Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR
K.S. Gopal – Appellant
Versus
State of Telangana – Respondent
ORDER :
N.V. SHRAVAN KUMAR, J.
This writ petition has been filed praying to:
“to call for the records relating the order passed by the 3rd respondent vide Letter No 6309/ 15291983/Soc/2023, dated 03/ 10/2023 and quash the same and further direct to seize the records and supersede the managing committee of the 4th respondent-Society in the interest of justice.”
2. Brief facts rising to file this writ petition are that the petitioner is claiming to be founder Member of respondent No.4 Society i.e., Deccan Development Society (herein after referred as ‘DDS’), vide registered No. 1529/ 1983 and the said DDS brought an amendment to bye-laws of the Society, which was approved on 07.09.1994. It is submitted that initially the said DDS had purchased lands in many villages by way of donations for the purpose of cultivating and eking out the livelihood of the weaker section of the societies. The Government of the then Andhra Pradesh also provided fund grant in 1994-95 to the said DDS based on public distribution system. Petitioner’s further case is that the said DDS withdrew the said funds and transferred them to their own account leading to collapse of the scheme.
3. Learned counsel for the peti
Internal disputes of societies must be resolved through arbitration or District Court as per Section 23 of the Societies Registration Act, 2001, not via writ petitions.
Disputes arising from the internal management of a registered society are not justiciable in writ jurisdiction and must be resolved in a competent civil court.
The provisions of Section 44(8) of the Tamil Nadu Societies Registration Act 1975, introduced later, cannot be applied retrospectively.
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
