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2020 Supreme(Telangana) 815

KUNURU LAKSHMAN
Sri Sri Kalakuteers Apartment Flat Owners Maintenance Mutually Aided Co-operative Society Limited – Appellant
Versus
State of Telangana – Respondent


Advocates:
Advocate Appeared:
For the Appellants : M. Venkat Divakar, Laxmaiah Kanchani.
For the Respondent: M. Venkat Divaka.

ORDER :

1. This writ petition is filed to declare the Memo No. RC No. 7033/2015/HR-2, dated 24.03.2017 and RC No. 6215/2018/HR-4, dated 18.12.2018 issued by the 2nd respondent as illegal and to set aside the proceedings in RC No. 2662/2019-MACS, dated 01.11.2019 issued by the 3rd respondent and for a consequential direction to the 3rd respondent to register the 1st petitioner Society under the provisions of the Telangana Mutually Aided Cooperative Societies Act, 1995 (for short ‘TMACS Act’). Whereas, I.A. No. 3 of 20192 is filed by Sri. Sri. Kala Kuteer Apartment Owners Cooperative Maintenance Society, rep. by its Chief Promoter Avula Vijayalaxmi, to implead it as 5th respondent in the writ petition.

2. The facts that germane for filing of the present writ petition are as follows:

    (i) There are 150 flats in Sri. Sri. Kalakuteer Apartment, a residential complex. Initially, the owners of the said flats have registered a Society under Public Societies Act with registration No. 580/2015. They came to know about the recent new enactments with regard to registration of Apartment Flat Owners' Welfare Association under the Cooperative laws. Therefore, the owners of the flats of the said resid

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