TELANGANA NON GAZETTED OFFICERS Vs. PANKAJ DWIVEDI

JUDGEMENT

(1.) THIS is an application to reopen CC No.919/2011 and punish the respondent for having committed contempt of Court with regard to order dated 8.12.2010 in WP No.14702/2010.

(2.) THE brief facts leading to the filing of this application are stated hereunder: The petitioners filed WP No. 14702/2010 for a mandamus to declare the action of the Government of Andhra Pradesh, represented by its Chief Secretary, Deputy Secretary, General Administration (Service Welfare), Additional Registrar, Co-operative Societies Department and others, for not initiating action against respondent No.8 therein i.e., the President, Telangana Non- Gazetted Officers' Union (for short "the TNGOs' Union") on the representation dated 19.9.2008 made by petitioner No.1, as illegal and arbitrary. The petitioners sought for a consequential direction to the said respondents to prevent respondent No.8 from alienating or dealing in any manner in respect of any house site in the land to an extent of Acs. 160-29 guntas in Sy.Nos.35 and 36 of Gopanapalle Village, Ranga Reddy District. In the affidavit filed in support of writ petition, the petitioners averred that the TNGOs' Union, headed by its President, has indulged in several commissions and omissions on various aspects including allotment of plots, development of layouts etc., and that despite the representation made by petitioner No.1, no action was taken against the office-bearers of the said Union responsible for those commissions and omissions. This Court, after hearing all the learned Counsel, disposed of the writ petition by order dated 8.12.2010 with the following observations and direction:

(3.) UPON receiving notice in the contempt application, Sri Pankaj Dwivedi, the Chief Secretary to the Government, filed a counter-affidavit. He has pleaded that the Registrar of Mutually Aided Co-operative Societies, vide his proceedings dated 24.10.2011 ordered a statutory enquiry into the affairs of the Housing Society under Section 29 of the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short "the MACS Act") authorizing the District Co-operative Officer, Hyderabad (U) to conduct an inquiry and that the District Co-operative Officer conducted the inquiry and submitted her report through letter dated 27.4.2012 to the former. It is further averred that on processing the inquiry report, a copy of the same was sent to the District Co-operative Officer, Hyderabad (U) through Memo dated 2.5.2012 of the Commissioner under Section 31 of the MACS Act with a request to her to direct the Housing Society to place the inquiry report before the General Body within 30 days on receipt of the same; that the District Co-operative Officer, Hyderabad (U) was authorized to bring the observations in the inquiry report to the notice of the General Body for necessary action as per Section 31 of the MACS Act for rectification of defects/ irregularities as pointed out by the inquiry , officer and that the District Co-operative Officer, Hyderabad (U) is further requested to take appropriate measures to safeguard the interests of the members of the Housing Society and report compliance. It is further stated in the counter-affidavit that in respect of irregular allotment of plots as found in the inquiry report, the General Body of the Society has to take a decision in terms of the provisions of Section 20(2)(c)(5) of the MACS Act and that if the General Body fails to take action for cancellation of the irregular allotments and rectification of the defects, appropriate steps will be taken duly following the procedure.