A. NITISH REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed with the following prayer: To issue a writ or direction more specially one in the nature of writ of mandamus declaring the action of the 2nd respondent in registering the 3rd respondent as a society under the provisions of the Telangana Societies Registration Act 2001, vide registration certificate bearing number 1650/2015 dated 14/12/2015, as illegal arbitrary high handed and contrary to the provision 3(1) of the societies Registration Act and also contrary to the Judgment of this Hon'ble Court in WP No.3319 of 2013 and consequently set aside the registration certificate bearing number 1650/2015 dated 14/12/2015 issued by the 2nd respondent in favour of the 3rd respondent.

(2.) It is submitted that the petitioner is owner and resident of Villa No.08, Fortune Indra Villae, Guttala Begumpet, Madhapur, Hyderabad. The respondent Nos.4 and 5 herein styling themselves as President and Secretary along with the Executive Committee Members who are the owners of the Villas / Apartments, formed into an association, vide 3rd respondent, and approached the 2nd respondent for registration of the said association as a society under the provisions of the Telangana Societies Registration Act 2001 (for short, 'the Act'). The 2nd respondent in turn registered the same as a society in the name and style of Fortune Indra Villae Welfare Association, vide Registration Certificate bearing No.1650/2015, in terms of the provisions of the Act.

(3.) It is the case of the petitioner that since none of the aims and objects of the 3rd respondent are in strict compliance with the provisions of the Section 3 (1) of the Act, which deals with the registration of societies, the 2nd respondent cannot register the 3rd respondent. Hence he filed an application dated 22.01.2020 before the 2nd respondent to cancel the registration of the 3rd respondent. But the 2nd respondent issued a reply dated 11.02.2020 stating that he has no power to cancel the registration of the 3rd respondent. Hence the present Writ Petition.