THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT APPEAL No.310 of 2024

JUDGMENT

(Per the Hon’ble the Chief Justice Alok Aradhe)

Mr. T.Purna Chandra Rao, learned counsel for the appellants.

Ms. B.Mohana Reddy, learned Government Pleader for Co-operation Department for respondent Nos.1 to 3.

2. Heard on the question of admission.

3. In this intra court appeal, the appellants have challenged the validity of the order dated 30.01.2024 passed by learned Single Judge in W.P.No.31742 of 2023, by which writ petition preferred by the appellants has been dismissed.

4. Facts giving rise to filing of this appeal briefly stated are that respondent No.4 namely The Software Associates Mutually Aided Cooperative Housing Society ::2::

Ltd. (hereinafter referred to as ‘the Society’), is a housing society registered under the provisions of Telangana Mutually Aided Co-operative Societies Act, 1995 (hereinafter referred to as ‘the 1995 Act’). According to the appellant, the Society acquired the land measuring Acs.08.07 guntas in Survey Nos.181/Part and 189/Part, situated at Vattinagulapalli Village (hereinafter referred to as ‘the subject land’) with the contributions collected from its members for the purposes of converting the subject land into residential plots and allotting the same to the members. It has been averred in the writ petition that the Society was unable to get a layout approved and as the subject land was affected by provisions of G.O.Ms.No.111 dated 08.3.1996. It has further been averred in the petition that respondent No.7 who was acting as President of the Society colluded with a businessman to alienate the subject land.

5. Thereupon the members of the Society made a complaint to the Commissioner of Co-operation and Registrar of Co-operative Societies, who conducted an ::3::

inquiry vide order dated 31.12.2022 and directed respondent No.3-District Co-operative Officer, Ranga Reddy District to submit a report within a period of 15 days. The District Co-operative Officer passed an interim order on 18.01.2023 directing the Tahsildar, Gandipet not to register/transfer the subject land belonging to the Society without proper clearance from the District Co-operative Officer.

6. Thereafter the District Co-operative Officer submitted a report on 24.01.2023 to the Registrar. The District Co-operative Officer informed the Society to convene a Special General Body meeting as provided under Section 31 of the 1995 Act within a period of 30 days and to place an inquiry report before the Body. Thereafter, a General Body Meeting was conducted by the Society on 19.03.2023 and the inquiry report was not accepted by the Society.

7. Thereupon, the appellants filed the writ petition, in which following reliefs were claimed:

::4::

“For the reasons stated in the accompanying affidavit, the Petitioners prays that this Hon’ble Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ/Order/Direction declaring that the inaction on the part of Respondents 1 to 3 in not implementing the findings of the 3^rd Respondent under Inquiry Report by initiating further actions against the Managing Committee of the Respondent No. 4 Society, including the alleged President 7^th Respondent, for the breaches and violation of the byelaws and TSMACS Act, as arbitrary, illegal, bad in law and violative of the Principles of Natural Justice, apart from being violative of the Article 14 of the Indian Constitution and consequently direct the Respondents 1 to 3 to initiate further actions by conducting a General Body Meeting of the 4^th Respondent/Society and to appoint an ad-hoc committee under Section 23(3) to take over the management and affairs of the Society and to conduct elections to elect a fresh committee and also to initiate such penal proceedings under Sec. 38 of Telangana State Mutually Aided Co-operative Societies Act, 1995 against Respondent-7 and other managing committee members and to take such other or further