ORDER:

In this writ petition, the petitioner is challenging the letter issued

by respondent No.3 dt.15.10.2025 requiring the petitioner to take over the physical possession of the subject property which is under attachment pursuant to the order of the Tribunal in O.P.No.07 of 2020,

dt.15.07.2024, as illegal and arbitrary.

2. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation appearing for respondents No.1 to 3. 3. It is submitted that for execution of the order in O.P., E.P. has been filed and the Officer has required the petitioner to take over the physical possession of the subject property and to hand over the same to the Registrar of MACS, to enable the Sales Officer to conduct auction on or before the date given in the said notice. Challenging the same, the writ

petition is filed.

4. Learned counsel appearing for the petitioner-society submitted that the requirement to take over the physical possession of the property is not provided for under the Telangana Cooperative Societies Act and is unwarranted. He further submitted that the prescribed procedure is to issue demand notice and if the defaulter fails to make the payment symbolic possession of the property shall be taken and thereafter the property shall be put for sale. Therefore, according to him, the condition

prescribed by the Sales Officer to take physical possession of the property before putting up the property for auction sale is unwarranted.

5. Learned Government Pleader for Cooperation is heard, who submitted that Rule 52 of the Telangana Cooperative Societies Rules, 1964, provide the procedure for execution of decrees and orders and the impugned direction is given in accordance with the said Rule only.

6. Having regard to the rival contentions and the material on record, this Court finds that Rule 52 of the Rules deals with the procedure prescribed for execution of decrees or orders and Sub-Rule 3 deals with the procedure to proceed against a defaulter’s immovable property. A literal reading of the same shows that there is no requirement of taking physical possession of the property, before putting it up for sale. However, the property cannot be put up for sale without having symbolic possession of the property. Therefore, the petitioner is permitted to take over the symbolic possession of the property, if the petitioner fails to make the payment and thereafter, the Sales Officer is at liberty to auction the property.

7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this writ petition stand closed.

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