Disposed

P. Sayyaji Rao v. The State of Telangana and 8 Others

Telangana HC18 Feb 2022WP/16326/2019

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed by a retired Joint Registrar of Telangana High Court seeking directions to bifurcate an employees' housing society. The Court held that it need not decide the maintainability or merits of the bifurcation application entered in this stage, leaving the petitioner to approach the Registrar under the Telangana Act. The petition stands disposed of withou

What did the court decide?

The writ petition was disposed of without costs; no specific order for bifurcation or mandamus was granted.

P. Sayyaji Rao Vs The State of Telangana… — Pension and Retirement Benefits | Telangana HC (2022)

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PRESENT

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HONOURABLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA

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AND

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Between:

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THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRI TPETIT,ON NO :1 J b F 1

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E"r',S,'.#r,tXa:Jt*ilf;

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"i,""i".:i%ffi^{fj?,i.1r,,HT:,occ:ReriredJoint}

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AND

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...PETITIONER

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J!i,',.in's"i: I:'#',j,iul 6?i!T;!l?jrlx;5iBy its prr secretary cooperative

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2 If8#;tltJ:,.arm-commissioner, cooperative societies, Stare of relansana,

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J The Diskict Cooperative officer,

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;mnrlffi #iil,s!,,'i"*i# ;j:] ?::::y::':"i

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5 The Djstrict Collector, Ranga Reddy District 6 sffi?H:L:r".^{Greater Hyderabad Municipal} Corporation, rank Bund,

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7 9i*"J"tJtJr:',ilff^{r, Greater Hvderabad} Municipar corporation, 5th Froor,

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8 ffi"J;t?:lf 'l1| f il;;;p".fjj:'^{rvderabad Municipar} corporation, sth

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I i,,i;,iilYIfr""1XrT:,18f"".%X,:,J?,y,A,B?1Eg go"",ive, Housins society Nos.6

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A1"l,i"i"ii?fi',:'fi,H:"[]i3. Ji:r,,,i:T,,:f

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^i:g,JJil,Respondenrs

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,,.RESPONOENTS

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Petition under Artidr- 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a Writ, Order or direction more particularly one in the nature of Writ of N/andamus directing the Respondents Nos 1-3 to take steps to bifurcate the gth Respondent Socjety pursuant to the bifurcation of the Common High Court at Hyderabad for both the States of A p and Telangana by creating new High Court for the state of AP and alotting the gth Respondent society members to the said A p

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y are^{no more the employeesof} , High^{Court and workingat A P High Courtandthe} for^{any benefit extendedbY the} High^{Court o{ Telangana and the are notentitle} State^{of Telangana'}

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lA NO:^{1 OF20'19}

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Petition^{under Section'151CPC prayingthat in the circumstances statedin} the^{aftidavit filed in sLlpportof the petition, the High courtmay be pleasedto direct} respondents^{to permitplot allottees includingthepetitioner hereinto constructthe} houses^{in their respectiveallotted plots periding disposal of the writ petition'}

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counsel^{for the Petitioner : SRI' PRABHAKER CHEKUDU} Counsel^{for the RespondentNos' 1 to 3 : GP FOR COOPERATION}

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Counsel^{for the Respondent Nos' 4 & 5 : GP FORREVENUE} Counsel^{for the RespondentNoS' 6 to I : SRIL' VENKATESWARARAO' SC FOR}

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No'^{e : SRI'M'V'DURGAPRASAD' sc FoRco-} ,r**r*rRespondent

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The Court^{made the following:ORDER}

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I I

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THE HON'BLE THE CHIEF JUS CE SATISIT CHAND SIIARMA AND

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TH HON'BLE SRI JUSTICE ABHINAND KU SHAVILI

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WRIT PETITION No.1632 6 of 2OL9

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ORDER, r;,",,r," H-.. btp tha ctuciJushc. sahsh chan.tr. shama)

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The petitioner before this Court, who is a retired Joint Regrstrar of the High Court of Telangana and who claims to be a Member of respondent No.9/the Andhra Pradesh High Court Employees Mutually Aided Cooperative Housing Society Limited (for short "the Society"), has filed this writ petition pralring for the following relief:-

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"F'or the reasons stated in the accompanying affidavit, it is thercfore pra-,ed tl'rat this Hon'ble Coufi may be pleased to issue a Writ, Order or direction more particularly one in the natule of Writ of Mandamus directing the Respondents Nos.l-3 to take steps to bifurcate the 9th Respondent Society pursuant to the bifurcation of the Common High Court at Hyderabad tor both the Stares of A P and Telangana by creating new High Court for the Shte of AP and allotting the 9d' Respondent Society members to the said A P High Court and working at A P High Court and they are no more the employees of High Court of Telangana and they are not entitle for any benefit extended by the State of Telangana and pass such other order or orders as the Hon'ble Court deems il fir ,n ulr lDleresl ofJusll('e.'

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The contention of the writ^petitioner is that the employees who have been allocated to the Andhra Pradesh High Court are still conlinuing to be the Members of^the Society and therefore, as the area of operation^{is withinthe} Twin Cities of Hyderabad and^{Secunderabad and Ranga} Redd,"-' District, such^{membersshotlldbe deleted from the} membership of the Society^{lt is an undisputedfact that} earlier the Andhra^{Pradesh Mutually AidedCo-operative}

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Societies Act,^{1995was inexistence'under s'hichtirrr} respondent^{No.9/ Society ''as registeredHou'ever'b-v.' alr} amendment dated^{19.04.2016r'e,G O Ms No'28dated} Ig.O4.2016, in^{the place of "AndhraPradesh"'"Telangana"} has been substituted.^{Section 4 of the TelanganaMutuallS'} Aided Co-operative^{Societies Act, 1995 (for short "the} Telangana Act")^{readsas under:-}

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Reglstratlon:'^{(l) Wherenotless than tlrent)oneindividuals} of class or category^{with commonbondageandeach beinga} member of a dilfetent^{familyor intend to lorm a Co-operativc} Society, or two or^{moreCo-operati'e Societies of aclassor} category with common^{bondage and re€{isteredunderthissectiorl} wish to lorm into a^{federation,or a society registered(underthe} provisions) of the Andhra^{Pradesh Co-operative Societics Act'} 1964 intends to convert^{itself into a coopclalile societl'under this} Act, they shall^{frame bye-la$s forthis pur-pose in accordance''ith} section 3 in the 6rst^instance.

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{Provided^{that no CooPerative Societ)'shaiibe registered} as a Dairy or^{milk CooperativeSocietl and no Dairvor milk Co} operative Society^{registeledundetartt' other lart shall be} converted into a^{dairyor milk Co-operativeSociety underthis} Act.l

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Provided lurther that^{any CooperativeSociety registered} under this Act^{if wishes to getitself convertedand incorporated} as Company under^{Companies Act1956, shall have to first return} the assets of the Government^{it .eceivedeither directly or through} any other agency^{and also return the Governmentland and} machinery received if any,^{and also anyoutstandingloans due to'} o! guaJantees or any of such assistance^{given by the Government'} Beiore applying for such conversion itself,^{a clearancecertilicate} to this effect from the State Government^based on^the recommendations of the Registrar on whom^porvers are conlerred as under section 4 of this Act shall be obtained.^{No Cooperative} Society which is a beneficiary of Government^{in terms of fuods or} land or any other assistance in any^form as on date^{has notftllh} repaid/.eturned to the Cove.nment, can 8et^registered under Companies Act.

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Provided further that a Cooperative Societl' regjstered under this Act and migrated to Companies Act or any other Act (other than AP Co-operative Societics Act, 1964) \,ithout

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returning the Govemment^{properties(movable} or immovable) and without settling the legacy issues with the Government, such as goodwill are deemed to have returned back to this Act and shall be covered under the definition of Society either under this^{Act or} under thc Andhra Pradesh Cooperative Societies Act, 1964,^{as the} case rnav be, notwithstanding any resolution^passed by^the Ceneral body of the Society, in contravention of it.

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(1A) Not\'ithstanding anything contained under this^Act or under the provisions of the Andhra^{PradeshCo-operative} Socielies Act, 1964, all the^{Dairy/MilkCo-operativeSocieties} regislerecl or deemed to have^{been registeredor convertedunder} the provisions of this Act, shall be^{deemedto havebeenexcluded} fr'onr thc provisions of this Act and^{deemedtohavebeen} registercd and continued^{uoder the provisionsof the Andhra} Pradesh Co-operative Societies^Act,1964

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(2)^'lhereafter an application for registration shall^be subriritted to the Registrar by^{handor byregisteredpost.} (3) Evco such application shall be accompanied^by:- (al llrc oliginal and one copy of the bye-laws oi^the protrose(l Co-operative Societv as adopted by the in.livjcluals or delegates of^{Co-operative Societieswhowish} to iorm into a co'operative^{societyunder thisAct or by the} genera) bod! of a Societ] registered unde,^{the Andhra Pradesh} Co-operative Societies Act, 1964^{whichwishestoconvert} rtseli into a Co-operative Society under^this Act: (b) A list of names of individuals or^cooperatives *ho wish to form into a Cooperative^{Societyunder thisAct} or of the members of^{the committeeof the societyregistered} under the Andhra Pradesh^{Co-operative SocietiesAct, 1964} which intends to convert itself into a^{CooperativeSociety} under this Act with their^{addresses,occupations andtheir} linancial commitments along^{withaddress/andIdentity} proof of self and family members ie Aadhaar/Food Sccurit), card to the^{proposedCo-operativeSociety'}

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(c) a true copy of the minutes of the^{meetingat which} the ble-laws^{were adopted,dulysignedby atleasta majority of} individuals or delegates^{present at themeeting where the bye-} la!'s !!'erc adopted.^{or by a majolityof the membersof the} comrritlee of thc^{Co'operativesconcerned where aSociety} regjstcred under^{lhe AndhraPradesh Co-operative Societies Act'} l96zi interlds^{to concertitseli intoa Co-opetative Societyunder} rhls Act; (d) registration^{fee amountingtoone percentofthe} rotal authorized share^{capital bywhatevername called}

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subject to a minimum of one hundred rupees and^a maximum of ten thousand ruPees; and

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(e) In the case of a Society registered under section 7 of the Andhra Pradesh Co-operative Societies Act,^{1964and $'ishing} to convert itself into a Co-operative^{Societ)- under} this^Act, evidence to show that the Societ) has returned to^the Govemment, the share capital, ioans, land/properties (movable/immovable) subsidies, concessions, interest it received from the Government and No-objection Certillcate issued by the Government in this regard before its application for conversion into this Act can be considered.

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{4)^{The Registrarshall if he is satisfiedthat,}

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(a) the application is in conformit)' rvith the requirements of this Act:

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(b) the proposed bye laws are not cort|arv lo tl-re provisions of this Act; and

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(c) the name of the proposecl Co-opcralive Societr, rs nor the same as that of a Co-operalive Societv alreadv registered under section 7 of the Andhra Pradesh Co-opcrative Societies AcL, 1964, register the Co-operative Society and also its bye-la$s and communicate by registered post a certificate of registration and the original of the registered bye-laws signed and sealed bv hirn, \a,ithin period of sixty days from the date of submission of application, to the Chief Promoter mentioned in the application.

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{5}^{If the conditionslaid downin sub section (4} are nor} fulfilled, the Registrar shall communicate by registered post the order of refusal togethel with the reasons therefor, within sixt.,days from the date of submission ol application, ro the Chiel' Promoter.

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(6) There shall be appointed a Registrar of Mutually Aided Co-operative Societies for t}le State and as many other Officers as the Govemment may think lit for the purposes of this Act."

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The aforesaid statutory provision of lar,l, makes it l,en, clear that in case a society is registered under the provjsions of the Andhra Pradesh Cooperative Societies Act, 1964. it can certainly file an application for its registration uncler rhc Telangana Act. Section 44 of the Telangana Act also provides for conversion of society under this Act to Telangana State ,^{Cooperative Societies} Act. Meaning thereb,., it is the socictv

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$'hich can file an application for conversion as Telangana High Court Employees Mutually Aided Housing Cooperative Housing Society Limited. The petitioner shall certainly be free to file an appropriate application before the Registrar and if such an application is preferred, the Registra-r shall be free to proceed ahead in accordance with law.

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At this stage, learned counsel appearing for respondent No 9 has categoricar-v srated that the petitioner is not even a member of the Society at present. The aforesaid statement is seriously disputed by the other side.

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Hou,ever, !.e are not entering into the aforesaid controvers"v and in case, the petitioner is a member, he shall certair-ri,v be free to proceed ahead in accordance with law, keeprng in view the statutory provisions contained under the 1'e langan:r Acr and rhe application shall be decided, in accordance u,ith lar.v, keeping in view the Bye-laws of the Society.

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With the aforesaid, the writ petition stands disposed of.

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Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

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SD/-PADMANBHA REDDY ASSISTANT REGISTRAR ,TRUE COPY// <sup>,/ sEcTtoN oFF|CER

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To,

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' #ia IJ::::L1e],,coo,Tu"ti'"^{Depa rtment, secreta riatB uirdinss, srate or} ' Iffii;fi;tJ,,tlcum-commissioner,^{cooperative societies, state of rerangana,}

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The District CooDeralivc .)fficer. Hyoerabad (Urban) District. Hyderabad. The Prl Secretarv Revenle Oeoariment. Sei[#iii Prl Secretarv Revenle Oeoariment. Sei[#iii Secretarv Revenle Oeoariment. Sei[#iii Revenle Oeoariment. Sei[#iii Oeoariment. Sei[#iii Sei[#iii "Al"iiiings. state orstate oror

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The Prl Secretarv Revenle Oeoariment. Sei[#iii Prl Secretarv Revenle Oeoariment. Sei[#iii Secretarv Revenle Oeoariment. Sei[#iii Revenle Oeoariment. Sei[#iii Oeoariment. Sei[#iii Sei[#iii "Al"iiiings. state orstate oror Telangana, Hydtirabad.

The District Collector, Ranga Reddy District.

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The Commissioner, Greater Hyderabad N,4unicipal Corporation, Tank Bund, Hyderabad.

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The Chief City Planner, Greater Hyderabad Municipal Corporatjon, Sth Floor, Tank Bund, Hyderabad.

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L The Assistant City Planner, Greater Hyderabad Municipal Corporation, sth Floor, Tank Bund. Hyderabad.

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1 0. A. P Hrgh Court.Employees Mutually Aided Co Operative, Housing Society Limited, Hyderabad,.

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'l 1 , One CC to SRl. PRABHAKAR CHIKKUDU, Advocate. IOPUC]

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12.Two CCs to GP FOR COOPERATION, High Court for the State of Tetangana at Hyderabad. [OUT]

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'I 3. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

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14.One CC to SRl. L. VENKATESWARA RAO, SC FOR GHMC, Advocate. [OPUC] 15.One CC to SRl. M.V. DURGA PRASAD, SC FOR CO-OPERAT|VE SOCIETIES, Advocate. [OPUC]

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Two CD Copies

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1 7. One Spare Copy

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TR,t

HIGH COURT

DATED:18/0212022

ORDER

1HE ST4
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WP.No.16326 of 2019

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

P. Sayyaji Rao v. The State of Telangana and 8 Others

Case brief

What is this about?

What did the court decide?

P. Sayyaji Rao v. The State of Telangana and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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