IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.18220 OF 2025 DATE : 26.02.2026 Between:

Sri B. Srinivas Rao and another …Petitioners AND The State of Telangana, Rep. by its Principal Secretary, Department of Cooperation, Secretariat Buildings, Secretariat, Hyderabad, Telangana State & 12 others.

…Respondents

ORDER

This Writ Petition is filed seeking a Writ of Mandamus a. declaring the action of Respondent No.2 in registering the Mutually-Aided Cooperative Society in the name of “Pristine Estates Villa Owners Maintenance Mutually Aided Cooperative Society Limited” bearing Registration No TS/RRD/MACS/2022-116/FOW&M, without an application being filed by the Petitioners (promoter of the project) and at the instance of some of the residents to the exclusion of majority of the residents, as being without jurisdiction and as illegal, arbitrary and contrary to the provisions of the Telangana Mutually-Aided Co-operative Societies Act, 1995 (for short, “TMACS Act”) and the Real Estate (Regulation and Development) Act, 2016 (for short, “RERA Act”) and the Apartments (Promotion of Construction and Ownership) Act and Rules 1987;

b. Consequently to set aside the registration of Respondent No 3 by Respondent No.2 and c. to pass such other order or orders.

2. Brief facts of the case, as stated in the affidavit filed in support of the writ petition, are that the writ petitioners and seven others owned land admeasuring Acs.24.11 guntas of land in Sy.No.159/Part, situated at Gopanpally Village, Serilingampally Mandal, Ranga Reddy District, having purchased the same under various registered sale deeds. The petitioners herein, being the absolute owners and also GPA holders of other owners, applied for permission to develop a gated community comprising of 105 independent houses, along with six units for Lower Income Group (LIG) and six units for Economically Weaker Section (EWS) and also sought building permission from GHMC and the same was granted vide Permit No.2581/HO/WZ/CIR-11/2010 dated 08.06.2011 and the validity of the building permission was subsequently extended by duly amending the Building Rules, 2012, and by virtue of such amendments, Permit No.2581/HO/WZ/Cir-11/2010 dated 08.06.2011 was statutorily validated for a period of six years.

2.1 It is submitted that pursuant to the said building permit, the petitioners developed the subject land into a layout and several plots in the developed layout were sold under the Registered Sale Deeds. Some of the plot purchasers entered into independent construction contracts with petitioner No.1 for construction or completion of under-construction villas and the project was named as “Pristine Estates”. It is submitted that a total of 95 villas have been sold, along with 12 LIG/EWS plots, making the total number of owners and residents as 107. It is submitted that the petitioners are also owners of some of the villas, and petitioner No.1 has retained 10 villas. It is further submitted that there are joint owners for some of the villas. It is submitted that 87 villas and 12 LIG/EWS plots have been sold and registered in favour of respective villa owners. Thereafter, some of the villa owners applied for registration of a society and respondent No.3 was registered with ill motives by falsely showing the total number of villas as 22 only. It is submitted that GHMC has visited premises of the gated community and has assessed the same for the purpose of property tax in the year 2020 and house numbers along with PTIN numbers were also allocated to all the 87 villas and 12 LIG/EWS units in the year 2020 itself and that the respective owners have also been paying property tax from 2020 onwards.

2.2 It is stated that the sale deeds executed in favour of all the purchasers contained clauses to the effect that the said purchasers shall become members of the association of all the plot owners of the layout by paying non-refundable deposit for ma