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2025 Supreme(Online)(Tel) 22633

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
Y.Krishna Rao – Appellant
Versus
The State of Telangana – Respondent
WP 10010/2024



##PAGE1##

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION No.10010 OF 2024

DATE : 22.12.2025

Between:

Y.Krishna Rao & 3 others

…Petitioners

AND

The State of Telangana & 3 others

…Respondents

ORDER

In this writ petition, the petitioners are purchasers of

certain flats in Sampoorna Complex constructed by the

Housing Board. It is submitted that Complex was being

maintained by the Housing Board till 01.08.2024. Thereafter,

since the Housing Board has intimated that an Association will

have to be formed for further maintenance of the Complex, an

Adhoc-Committee was formed and they have made

representations to the authorities for registration of the Society.

Accordingly, the 4th respondent Society was registered. When

##PAGE2##

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they sought to conduct Elections, a challenge was made to the

said notification by filing this writ petition.

2. This Court vide order dt.18.04.2022 had directed the

respondents to maintain status quo, due to which Elections to

the Managing Committee of the Society which were scheduled

to be held on 21.04.2024 could not be held.

3. Counter affidavits have been filed by the respective

parties. When the matter has been listed for hearing today,

learned counsel for the petitioners submitted that petitioners

are no longer against the registration of the 4th respondent

Society but they are seeking a direction to the 4th respondent

society to grant membership to purchasers of other flats, who

are not yet the members of the Society, by giving them some

time and also by accepting membership fee etc. He further

submitted that some of the bye laws of the Society are not in

accordance with model bye laws and therefore, they have to be

amended. He further submitted that Elections be held to the

Society only after the purchasers of other flats are also made

members of the Society.

##PAGE3##

3

4. Learned counsel for the 4th respondent Society is also

heard who submitted that membership can be given only to the

purchasers in whose favour the sale deeds have been executed

by the Housing Board. As regards amendment of the bye laws,

he submitted that bye laws have been approved by the

authorities and it is only the General Body which can amend

bye laws by conducting a General Body Meeting, if necessary.

It is submitted that Adhoc-Committee will not be in a position

to do so and if petitioners have an objection, they may

approach the authorities with the same. As regards Elections,

it is submitted that election process has been completed except

for holding of the Elections and the Elections will be held as

directed by this Court.

5. In view of the submissions of both the parties, this Court

deems it fit and proper to direct the 4th respondent to grant

thirty (30) days time to apply for membership, by giving a notice

which shall be put on the Notice Board of respective towers,

intimating the purchasers of the flats about membership in the

Society and shall give membership to all the purchasers if they

satisfy the condition of having a sale deed in their favour. Only

thereafter, shall the respondent No.4 conduct Elections to the

##PAGE4##

4

Managing Committee of the Society in accordance with the

provisions of the Telangana Mutually Aided Cooperative

Societies Act, 1995. As regards objections of the petitioners

with regard to bye laws, the petitioners are at liberty to make

an appropriate application to the authorities and on such

application being received, the authorities shall consider the

same in accordance with law.

6. Accordingly, the Writ Petition is disposed of. There shall

be no order as to costs. Miscellaneous petitions, if any,

pending in this Writ Petition, shall stand closed.

_____________________________

JUSTICE T. MADHAVI DEVI

Date: 22.12.2025

dv

##PAGE5##

HON’BLE SMT. JUSTICE T. MADHAVI DEVI

WRIT PETITION No.10010 OF 2024

Date: 22.12.2025

dv

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