THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 14179 OF 2025

ORDER:

In this writ petition, the petitioners are challenging the docket order proceedings dated 19.04.2025 passed by the respondent No.2 in Reference No.171/MACS-2025 as illegal, arbitrary and the petitioners have made several other consequential prayers in this writ petition touching the merits of the reference before the Registrar.

2. Learned counsel for the petitioners has drawn the attention of this Court extensively to the memos filed by the petitioners before the respondent No.2 and also the interim order passed by the Registrar on 22.02.2025 to demonstrate that the memos of petitioners have not been considered and that they were not given a fair opportunity of hearing and their grievances have not been considered or addressed. Therefore, he sought a direction to set aside the docket order dated 19.04.2025 and a further direction to the Registrar to pass a fresh order.

3. This Court vide interim orders dated 01.05.2025 had granted a stay of all further proceedings before the Registrar i.e., respondent No.2.

4. Learned senior counsel appearing for the respondent No.3 and also the learned counsel appearing for the respondent No.5 have brought to the notice of this Court that the respondent No.2 had no jurisdiction to entertain any reference. It is submitted that though the Act, by way of an amendment of Section 37 of the Telangana Mutually Aided Co- operative Societies Act, vide G.O.Ms.No.28, dated 19.04.2016, provided for making a reference to the Registrar, the said G.O., has been suspended by the order of the Division Bench of this Court in W.P.No.28888 of 2016 and batch, dated 26.07.2016 and the same is in force. Therefore, according to them, the reference itself is not maintainable and the docket order dated 19.04.2025 is nonest in law. It is further submitted that the petitioners have not made the society as party before the Registrar and even for this reason, the reference is not entertainable.

5. Learned counsel for the petitioners, however, pointed out that this Court in W.P.No.30605 of 2024, dated 21.01.2025 filed by one of the petitioner had observed that the O.P., before the Cooperative Tribunal is not maintainable in view of the amendment to Section 37 of the Telangana Mutually Aided Co-operative Societies Act and therefore granted liberty to the petitioners therein to approach the Registrar under Section 37(1) of the Telangana Mutually Aided Cooperative Societies Act and therefore, the petitioners have approached the Registrar.

6. Having regard to the above submissions and also the interim order of the Division Bench of this Court dated 26.07.2016 suspending G.O.Ms.No.28, dated 19.04.2016, which was not brought to the notice of this Court while passing the order in W.P.No.30605 of 2024 to approach the Registrar, it is observed that the petitioners would have to approach the Co- operative Tribunal and not the Registrar, i.e., respondent No.2. Therefore, the petitioners are permitted to approach the Tribunal with a fresh application and by making a Co-operative Society as a party to the proceedings within a period of two (2) weeks from the date of receipt of a copy of this order and till such time that the Tribunal takes up the interim application and passes orders thereon, the interim orders granted by this Court dated 01.05.2025, 19.06.2025 and 03.07.2025 shall remain in force. The Tribunal shall take up the interim application and pass orders thereon within a period of three (3) weeks from the date of receipt of the application of the petitioners. The Tribunal shall pass the orders uninfluenced by the orders of this Court.

7. The writ petition is accordingly disposed of. There shall be no order as to costs.

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

____________________________ JUSTICE T.MADHAVI DEVI Date: 09.10.2025

Note:

Issue CC by 13.10.2025

B/o.bak

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 14179 OF 2