Associat on represented by the Respondent Nos. 5 and 7 utilising the land and funds of the Petitioner Housing Society as illegal, arbitrary, unjust and consequently order the Respondent Nos. I to 3 to take immediate steps to handover the IVlultipurpose Building to the Petitioner Hous ng Society . lA NO: 1 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 pleased, pending disposal of the writ petition, to suspend the docket order dt. 21- 11-2024 in l.A. No. 255 of 2024 in C.T.A. No. 28 of 2A24 on the file of the Cooperative Tribunal at Hyderabad and pass such other order or orders as this Hon'ble coud deems fit and proper in lhe circumstances of the case in view of the / tL & fact that elections for the [\/anaging committee of the Petitioner Housing Society is slated for 05-01-2025 and the final list of contestants is published on 31-12-2024. Counbel for the Petitioners: MS. B. NEHARIKA VARMA, REPRESENTING SRI KOTTHA KRANTHI Counsel for the Respondent Nos.1 to 4: GP FOR COOPERATION The Court made the following: COMMON ORDER r- 'J f' THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION Nos.36624 36625 and 36628 of 2024 COMMON ORDER As seen from the record, the managemenl committee of the peti tioner'-societv has liled a letter, dated 27 .O1.2025 seeking u.ithdraq,al of the writ petition. The committee members harrt' producr:d the original record wittr regard to the election and also the resolution, dated 19.O1.2O2i, for closure of the case bt'fore this Court. Copies of the register are also filed before this Court

2. In vieu, of the same, these writ petitions are dismrssed as u,ithdraq-n. Tl-rere strall be no order as to costs

3. Miscellarreous pctitions pending, il any. shall stand ciosed. t To, SD/-MOHD. ISMAIL ASSISTANT REGISTR.AR ,TRUE COPY// 6 ECTION OFFICER

1. One CC to Sri Kottha Kranthi, Advocate [OPUC] 2. Two CCs to GP for Cooperation, High Court for the State of Telangana, at Hyderabad [OUT]

3. Two CD Copies TJ GJP I ,.t:.1 HIGH COURT DATED:2910112025 I {' COMMON ORDER WRIT PETITION Nos. 36624, 36625 and 36628 OF 2024 11r:5JAl5 2 B r{An 2sz5 (l -L 9 * l) r:. i DISMISSING THE WRIT PETITIONS AS WITHDRAWN WITHOUT COSTS 2/z? /,' ,/t f