Dismissed

Telangana Non Gazetted Officers House Building Co-operative Society Ltd. v. The State of Telangana

Telangana HC19 Jan 2023WP/44987/2022

Case brief

AI extract

What is this about?

This judgment records the disposal of a writ petition challenging the legality of a show cause notice issued by the Commissioner for Cooperation to the petitioner cooperative society. Noting that the notice had been withdrawn by the respondents, the court dismissed the writ petition as infructuous.

What did the court decide?

The writ petition is dismissed as infructuous standing no order as to costs be passed.

Telangana Non Gazetted Officers House Building… — Cooperative Societies | Telangana HC (2023)

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132e6 |

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HIGH COURT FORTHE STATE OF'TELANGANA AT HYDERABAD

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(Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT

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Between:

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITIO N NO:44 987 0F 2022

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Telangana Non Gazetted Officers House Buildins Co_operative Society Ltd, (Regd. N9.1-09{At..n"p.^{by irs president,Sri Eturi Sreeniiasa Rab, Slo.} :"eri"irin,".i.r\i".r r_ 8-l62ll , Lrninnagar, Klrammam District.

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AND

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...PETITIONER

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The State ofTelangana. Represented by its principal Secretary, Agriculture and

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Coop^eration ( I I ) Dept Telangana Secreiariat. HydLrabad.

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2 The Commissioncr for Cooneration.and Registiar ofCooperative Societies, Housing Board Complex, Narnpally.' H yderabad. '

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...RESPONDENTS

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Petition under Article 226 of the constitution of India praying that in the circumstances stated'in the affidavit fited therewirh; the High court may"be pteasea io issue a writ, order or direction more in the nature of Manldamus declaring ihe orde.s passed by the 2nd respondent in Rc.No.2r582 /2or r -HR2 dt.23.rr.2022 uJil"gui una arbitrary and contrary to the provisions of relangana Cooperative Societies Act 1964, without power and jurisdiction and authority and contrary to the orders passed by the Apex court reported in 20 l 3 (7) scc 25 (para 42) and ionsequently declare tnJt the respondent cannot initiate any proceedings for supersession against the petiiioners Society in the interests ofjustice.

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IANO:lOF2 022

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Petition under Section l5r cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to issue Interim Direction suspending the operation of the orders passed in in Rc.No.2l5g2l201 r-HR2 dt.23.1t.2022.

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Counsel for the Petitioner: SRI. P V RAMANA Counsel for the Respondents: GP FOR COOPEFATTON The Court made the follorving:

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HON'BLI' SF,J JUSTICE C. V. BHASKAR RT).O,DI' WR T PETITION No. 44987 of 2022

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ORDER:

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Writ Petit on is filed praying the Court to Ceclare the orders pass< d by the respondent No.:2 in R.C.No.21582/2OL1-HR2 dated 23. tL.2022 as ilegal, arbitrary and c tntrar5r to the provisions of the ,lelangana Cooperative So,:ieties Act, 1964 and also contt.ary to the orders passed ty the Apex Court reported in 2C13(7) SCC 25 and conse<luently to declare that the r:spondent cannot initiate my proceedings for supersessi<,n against tJre petitioner's I rociet5r.

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This Hon,ble Court was pleased to pass an order in LA.No. I of 2022 dated 20. I2.2O22 as follows:

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"Lear ned rrlut:.s;el for the petitioner submits tlrut eorlier, ut ten a shou cause^'notice u)as $suea on

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12.O7.2O2 I, the petitioner lws Jiled. W.i.-No lfSS; oy 2021 and . he same utas di.sposei of on 2g-.O7.2O21 artd against fl e sn id - order, the ietitioner Lns .1ted

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W.A.No.,4O.J of 2O!1, uherein o Oiri"ion Bench of this Co_urt, by yder d.ated 13.04.2022, ias ixtracted the releuant pc rtion of the show cause'notice ina observed. that^,, the s\otu cause notice makes it ueiiear that rfre 9org5"lo^{rcr and Registrarof the Coope'riiue} Socre ties has cdifclurted begond reasoiable a""it tiit the soc;<ztg

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LLas comm'tted serious irregularitis. fne lear ted Additional Aduocate General is fair enough in sta ing

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)

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before this Court that a liberty be granted to i.ssue a fresh^{shou.t cause notice and tlLereafier,the authorities} be permitted to poss oppropiate orders in accordance Luith lana'. Accordinglg, giuing liberty to the respondents, the Writ Appeal utas disposed of.

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Learned counsel for the petitioner further submits thnt the respond-ents laue issued earlier and ttrc said notice dated 23.11.2022 is reflecting the uery same content.

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Learned Asslstanf Gouernment Pleader for Cooperation attached to the Additional Aduocate General's offirn submits that the respondents tpill come up utith a counter aflidauit.

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The impugned order in this Writ Petition is a shout cause notice and the manner in uhich it zs lbsued is contrary to the orders po.ssed by the Diuision Benclt of this Court in W.A.No.4O3 of 2O21. This b nothing but uiolation of the orders passed bg this court. Thi,s Coourt intends to initiate suo motu contempt proceedings against the Commissioner and Regi.stror. It appears that the Olficers haue no respect to the orders of this Cou17.

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Howeuer, constdeing tLrc request of the learned Assistant Gouernment Pleoder that theg uLill come up u.tith a counter, post on 18.01.2023.

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Respondents shall not take ang steps pursuant to the notice dated 23.11.2022."

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Now when the matter has been listed today,

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learned Additional Advocate General has placed before this Court proceedings issued by the Commissioner

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addressed to the Additional Advocate General in

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R.C.No.21582l2Ol1-HR2 dated O5.01.2023 wherein it is

,//

mentioned tha: they have withdrawn the imptLgnerl show cause notice issued in the Writ petition.

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In view of the withdrawal of show ciluse notice impugned in : hs Writ petition, the cause in the Writ Petition does trot survive. Hence, the Writ petidon is dismissed as ir: fructuous.

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Ther,: shall be no order as to costs.

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As a seq rel, the miscellaneous petitiorrs, rf aly pending in the 'Vrit petition, shall also stand ckrsed.

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SD/.T.JAYASREE ASSIS I',\N'I' REGISTRAR

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//TRUE COPYI/

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SI!']TION oFFICER

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To, SI!']TION oFFICER l. One CC to SRI. p 2. Two CCs to Gp F,^{y^Yl14I4Advocate toPUCl} lourl )R COOPERATION ,High Cor.irt for rhe Sral: rrf J _,langana. 3. Two CD Copies

IIIGII COTIRT

CVBR, J

DATED:19/01/2023

s
aa
ORDER s+rr

WP.No.44987 ot'2022

WRIT PETITION IS DISMISSED AS INFRUCI'UOUS WITHOUT COSTS

Telangana Non Gazetted Officers House Building Co-operative Society Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Telangana Non Gazetted Officers House Building Co-operative Society Ltd. v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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