Disposed

Sri Sri Kala Kuteers Apartment Owners, Wlefare Association v. The State of Telangana

Telangana HC4 Mar 2024WP/5365/2023

Case brief

AI extract

What is this about?

Apartment owners' welfare association sought mandamus directing registration under the Telangana Cooperative Societies Act, 1964 after its application was not considered. The High Court disposed of the petition permitting a fresh detailed representation with supporting documents and directed respondents to decide it in accordance with law within six weeks.

What the court decided

AI extract

Sri Sri Kala Kuteers Apartment Owners, Wlefare… — Cooperative Societies | Telangana HC (2024)

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[³³⁰⁰ ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION NO: 5365 OF 2023

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Between:

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Sri Sri Kala Kuteers Apartment Owners Welfare Association, rep by its chief promoter Avula Vijaya Laxmi W/o Avula Somaiah, Aged 51 yrs, Occ. House Wife, Fl/o. Flat No.A-503, R/o. SNR, SSKK Apartments, Chintalkunta, L.B. Nagar, Hyderabad-500074

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...PETITIONER

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AND

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1- The State of Telangana, Rep by lts Prl Secretary for Cooperatives, Secretariat Buildings, Hyderabad

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The Commissioner for Cooperation Cum Registrar of Coperative Societies, Road

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Telangana State 3rd floor Gruhakalpa Building tM J Nampally, Hyderabad

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The Joint Registrar cum District Cooperative officer, Ranga Reddy District '1 3floor Gagagana Vihar, Hyderabad

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed lherewith, the High Court may be pleased to issue Writ of Mandamus or any direction declaring action of the respondents in not registered the petitioner Society under Cooperative Societies Act Consider the application dl 09.O5.2022, presented by the petitioner society is nothing as arbitrary illegal against violation of Constitution of lndia Consequently direct the respondents authorities to register the Petitioner -Society under Telangana Cooperative Societies Act 1964 and further direct to issue its Certificate of Registration under Section 7 of the the Telangana Apartments ( Promotion of Construction and Ownership) ACT 1987.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying that in the circumstances^stated in the affidavit filed in support of the^petition, the^{HighCourt may be pleased to} direct the Respondent No3 to consider the application^{dated 09.05.2022pending} disposal of the writ^petition.

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Counsel for the Petitioner: SRI^{V.SRIKANTHARAO}

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Counsel for the Respondents:^{AGP FORCOOPERATION}

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA

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WRIT PETITION No.5365 0F 2023

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ORDER:

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This Writ Petition is filed seeking the following substantive

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relief:

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"...-. to issue Writ of Mandamus or any direction declaring action of the respondents in not registering the petitioner's Society under Cooperative Societies Act consider the application dated 09.O5.2O22, presented by the petitioner Society is nothing as arbitrary illegal against violation of Constitution of India. Consequently direct the respondents authorities to register the pe titioner-Socie ty under Telangana Cooperative Societies Act, 1964 and further direct to issue its Certificate of Registration under Section 7 of the Telangala Apartments (Promotion of Construction and Ownership) Act, l9g7 and pass....."

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Cooperation, appearing for respondents. Perused the record.

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The grievance of the petitioner, representing the proposed Association, is that she along with other 34 members were appointed as an Adhoc Committee to manage the affairs of the proposed Association i.e. Sri Sri Kala Kuteers Apartment

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NBK, J W.P.No.5365 of 2023

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)

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Owners Welfare Association, till regular managing Committee to be appointed and the petitioner r','as elected as Chief Promoter. On 09.05.2022 the petitioner made an application in Form-A along with list of the members, minutes of the preliminary meeting and Bye-Larvs for registration before the 3.a respondent under Rule 3 of Telangana Cooperative Societies Act, 1964, as per G.O.Ms.No.42 ol Municipal Administration & Urbal Development (Ml) Department dated 02.O2.2013 but the same was returned by 3.<t respondent directing the petitioner to submit on-line application in the website i.e. r,wr,-1r,. esahakaraser.a. qov- in, for taking further action. On 25.O5.2022 they' resubmirted the said proposal through registered post along with the ietter to the 3.d respondent stating that as per direction of 3.,r respondent, when they tried to submit their application through on-line in the website, they found only two options for submitting the application but there is no provision to submit the apptication under TS Apartments (Promotion of Construction and O'"vnership) Act and Rules, 1987 (for short the Act') and the-v could not make application through on-line since their application is for Apartment Owners Association' but not for 'Cooperative Society'. But there is no

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NBK, J W.P. No.5365 of 2023

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response from the respondents. As per amendment of Sub-Section (c), Rule 7 of the Act, the Commissioner for Cooperation and Registrar Cooperative Societies, Hyderabad, or any person authorized by him is empow,ered to register the Flat or Apartment Oll'ners' Association. Despite receiving several representations from the petitioner, 3rd respondent has not considered the same for registration of the proposed Association

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4 . Learned counsel for the petitioner submitted that the petitioner made representations on 24.11.2022, 15.12.2022 and O5.O 1.2023 requesting the 3.d respondent to register their Flat/ Apartment Ou,ners Association, but the same were not considered br' 3.a respondent and therefore, a direction to the respondents to register the proposed Association in the name ald style of 'Sri Sri Kala Kuteers Apartment Owners Welfare Association' may be issued.

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On the other hand, learned Assistant Government^pleader for Cooperation submitted that the request of the petitioner can be considered, if the petitioner submits a representation a_fre sh to the authorities concerned supported by ali the relevant documents. In case, if aly such representation submitted bl/

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NBK, J W.P. No.5365 of 2023

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the petitioner, the salrre \r'ould be disposed of bv the - respondents, n ithin a period of six rveeks.

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Learned counsel for the petitioner submirted that they rvould submit a fresh representation to the respondents.

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7 . Taking into consideration the submissions made on either side, without expressing anv opinion on the merits of the case, the Writ Petition is disposed of permitting the petitioner to submit a detailed representation to the respondents-authorities concerned, as required under law., rvith all supporting documents, within a period of tu-o (2) rveeks from the date of receipt of a copy of this order and on submission of such representation, the respondents are directed to consider the same and pass appropriate orders therein, in accordance with Ia*', within a period of six (6) *.eeks from the date o[ submission of such representation by the petitioner. No order as to costs.

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