THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.27929 of 2014 Between:
Dated 04th December, 2014 The Jupiter Cooperative Housing Society Ltd., And …Petitioner State of Telangana, rep.by its Principal Secretary, Cooperation Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri Ch.Samson Babu Counsel for the respondents: AGP for Cooperation (TS) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of respondent Nos.2 and 3 in not handing over record to the petitioner allegedly taken in the year 2002 as illegal and arbitrary.
The Secretary of the petitioner in his affidavit pleaded that the petitioner is a service oriented society catering to the needs of deserving members, who do not have house sites, by providing house sites to its members, that since its registration in the year 1979, it has completed three ventures, that in the year 2002 several allegations were made against the persons who have been inimically disposed towards the deponent, as a result of which, the Managing Committee of the society was superceded and that the Special Officer, who has assumed the office, has taken the entire record under acknowledgment on 06.12.2001, 14.03.2002, 18.03.2002 and 30.05.2002. That thereafter on the representation of the petitioner, the competent authority has conducted elections on 20.01.2014, in pursuance of which the present Managing Committee has taken charge during the last week of January, 2014. The petitioner referred to several representations made in the year 2002, 2005, 2007, 2012 and finally on 15.09.2014 for return of the records.
It is further averred that in the year 2006, an arbitration case was filed by one Srihari before respondent No.2 vide A.R.C.No.7 of 2006, that the present Managing Committee has been appearing before respondent No.2 and that respondent No.2 has reluctantly granted time upto 20.09.2014 for filing counter affidavit. That a representation was made to respondent No.2 that the Managing Committee is handicapped due to non-availability of records and that in that context, letters are also addressed to respondent No.2, Joint Registrar (Housing), Hyderabad, Additional Registrar of Cooperative Societies (Housing), Nampally and also to the Registrar of Cooperative Societies (Housing), Hyderabad, that though respondent Nos.2 and 3 have received the letters, the records have not been returned.
This case has been coming up from 18.09.2014. The learned Assistant Government Pleader for Cooperation (TS) appearing for the respondents has stated that he has not received instructions.
Without the respondents deposing to their stand, it is not possible for this Court to render a finding as to whether the records are with respondent Nos.2 and 3 or not. In these circumstances, respondent Nos.2 and 3 are directed to consider the representations stated to have been made by the petitioner for return of the records and return the same, if the same are available with them. In a converse situation, respondent Nos.2 and 3 shall communicate their stand on the request of the petitioner in writing within one month from the date of receipt of a copy of this order.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.34976 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 04th December, 2014
VGB