THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.4967 of 2025

ORDER

In this writ petition, the petitioner is challenging the proceedings dated 07.02.2025 of respondent No.3 replacing respondent No.6 - Person In-charge of KTPS Cooperative Society, with Non-Official PIC with Previous Managing Committee, as illegal and arbitrary.

2. Learned counsel for the petitioner submits that on 05.11.2024 respondent No.3 has initially appointed

months and later extended the period for a further period of

three months by order dated 05.02.2025. Thereafter,

respondent No.3 by proceedings dated 07.02.2025 replaced

with Previous Managing Committee with effect from

05.02.2025, which is illegal and arbitrary. Therefore, the present writ petition is filed.

3. Learned Government Pleader for Cooperation basing on the written instructions submits that the term of the Person In-Charge has expired on 04.02.2025 and the same was extended for a further period of three months by order dated 05.02.2025. But, on the very same day, the Government has issued G.O.Rt.No.51, dated 05.02.2025 replacing the Official Person In-charge with Non-Official PIC with previous Managing Committee under Section 32(7)(a)(i) of the Telangana Cooperative Societies Act, 1964 (for short, “the Act”) for a period of six months with effect from 05.02.2025. He further submits that respondent No.3 was governed by the directions of the Government and therefore, he has issued proceedings dated 07.02.2025.

4. Learned counsel for the petitioner has drawn the attention of this Court to the fact that the Unofficial Person In-charge Committee, which has now been appointed, is the previous Managing Committee which has already completed its term of five years and therefore, the said Committee could not have been appointed as Person In-charge Committee.

5. Having regard to the rival submissions made by both the parties and after perusal of the material available on record, this Court finds that under Section 32 (7) (a) (i) of the Act, Person In-charge or Persons In-charge can be appointed by the Government or Registrar, as the case may be. In this case, the Registrar has appointed Sri K. Adinarayana, Senior Inspector, O/o. District Cooperative Officer, Bhadradri Kothagudem as Official months and thereafter it was extended for a further period of three months. However, the Government by exercising its jurisdiction under Section 32 (7) (a) (i) of the Act appointed the earlier Managing Committee as Un-Official Person In-charge for a period of six months vide G.O.Rt.No.51, dated 05.02.2025. The power of the Government under Section 32(7)(a)(i) of the Act is not challenged in this writ petition.

6. Since the Government has already appointed the Person In-charge and that there is no prohibition that the earlier Managing Committee, whose term has already expired, again cannot be appointed as Person In-charge Committee, this Court does not find any merit in the writ petition.

7. Accordingly, the writ petition is dismissed.

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

____________________________ JUSTICE T. MADHAVI DEVI Date: 27.02.2025 ES