THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.18199 of 2025

ORDER

This Writ Petition is filed challenging the proceedings Rc.No.318/2014-B dated 04.11.2016, issued by respondent No.5 appointing respondent No.3 as Inquiry Officer under Section 51 of the Telangana Cooperative Societies Act, 1964 and the inquiry report of respondent No.3 vide proceedings Rc.No.2/2017-A, dated 23.05.2017 and the proceedings Rc.No.1525/2022-B2, dated 05.05.2025, issued by respondent No.2, as illegal and arbitrary.

2. Sri G. Vidya Sagar, learned counsel for the petitioner submitted that the proceedings dated 04.11.2016 issued by respondent No.5 are illegal and arbitrary as it was issued without jurisdiction. He submitted that G.O.Ms.No.34, dated 18.01.1989, was issued to delegate certain powers of the Registrar to the office of the District Cooperative Department, and that the power to appoint an Inquiry Officer under Section 51 of the Telangana Cooperative Societies Act, 1964, (for short, “the Act”) has not been delegated to the District Cooperative Officer. Learned Senior Counsel has drawn the attention of this Court to the relevant G.O., which is placed at Page Nos.81 to

85 of the writ papers.

3. In view thereof, this Court was prima facie satisfied and had granted an interim stay of all further proceedings in respect of the proceedings dated 05.05.2025 issued by respondent No.2 at the time of admission of this Writ Petition.

4. While the matter stood thus, the respondents have filed a counter affidavit stating that the District Collector and Magistrate has been delegated powers under Section 51 of the Act as per G.O.Ms.No.34 dated 18.01.1989 and also under the subsequent G.O.Ms.No.10 dated 30.01.2017.

5. Having regard to the above submissions, this Court is of the opinion that the powers of the Registrar under Section 51 of the Act have not been delegated to the District Collector and Magistrate vide G.O.Ms.No.34. Therefore, the proceedings Rc.No.318/2014-B dated 04.11.2016 issued by respondent No.5 appointing respondent No.3 as Inquiry Officer under Section 51 of the Telangana Cooperative Societies Act, 1964 and the consequential inquiry report of respondent No.3 vide proceedings Rc.No.2/2017-A, dated 23.05.2017 and the proceedings Rc.No.1525/2022-B2, dated 05.05.2025 issued by respondent No.2 are liable to be set aside. They are accordingly set aside. However, the respondent No.4 is granted liberty to re-initiate proceedings under Section 51 of the Act in accordance with law, if so warranted.

6. With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this Writ Petition, shall stand closed.

___________________________ JUSTICE T. MADHAVI DEVI Date: 27.10.2025 PRN HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.18199 of 2025 Date: 27.10.2025 PRN