IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI

FRIDAY, THE TWENTY EIGHTH DAY OF NOVEMBER

TWO THOUSAND AND TWENTY FIVE

Between

Sri Yanamala Madhav.

…Petitioner.

AND

The State of Telangana, represented by its Principal Secretary, Department of Cooperation, Secretariat Buildings, Hyderabad and six

others.

…Respondents.

THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus, (i) declaring the inaction of respondents No.2 and 3 in considering the petitioner’s representation dt.24.02.2024 to cancel the conveyance deed of M-8-1209 vide Document No.10117/2022 dt.07.11.2022 executed by respondents No.5 and 6 at SRO, Serilingampally in favour of respondent No.7 by suppressing the petitioner’s original allotment dt.13.02.2021 made by the official Five Men Committee as per G.O.Ms.No.658, Revenue (Assignment.III) Department, dt.04.07.1994 though received total cost of the allotted house unit of Rs.19,25,000/- from the petitioner by the Chitrapuri Housing Society, as illegal and arbitrary; and (ii) to declare the action of disconnecting the power to the allotted house No.M-8-1209 by respondent No.4 Telangana Southern Power Distribution Company Limited without any prior notice to the petitioner, as illegal, arbitrary, unjust and unconstitutional and against the provisions of the Telangana State Cooperative Societies Act, 1964 (for short, ‘the Act’) and also the allotment made by the Five Men Committee and consequently to direct respondent No.4 to restore the power connection and further direct respondents No.2 and 3 to cancel the conveyance deed executed in favour of respondent No.7 and to direct them to register the same in favour of the petitioner; and (iii) to pass such other order or orders.

2. Brief facts leading to the filing of this Writ Petition are that respondent No.5 society was formed for Telugu Cine Workers and the petitioner claims to have been allotted flat No.MIG-9-904 vide allotment letter dt.27.07.2016 by the official Five Men Committee formed under G.O.Ms.No.658, Revenue (Assignment.III) Department, dt.04.07.1994. Subsequently, the executive body has allotted flat No.MIG-8-1209 to the petitioner through letter dt.13.12.2021 stating that due to some reasons they have changed the allotment and that the petitioner has accepted to take the housing unit of MIG-8-1209 instead of MIG-9-904 and paid the total cost of Rs.19,25,000/- in advance from 18.06.2016 to 31.12.2021. It is stated that the petitioner has taken possession of the allotted house after payment of the total cost and the petitioner has also spent a sum of Rs.4,00,000/- for interior designs and furniture, but subsequently he came to know through the fellow members of the society that respondents No.5 and 6 have fraudulently executed a conveyance deed pertaining to MIG-8-1209 to one Sunkara Sai Naresh, i.e., respondent No.7 herein through Document No.10117 of 2022 dt.07.11.2022 at the office of SRO, Sherilingampalli in violation of the bye-laws of the society without having any authority to change or allot the housing units which were already allotted to the eligible members by the Five Men Committee. It is alleged that respondent No.5 has been involving in many irregularities in allotment of housing units and that the Managing Committee has admitted around 900 fake members by allotting housing units to them without following the due procedure and that fake members were inducted into the society to get their votes in favour of the present Managing Committee in power.

3. Learned counsel for the petitioner has also drawn the attention of this Court to the provisional allotment letter dt.13.12.2021 in respect of MIG flat consisting of 1000 sq.ft. in Block B, Floor No.12 designated Flat No.M-8-1209 with built up area 996 sq.ft., undivided share of land 29.37 sq.yds., and the total estimated cost of the flat was Rs.16,00,000/- and escalation charges of Rs.1,75,000/- a