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2025 Supreme(Telangana) 2059

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR, JJ.
Welfare Association of Rain Tree Park – Appellant
Versus
G. Sarojini W/o V. Gopala Rao – Respondent
Writ Appeal No. 1372 of 2025
Decided On : 10-12-2025

Advocates Appeared:
For the Appellants : M.S. Prasad, M. Srikanth Chintala
For the Respondents: E. Madhan Mohan Rao, Muralidhar Reddy

A Society must demonstrate objectives serving a 'public purpose' to qualify for registration under the Telangana Societies Registration Act, 2001, and functions limited to residents do not satisfy this requirement.

Headnote:(A) The Telangana Societies Registration Act, 2001 - Section 3(1) - Writ Appeal concerning the validity of a Certificate of Registration issued to a Society - The court held that the objectives of the Society must be for 'public purpose' to sustain registration under the Act - The Bye-laws restrict the activities of the Association solely to the residents, failing to qualify as serving the broader public interest. (Paras 9-24)

(B) Public Purpose - The concept of ‘public purpose’ necessitates activities benefiting a community at large, not confined to a specific group or locality. (Paras 20-21)

(C) Judicial Review - The status of registration can be challenged by any affected resident and does not require a specific timeline. (Paras 27)

(D) Direction - The outgoing body of the Association is allowed to conduct daily affairs until elections are held post-registration under another Act. (Paras 30) (E) Public Purpose Definition - The court referenced earlier cases indicating that the definition of public purpose may shift according to societal needs. (Paras 20) (F) Final Decision: The Writ Appeal and all connected applications are dismissed.

JUDGMENT :

MOUSHUMI BHATTACHARYA, J.

1. The Writ Appeal arises out of an order passed by a learned Single Judge of this Court on 06.11.2025 in Writ Petition No.3432 of 2021 filed by the respondent No.1 herein. The appellant was the respondent No.4 in the Writ Petition.

2. The Writ Petition was filed for a Writ of Certiorari calling for records leading to issuance of Certificate bearing Registration No. 312/2009 dated 25.02.2009 issued in the name and style as Welfare Association of Rain Tree Park/appellant. The said Certificate was issued by the respondent No.4 herein/Registrar of Societies (respondent No.3 therein) in favour of the appellant. The Writ Petitioner prayed for quashing of the said Certificate.

3. The appellant claims to be a Society registered under The ANDHRA PRADESH SOCIETIES REGISTRATION ACT , 2001 and is an official society of a Township, popularly known as the Malaysian Township, consisting of 1776 Flats and one Villa. A total of 1776 Flat owners are deemed members who enjoy maintenance and other common facilities provided by the appellant. The Writ Petitioner is one of the residents in the Township.

4. The appellant has assailed the impugned order dated 06.11.2025 passed in W.P.No.3432 of 2025 by the learned Single Judge of this Court, whereby the Writ Petition was allowed by holding that the Registration granted in favour of the appellant under the provisions of the 2001 Act cannot be sustained and the Certificate of Registration issued by the Registrar of Societies dated 25.02.2009 was accordingly set aside.

5. Learned Senior Counsel appearing for the appellant submits that the Association obtained the Registration on 25.02.2009 upon the satisfaction of the Registrar of Societies that the Association performed a ‘public purpose’ as required under the Act. Counsel submits that the Writ Petitioner and her husband have a long standing feud with the appellant-Association and approached the Court after 12 years for cancellation of the Registration. Counsel places the objectives and functions of the Association to urge that the appellant provides facilities which would qualify within the context of public purpose as defined under section 3 (1) of the 2001 Act. It is further submitted that the learned Single Judge failed to consider a later Memo issued by the Revenue (Registration-II) Department, Government of Telangana, on 21.08.2023 in arriving at the impugned decision.

6. Learned Senior Counsel appearing for the Writ Petitioner relies on the objectives of the appellant to argue that the said objectives cannot qualify as ‘public purpose’ since the functions are restricted to the residents of the Township. Senior counsel submits that the Association is a private Society which is different from a public society for the public at large. Senior Counsel relies on an order passed by a learned Single Judge of this Court, as his Lordship then was, in M/s. Nugget Estates Private Limited v. Government of Andhra Pradesh , 2013 SCC OnLine AP 74, where the Court dealt with a similar dispute concerning the Bye-laws of the Association and held that public purpose which necessarily involves the interests of the community at large.

7. The learned Government Pleader for Revenue appearing for the respondent Nos.2 to 4 is represented.

8. We have heard learned Senior Counsel appearing for the appellant as well as the respondent No.1 and the learned Government Pleader for Revenue appearing for the respondent Nos.2 to 4.

9. The controversy in the present Appeal centres whether the Certificate of Registration granted in favour of the appellant-Association on 25.02.2009 can be sustained under section 3(1) The Telangana Societies Registration Act, 2001.

10. Section 3(1) of the said Act is set out below. “Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of an

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