Giriputri Mahila Tribal Sand Quarry Labour Contract Mutually Aided Cooperative Society Ltd. Vs The State of Telangana

¶1

[321e 1

¶2

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

¶3

THURSDAY, THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

¶6

WRIT PETITION NO: 1471 OF 2025

¶7

Between:

¶8

Giriputri Mahila Tribal Sand Quarry Labour Contract Mutually Aided Cooperative Society Ltd., C-Kathigudem, Cherla lvlandal, Bhadradri Kothagudem District, Rep.by its President Smt. Y.Rajeswari W/o.Laxmaiah, aged 27^yea,S.

¶9

.....PETITIONER

¶10

AND

¶11

The State of Telangana, Rep.by its Principal Secretary Department of Cooperative Societies, Secretariat Buildings, Dr.B.R.Ambedkar Telangana State Secretariat, Hyderabad-

¶12

The District Collector, Bhadradri Kothagudem District.

¶13

The District Cooperative Officer, Kothagudem, Bhadradri Kothagudem District.

¶14

The Assistant Director of Mines and Geology, Kothagudem, Bhadradri Kothagudem District.

¶15

Sri Muthyalamma Thalli Mahila lsuka Quarry TLS MACS Limited, Gommupuliboinapalli, Gommupuli Boinapalli Viltage, Cheda Mandal, Bhadradri Kothagudem District.

¶16

.....RESPONDENTS

¶17

Petition Under Article 226 of lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue an appropflate Writ, Order or Direction more particularly in the nature of Writ of MANDAMUS declaring the action of the official respondents more particularly the action of 3rd respondent in issuing the Certificate of Registration dated 09-09-2024 in favor of 5th respondent as arbitrary, illegal, and violative of principles of natural^justice and also contrary to the spirit of the privilege granted by the Government by extending various benefits to the tribal in

¶18

the agency area and further also violative of fundamental r lhts guaranteed under the constitution of lndia and consequently set aside the C;e^(rficate of Registration dated 09-09-2024 in favor of 5th respondent.

¶19

I.A.NO:1 OF 2025

¶20

Petition Under Section 151 CPC praying that in the (r rcumstances stated in the affidavit filed in support of the petition, the High C:rr. rt may be pleased to grant stay of operation of certification of registration date(l 09-09-2024 granted in favor of 5th respondent, pending disposal of the writ petiti,:rr'.

¶21

Counsel for the Petitioner : SRI T.VASANTHA RAO

¶22

Counsel for the Respondent Nos.1 & 3 : GP FOR COOPEI?ATION

¶23

Counsel for the Respondent No.2 : GP FOR REVENUE

¶24

Counsel for the Respondent No.4 : GP FOR MINES AND (;EOLOGY

¶25

Counsel for the Respondent No.5 : -

¶26

The Court made the following ORDER

¶27

THE HON'BLE SMT. JUSTICE T. MADTIAVI DEVI WRIT PETITION No.l471 of 2o.25

¶28

I

¶29

ORDER:

¶30

This Writ Petition is hled declaring the action of respondent No.3 in issuing the Certifrcate of Registration dated O9.O9.2O24 in favour of Stn respondent, as being illegal, arbitrary and violative of principles of natural justice and for a consequential direction to set the Certification of Registration dated 09 .O9.2024.

¶31

Heard the learned counsel for the petitioner, learned Government Pleader for Cooperation appearing for respondent Nos. 1 and 3, learned Government. Pleader for Revenue appearing for respondent No.2 and the learned Government Pleader for Mines and Geolory appearing for respondent No.4.

¶32

Respondent No.3 has hled a counter affidavit stating that after receipt of representation from 6 members of the society, an enqurry has been caused and it hhs been found that the respondent society lacks quorum and therefore, it cannot be continued as MACS society as per law. It is further stated that the District Cooperative Officer, Bhadradri Kothagudem would now take steps to liquidate the 5h respondent society, basing on the report of the District Cooperative Officer dated 07 .O4.2O24.

¶33

2

¶34

In view of above facts and circumstances, it r-an be said that the grievance of the petitioner is addressed ancl lhe cause in^the writ petition does not survive for adjudication

¶35