In this Writ Petition, the petitioners are seeking a Writ of
Mandamus declaring the order of the 1st respondent dt.29.12.2012 in
Rc.No.562/2012/P & E/S/T, as illegal, arbitrary and malafide and as
without any authority of law and jurisdiction and consequently to set
aside the same and to pass such other order or orders.
2. Brief facts leading to the filing of the present Writ Petition are
that the 1st petitioner is a registered firm engaged in the business of real
estate and petitioners No.2 to 4 are its partners. The 1st petitioner claims
to have purchased a land from the 6th respondent society on 14.05.2012
for a valuable sale consideration. An extent of Ac.36.30 guntas was
purchased at the rate of Rs.8,00,000/- per acre for a total sale
consideration of Rs.2,94,00,000/- and the 1st petitioner claims to be in
possession and enjoyment of the land from the date of its purchase. It is
submitted that the sale of the property was pursuant to the resolution
passed by the members of the 6th respondent society in the general body
for alienation of the land and after a dispute has arisen, the petitioners
made enquiries and came to know that on 04.06.2011 the 6th respondent
society had decided to hold general body meeting on 09.06.2011 and on
09.06.2011 general body meeting was held and the issue of alienation of
a part of the land out of Ac.46.30 guntas of land was discussed and it
was unanimously accepted to alienate the part of the land and a
resolution was passed giving the President and the Vice President the
authority to alienate the said land. It is stated that the intention of the 6th
respondent society was to have a housing complex in the remaining
extent of land for the benefit of its members. It is submitted that the
parties who participated and accepted the resolution, as an afterthought,
raised a dispute before the 1st respondent by filing an application under
Section 61 of the Telangana Cooperative Societies Act, 1964 against
respondents No.7 and 8 herein, who are respondents No.1 and 2 therein,
alleging that they have indulged in many malpractices and were
involved in criminal cases and that the land was sold for a higher price
but they have shown lower price in the documents to avoid stamp duty
and that the amount received as sale consideration is not credited to the
account of the society and that it was credited in the personal accounts
of interested members. With similar allegations, respondents No.2 to 5
herein have also raised a dispute before the 1st respondent, but they did
not challenge the alienation made by the society as it is out of the
purview of the enquiry of the 1st respondent. The 1st respondent passed
an interim order directing the authorities to stop layout permission until
further orders. According to the petitioners, the 1st respondent has
exceeded his jurisdiction and granted interim order against Kakatiya
Urban Development Authority and District Panchayat Officer who are
not parties to the proceedings before him, that too in respect of a sale
transaction which has already taken place. Challenging the said interim
order, this Writ Petition has been filed.
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