IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI INTERLOCUTORY APPLICATION No.1 of 2025 IN/AND WRIT PETITION No.38355 of 2025 Date 17.12.2025 Between:

B.N.V.Ranjeet and eleven others … Petitioners AND The State of Telangana, represented by its Principal Secretary, Department of Cooperation, Secretariat Buildings, Saifabad, Hyderabad, Telangana and five others.

…Respondents

COMMON ORDER

This Writ Petition is filed challenging the order dated

07.11.2025 passed in I.A.No.176 of 2025 in O.P.No.39 of 2025 on the file of the Cooperative Tribunal, Hyderabad, (for short, “the Tribunal”) whereby the interim order dated 01.08.2025 was made absolute.

2. Since the petitioners were not parties to O.P.No.39 of 2025, they filed I.A.No.1 of 2025 seeking leave of this Court to file the present Writ Petition.

3. The said application is opposed by the unofficial respondents, who are the petitioners in O.P.No.39 of 2025.

4. Brief facts leading to the filing of this Writ Petition are that the petitioners herein are the owners of flats in respondent No.4- soceity and that some of the members of the society had earlier filed O.P.No.32 of 2024 before the Tribunal challenging the collection of monthly maintenance charges based on built-up area by respondent No.4-soceity. The Tribunal, vide orders dated 25.09.2024 and 10.09.2024 in I.A.No.224 of 2024 and I.A.No.207 of 2024 in O.P.No.32 of 2024, has stayed the invoices as well as the impugned notices dated 31.08.2024 and 02.09.2024. The interim orders dated 25.09.2024 and 10.09.2024 granted by the Tribunal were challenged in W.P.No.28433 and 28423 of 2024. This Court, vide common order dated 16.10.2024, disposed of W.P.No.28433 and 28423 of 2024 and directed the society to hold a General Body Meeting in accordance with the Bye-Laws to discuss and decide the issue of maintenance charges. It was further clarified that the stay granted by the Tribunal in I.A.No.207 of 2024 shall be limited only in respect of respondents No.4 to 9 and shall not bind or cover any other flat owners. It was also stated that respondents No.4 to 9 shall also pay the maintenance charges as per the invoices after the General Body decides the issue of maintenance charges, subject to the result of O.P.No.32 of 2024. It is submitted that, pursuant to the directions of this Court, the society held a General Body Meeting and passed a resolution to collect maintenance charges on a per square feet basis. Challenging the said resolution, O.P.No.39 of 2025 was filed. It is further submitted that the Tribunal, vide interim order dated 01.08.2025, directed the collection of maintenance charges equally irrespective of the size of the flat, without considering the decision of the General Body Meeting and made the same absolute by order dated 07.11.2025. Aggrieved by the said orders, the present Writ Petition has been filed.

5. Sri P.S. Rajasekhar, learned counsel for the petitioners submitted that the said orders of the Tribunal are in clear violation of the direction of this Court and therefore, the petitioners who are other flat owners, would be adversely affected by the collection of maintenance charges equally irrespective of size of flat. Therefore, they are entitled to file this Writ Petition. It is further submitted that respondents No.5 & 6 filed O.P.No.39 of 2025 only to overcome the directions of this Court, instead of impleading themselves in O.P.No.32 of 2024.

6. Sri Damodar Mundra, learned counsel appearing for respondents No.5 & 6 have filed a counter affidavit and submitted that the petitioners have neither preferred an appeal nor sought impleadment before the Tribunal, even if they claim to be affected by the order of the Tribunal and have directly approached this Court and therefore, the Writ Petition is not maintainable. It is further submitted that the issue of maintenance charges is still pending adjudication before the Tribunal and that the minutes of meeting held subsequent to fi