Special leave petition dismissed. The Bench held that the petitioner, who is neither a flat owner nor a member of any registered association in the community, lacks locus standi to file the writ petition challenging the registration. A fresh petition by the petitioner's wife was left open.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
[32s6 ]
(Special Original Jurisdiction)
MONDAY .THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO: 1207 OF 2020
Between
N. Sadanandam, S/o Late Sri N. Pedda Ramanna, Aged 64 years, Flat No. 23053, Janapriya Utopia Apartments, Attapur- Hyderguda, Hyderabad500048
...PETIT|ONER
AND
...RES,.NDENTS
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of Writ of
I
Mandamus declirring the Registration ofApartments Associationunderthe Societies Regist ation Act is illegal.arbitrary and consequerltly directthe Commissioner an J Registrar of Cooperative Societies andhi1; subordinateDistrict Registrar to regis ter the same under Mutually Aided CooperativeSocieties Act, 1955 by the State of Telangana
lA NO: 1 OF 2020
Petition unrler Section 151 CPC praying that in the circutnstances stated in the affidavit filed i r support of thepetition, the High Courtn'ray bepl,-.ased to direct the officials respo rdents to consrder the application of thepet ticrner at the earliest by quashing the rr:gistration granted to the Apartment Owners Asscciations under the Societies,pen iing disposal of the above writpetition lA NO: 2 OF 2020
Petition unc er Section 1 51 CPC praying that in the circ rrrlstances stated in the affidavit filed ir support of thepetition, the High Court may hre,plerased to direct the stamps and negistration Department to withdraw all lhe registrations and further direct the liegistrar of Cooperative Department to register the Apartment Owners Associatio r under the Mutually Aided Cooperative Soc eties Act, 1995
Counsel for the Pr,titioner: SRl. N. SARASA DEVI Counsel for the Rlspondents No.1: GP FOR REVENUE Counsel for the R(,spondents No.2:GP FOR AGRICULTURE counsel for the Rr,spondents No.3tos:GP FoR STAMPS ANE, REGISTRATIONS Counsel for the Rr spondents No.4to6: GP FOR COOPERATIT)N Counsel for the R( spondents No.8to10: M/s. KRUPACHAND GOGINENI Counsel for the R( spondents No.7&11: None Appeared The Court made tl" e following: ORDER
I I I
I
I I
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.12O7 of 2O2O
ORDER:
It is brought to the notice of this Court by Sri Gogineni Krupachand, learned counsel for the unofhcial respondents, that the petitioner herein is neither owner of any flat in the community in question, nor the member of any of the associations registered under the Telangana Societies Registration Act, 20O1 and the petitioner has no locus standi. 2. The said contention to the extent of the fact that the petitioner is neither member of any of the associations lead by respondent Nos.7 to 10 nor the petitioner has owned any flat in the community in question, is not disputed by the learned counsel for the petitioner. However, it is contended by learned counsel for the petitioner that the wife of the petitioner is having a flat in the community in question.
o
I
\
There rhall be no order as to costs. Mis:ellaneous
Petitions, if any, pending in this writ petition sltall stand
dismissc'd.
SD/- KRISHNA KUMAR trE)U'l'Y$EGISTRAR
\
//TRUE COPY//
-ll.i
I;ECTION OFFICER
To,
'1. Two CCs t r GP FOR REVENUE, High Court for :he Stet: of l-elangana, at Hyderabac [OUT] 2. Two CCs t ) GP FORAGRICULUTRE , High Court for tf e Stale of Telangana, at Hyderat ad [OUT]
Telangana at Hyderabad [OUT]
BM BS $r(
HIGH COURT
DATED:19t1212022
ORDER
WP.No.12tl7 of 2020
c <br>? n fi.l{ 2,i23
''-; ilt, :1; ' it; -,:' '
DISMISSIIIG THE WRIT PETITION WITI-IOt,,T COSTS
2 issues framed by the court
Whether the petitioner has the legal standing (locus standi) to challenge the registration of Apartment Owners Associations under the Societies Registration Act.
Whether the petitioner, being neither the owner of a flat nor a member of the registered associations, can maintain a writ petition.
N. Sadanandam
The State of Telangana, Rep. by its Principal Secretary, Revenue Department
The Commissioner and IG of Stamps and Registrations
The Secretary, Janapriya Utopia Flat Owners Welfare Association
M/s Janapriya Projects
MUMMINENI SUDHEER KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
