Telangana High Court
Golden Leaves Villa Owners Mutually … vs The State Of Telangana on 14 May, 2025
THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI
WRIT PETITION NO.6797 OF 2025
ORDER
This Writ Petition is filed by the petitioner to set aside the order
dt.13.02.2025 passed by the 3rd respondent Co-operative Tribunal in
I.A.No.218 of 2024 in O.P.No.33 of 2024 and to forbear the 3rd
respondent Co-operative Tribunal from proceeding further in O.P.No.33
of 2024 and to pass such other order or orders.
2. Brief facts leading to the filing of the present Writ Petition are
that respondents 4 and 5 herein have filed O.P.No.33 of 2024 before the
Co-operative Tribunal under Section 37(1) of the Mutually Aided Co-
operative Societies Act, 1995 seeking a direction to the respondent
society not to issue election notification and not to proceed with the
election due on 15.10.2024 for the posts of Directors (as the term of 6
Directors expires on 15.10.2024) till the disposal of the O.P., and along
with the said O.P., respondents 4 and 5 herein have also filed
I.A.No.218 of 2024 for an interim prayer. The Co-operative Tribunal,
vide order dt.04.10.2024 in the said I.A., had directed the society not to
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proceed further in issuance of notification till the case is heard on merits
as two other connected O.Ps., i.e., O.P.Nos.2 and 13 of 2024 are also
pending adjudication before the Tribunal. Challenging the same, the
society filed a Writ Petition before this Court in W.P.No.28457 of 2024.
This Court had set aside the order of the Tribunal dt.04.10.2024 and
directed the Tribunal to pass orders on merits afresh in accordance with
law by considering the contentions of both the parties.
3. It is stated that when the matter was taken up afresh, instead of
deciding the matter on merits, the Tribunal has made the interim order
dt.04.10.2024, which has already been set aside by the High Court, vide
order dt.22.10.2024 in W.P.No.28457 of 2024, absolute till the disposal
of the main O.P. which is to be heard along with the two other
connected O.Ps., i.e., O.P.No.2 of 2024 and O.P.No.13 of 2024.
Challenging the same, the present Writ Petition is filed.
4. Learned counsel for the petitioner submitted that the order of the
Tribunal is clearly not in accordance with the directions of this Court
and is in fact contumacious in confirming the order which has already
been set aside by this court. He is therefore seeking setting aside of the
same and to direct the Co-operative Tribunal to pass orders on merits.
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5. Respondents 4 and 5 have filed a counter affidavit supporting the
stand taken by the Tribunal. It is submitted that the Tribunal has
considered the matter afresh and has deemed it fit and proper to continue
to stay the elections. Learned counsel for respondents 4 and 5 submitted
that though the wording of the Tribunal may not have been appropriate,
the Tribunal also considered the issue on merits and has passed the order
on merits and hence there is no reason to interfere with the impugned
order.
6. Having regard to the rival contentions and the material on record,
this Court finds that on earlier occasion, the Tribunal had held that there
were two other connected O.Ps., i.e., O.P.No.2 of 2024 and O.P.No.13
of 2024 relating to the said society and therefore, all the three O.Ps.,
have to be heard together and till such time, there shall not be any
elections to the society. This Court, vide orders dt.22.10.2024 in
W.P.No.28457 of 2024, has observed that pendency of O.P.No.2 of
2024 and O.P.No.13 of 2024 would not affect the hearing of O.P.No.33
of 2024 and therefore, the matter was remanded for reconsideration of
the order in I.A.No.218 of 2024 in O.P.No.33 of 2024. The Tribunal,
however, has only reiterated the facts of the case in its order till para 32
and in the penultimate para 33 of its order has observed that the
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petitioner has to lead evidence in O.P.No.33 of 2024 and that the time
due for elections as per bye-laws expired on 15.10.2024 and the next
elections will be due on 15.10.2025 and therefore, prima facie case and
balance of convenience is in favour of the petitioner not to disturb the
interim order. The Tribunal has thus made the interim order granted on
04.10.2024 absolute. This order of the Tribunal is therefore in utter
disregard to the orders of this Court and thus contumacious. Once the
interim order has already been set aside by this Court, it ceases to exist
and therefore, the Tribunal could not have made the said order absolute.
Further, this Court had directed the Tribunal to hear the matter afresh
and decide the matter on merits, but there is no discussion of the issue
on merits at all. Therefore, the impugned order dt.13.02.2025 passed in
I.A.No.218 of 2024 in O.P.No.33 of 2024 of the 3rd respondent Co-
operative Tribunal is set aside and the Tribunal is directed to re-hear
I.A.No.218 of 2024 in O.P.No.33 of 2024 and pass a speaking order
thereon on merits in accordance with law.
7. Registry is directed to place this order before the Hon’ble the
Chief Justice to call for remarks of Smt. Koka Radha Devi, District
Judge/Chairperson (FAC) of the Cooperative Tribunal, Telangana at
Hyderabad for passing the impugned order in utter disregard to the
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orders of this Court and without application of mind making the interim
order which has been set aside by this Court as absolute, for suitable
action against the District Judge/Chairperson.
8. Registry is further directed to mark a copy of this order to the
Principal Secretary to Government, Agriculture and Cooperation
Department, Telangana Government Secretariat, Hyderabad-500022 for
taking suitable action against Smt. V.Sumitra, Additional
Registrar/Member-I of the Cooperative Tribunal, Telangana at
Hyderabad by calling for her remarks for passing the impugned order in
utter disregard to the orders of this Court and without application of
mind making the interim order which was set aside by this Court as
absolute.
9. With the above directions, the Writ Petition is allowed. No order
as to costs.
10. Pending miscellaneous petitions, if any, in this Writ Petition shall
stand closed.
___________________________
JUSTICE T. MADHAVI DEVI
Date: 14.05.2025
Note: 1. Registry is directed to place this order before the Hon’ble the Chief Justice for the purpose
mentioned in Paragraph No.7 of this order.
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2. Registry is directed to mark a copy of this order to the Principal Secretary to Government,
Agriculture and Cooperation Department, Telangana Government Secretariat, Hyderabad-
500022 for the purpose mentioned in Paragraph No.8 of this order.
B/o Svv