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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE G.M.MOHIUDDIN

WRIT PETITION No. 9094 of 2026

DATED : 30.03.2026 Between:

Mr. Ch. Gaffoor and others … Petitioners AND

The State of Telangana-represented by its Prl Secretary (Co Operative Societies), Secretariat, Hyderabad and three others

… Respondents

ORDER:

Sri G.U.R.C. Prasad, learned counsel appears for

petitioners.

Sri V. Bharath Kumar, learned Assistant Government

Pleader for Cooperation appears for respondent Nos.1 to 3.

Sri M.V. Durga Prasad, learned counsel appears for

respondent No.4.

2. This Writ Petition is filed with the following prayer:

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus seeking to declare the action of official respondents-2 and 3 in not taking steps to bifurcate the 4^th Respondent Society as “Telangana High Court Employees Mutually Aided Co- operative Housing Society Ltd” for the purpose of new Administrative

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Control, pursuant to the Reorganization of the State of Andhra Pradesh to that of State of Telangana, Hyderabad and State of Andhra Pradesh at Amaravathi, Vijayawada coupled with the allotment of some of the Members of the 4^th Respondent Society to the High Court for the State of A.P., as illegal, arbitrary and in violation of Article 21 and 300A of the Constitution of India and also the judgment of the Hon’ble Division Bench of this Hon’ble Court in W.P.No:16326/2019, dated 18.02.2022 and the Hon’ble Supreme Court reported in State of UP Vs Milkiyat Sing (CIVIL APPEAL NO(S).7050-7051 OF 2010) and Registrar Cane Co Operative Societies Vs. Gurdeep Singh Narval (CIVIL APPEAL NO.8743 OF 2013) and consequently, to direct the official respondents to take steps for bifurcation of the 4^th Respondent Society forthwith as “Telangana High Court Employees Mutually Aided Co-operative Housing Society Ltd” for the purpose of new Administrative Control in the interests of all the members of the 4^th respondent-society and for conducting

elections.”

3. The prayer made in the instant Writ Petition for bifurcation of respondent No.4 society vide representation dated 26.02.2026 to the Commissioner for Cooperation and Registrar of Cooperative Societies, Hyderabad, at the behest of the petitioners, who claim to be the interested members of the society and the family members of the deceased employees/members, is not in consonance with the legal requirement under Section 11 of the Telangana Mutually Aided Cooperative Societies Act, 1995 (for

short ‘the Act’).

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4. During the course of submissions, learned counsel for the petitioners has prayed for a direction to the official respondents to

conduct elections to the society for the purpose of its bifurcation.

5. Upon perusal of the record, this Court observed that the respondent No.4 society is registered under Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 (which is now adapted by the State of Telangana and renamed as the Telangana

Mutually Aided Cooperative Societies Act, 1995).

6. The process of bifurcation, change of name or reorganization of a society is a matter that lies within the domain of the society itself. The necessary steps for bifurcation of the society registered under the said Act must be initiated by the

society.

7. Further, the actions for reorganization/bifurcation of the society can be taken by the authorities under the Act only upon an application made by the society and not merely on the basis of

representation by individual members.

8. It was further noted that there exists no express statutory provision under the Act imposing an obligation upon the official

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respondents to bifurcate a society solely on the basis of a representation made by individual members. Furthermore, the plea to conduct elections