(1.) The appellant has challenged the legality of order dated 17-04-2019, passed by the learned Single Judge in Writ Petition No.7891 of 2019, whereby the learned Single Judge has dismissed the writ petition inter alia on the ground that it had been filed against a private society, respondent No.5, and since a private society is not covered by Article 12 of the Constitution of India, the writ petition is not maintainable. Secondly, there are disputed questions of fact with regard to whether there are any arrears owed by the appellant to the respondent No.5, society, or not. Such disputed questions cannot be adjudicated under the writ jurisdiction.
(2.) Briefly the facts of the case are that the petitioner had purchased a residential flat, bearing number A-104 in Block-A, first floor in Matrixx Majestic, situated in Yapral Village, falling under the Greater Hyderabad Municipal Corporation, Alwal Circle, Malkajgiri Mandal, Ranga Reddy District. According to him, there is a society, namely M/s. Matrixx Majestic Residential Welfare Society,respondent No.5, which looks after the day-to-day maintenance of the apartment building, collects maintenance charges, including for common area, and payment of electricity bills. However, according to the appellant, the respondent No.5, society, is not conducting itself in a legal manner. Therefore, he had raised his voice against its misconduct, and highlighted the illegal activities of the Management Committee. The petitioner had also filed a civil suit, namely OS.No.169 of 2015, before the Junior Civil Judge, Malkajgiri. In the said suit, temporary injunction order has been passed in favour of the appellant. According to the appellant, as a retaliating tactics, the respondent No.5, society, has issued a notice to the appellant on 25-02-2019, demanding that there is arrears of about Rs.10,125/-, which needs to be paid by him. Since the appellant was aggrieved by the said demand notice, he filed the writ petition. But, as mentioned above, the writ petition has been dismissed by the learned Single Judge. Hence, this appeal before this Court.
(3.) This Court has asked the learned counsel for the appellant a pointed query as to how a writ petition is maintainable against a private society i.e., respondent No.5 herein. According to him, since the respondent No.5, society, has disconnected the electricity and the water supply to his flat by exercising a power that it does not have, the appellant is entitled to invoke the writ jurisdiction of this Court.