THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.3432 OF 2021

ORDER:

This writ petition is filed with the following prayer:

“…call for records leading to issuance of Certificate bearing Registration No.312/2009, dated 25.02.2009, issued in the Name & Style as “Welfare Association of Rain Tree Park” issued by the 3^rd respondent in favour of the 4^th respondent and quash the same by issuing a Writ, order or direction, more particularly one in the nature of a writ of certiorari and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.”

2. Heard Ms. Dasari Phani Rani, learned counsel representing Mr. M. Ravindra Babu, learned counsel for petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2, Mr. G. Murali Mohan, learned Standing Counsel for respondent No.7 and Mr. Ravinutala Venkata Subba Rao, learned counsel for respondent No.9. There is no representation on behalf of respondent No.4.

3. The case of petitioner is that she is the owner of Flat No.107, Block No.15, Malaysian Township, Rain Tree Park Apartments, Spinal road, Kukatpally, Hyderabad. There are 1776 apartments and residents of the apartment are formed into an association named “Welfare Association of Rain Tree Park” (for short ‘the Association’). The said Association has its office at Club House-I, 1st Floor, Rain Tree Park, Phase 14, KPHB Colony, Kukatpally, Hyderabad. The Association was issued registration certificate bearing No.312 of 2009, dated 25.02.2009, in the name and style of “Welfare Association of Rain Tree Park” under the provisions of the Societies Registration Act, 2001 (for short, ‘the Act’). Total number of members of the Association are 1200 members.

4. It is the case of petitioner that the Association is mismanaging the funds. It is further the case of petitioner that the society registered under the Act cannot exist as a local entity and it cannot operate its bank account under the Society’s name.

5. Learned counsel for petitioner invited the attention of this Court to an order of learned Single Judge in W.P.No.3319 of 2013. Learned Single Judge by order dated 05.03.2013 held that the registration cannot be sustained under the provisions of the Act as the society does not fit within the context of public purpose as defined under Section 3(1) of the Act which only covers a group of residents of apartment.

6. Learned counsel further invited the attention of this Court to a Circular issued by the office of the Commissioner and Inspector General, Registration and Stamps, Telangana, Hyderabad (Ex.P5 – page No.37) and contented that as per the contents of the circular, whenever a resident welfare association of apartments or buildings presents a document for registration under the Act, the authority shall verify the objects of Association and if they are falling under Section 3(1) of the Act, they shall not refuse the document to register under the Act.

7. Relying upon the order of learned Single Judge, it is submitted that in view of the law laid down by the learned Single Judge, the certificate of registration issued by the Registrar of Societies bearing No.312 of 2009 under the Act, 2001 (Act 35 of 2001) on 25.02.2009, is an invalid certificate and respondent No.4 cannot style and call upon his Welfare Association of Rain Tree Park as a registered Association and that the registration is improper and certificate of registration needs to be set aside.

8. Learned counsel appearing on behalf of respondents submitted that the respondents, residents of Rain Tree Apartment, have formed themselves into an association and sought for registration under the name and style of “Welfare Association of Rain Tree Part” that the Registrar of Societies issued a certificate of registration dated 25.02.2009 bearing No.312 of 2009 under the Act and the said certificate was issued for the purposes of carrying out the objectives of the society.

9. Heard learned counsels,