THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.5165 OF 2013

O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the order of the 1^st respondent dt.29.12.2012 in Rc.No.562/2012/P & E/S/T, as illegal, arbitrary and malafide and as without any authority of law and jurisdiction and consequently to set aside the same and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the 1^st petitioner is a registered firm engaged in the business of real estate and petitioners No.2 to 4 are its partners. The 1^st petitioner claims to have purchased a land from the 6^th respondent society on 14.05.2012 for a valuable sale consideration. An extent of Ac.36.30 guntas was purchased at the rate of Rs.8,00,000/- per acre for a total sale consideration of Rs.2,94,00,000/- and the 1^st petitioner claims to be in possession and enjoyment of the land from the date of its purchase. It is submitted that the sale of the property was pursuant to the resolution passed by the members of the 6^th respondent society in the general body for alienation of the land and after a dispute has arisen, the petitioners made enquiries and came to know that on 04.06.2011 the 6^th respondent society had decided to hold general body meeting on 09.06.2011 and on 09.06.2011 general body meeting was held and the issue of alienation of a part of the land out of Ac.46.30 guntas of land was discussed and it was unanimously accepted to alienate the part of the land and a resolution was passed giving the President and the Vice President the authority to alienate the said land. It is stated that the intention of the 6^th respondent society was to have a housing complex in the remaining extent of land for the benefit of its members. It is submitted that the parties who participated and accepted the resolution, as an afterthought, raised a dispute before the 1^st respondent by filing an application under Section 61 of the Telangana Cooperative Societies Act, 1964 against respondents No.7 and 8 herein, who are respondents No.1 and 2 therein, alleging that they have indulged in many malpractices and were involved in criminal cases and that the land was sold for a higher price but they have shown lower price in the documents to avoid stamp duty and that the amount received as sale consideration is not credited to the account of the society and that it was credited in the personal accounts of interested members. With similar allegations, respondents No.2 to 5 herein have also raised a dispute before the 1^st respondent, but they did not challenge the alienation made by the society as it is out of the purview of the enquiry of the 1^st respondent. The 1^st respondent passed an interim order directing the authorities to stop layout permission until further orders. According to the petitioners, the 1^st respondent has exceeded his jurisdiction and granted interim order against Kakatiya Urban Development Authority and District Panchayat Officer who are not parties to the proceedings before him, that too in respect of a sale transaction which has already taken place. Challenging the said interim order, this Writ Petition has been filed.

3. This Court, vide orders dt.25.02.2013 in W.P.M.P.No.6447 of 2013 had granted interim suspension of the impugned order and after considering the judgment of the Andhra Pradesh High Court in the case of M.Venkata Ramana and another Vs. A.P. Cooperative Tribunal and others, [2010(4) ALT 34 (DB)] and the judgment of Hon’ble Supreme Court in the case of Margret Almeida and others Vs. Bombay Catholic Co-operative Housing Society Ltd., and others, [(2012) 5 SCC 642 (SC)], it was observed that the issue has to be decided finally and therefore, the interim order was made absolute vide orders dt.26.11.2013.

4. The 1^st respondent has filed its counter affidavit along with the stay vacate petition in W.V.M.P.No.1081 of 2013 and respondents No.2 to 5 also have filed their coun