Y.KRISHNA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the action of the 2nd respondent in registering the 4th respondent society in R.C.No.3602762-12762 dt.21/2/2023 and issuing a registered certificate dt.21/2/2024 for formation of society with unilateral approval of bye-laws of the society as Sampoornam Flat Owners/Residents Welfare Association contrary to the permission granted by the 3rd respondent dt.25/5/2023 for formation of Ad hoc Committee for maintenance of association and in further allowing to conduct elections for it without consideration of their representation dt.3/4/2024 as illegal, arbitrary, unconstitutional, violative of Articles 19(1) and 300A of the Constitution of India and contrary to the provisions of the Telangana Mutually Aided Cooperative Societies Act, 1995 and consequently to direct the 2nd respondent to cancel the registration certificate dt.21/2/2024 and to pass such other order or orders.

(2.) Brief facts leading to the filing of the present Writ Petition are that the Telangana Housing Board has taken up a project in the Government land to develop a residential community in the year 2010. The Board invited applications and allotted the flats. Some of the flats were completed in the year 2014 and some in the year 2016. However, all the flats are not occupied by the allottees. In the meantime, the Board has addressed a letter to the allottees to form a residents welfare association and take over the maintenance of the flats. The flat owners have submitted representations to continue the maintenance of their flats. However, the Board has informed that the maintenance would be taken up only till 31/7/2023 and the maintenance would be handed over to the welfare association with effect from 1/8/2023 and to form an Ad hoc Committee to take over such maintenance job. It is alleged that an Ad hoc Committee was formed without informing all the other flat owners and they themselves submitted representation/application before the 2nd respondent authority for registration of the society and the same was registered on 21/2/2024 and thereafter, elections were also sought to be held on 21/4/2024. The petitioners, however, submitted representations to postpone the elections since all the flat owners have not yet become members of the society and when the same was not considered, the petitioners have filed the present Writ Petition challenging the registration of the 4th respondent society itself as bad in law and also as contrary to the provisions of the Telangana Mutually Aided Cooperative Societies Act.

(3.) Initially, this Court, vide order dt.18/4/2024, had directed all the parties to maintain status quo as on the date of the order in all respects and subsequently, vide order dt.3/5/2024, the same was modified to the extent of allowing the Ad hoc Committee to manage the day-to-day affairs of the society. Thereafter, the 4th and 2nd respondents have filed their respective counter affidavits along with stay vacate petitions in I.A.Nos.2 and 3 of 2024 respectively and the 3rd respondent has also filed its counter.