THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
WRIT APPEAL No.148 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Mr. S.Ram Babu, learned counsel for the
appellant; Ms. G.Jyothi Kiran, learned Government Pleader
for Cooperation appearing for respondents No.1 to 3; and
Mr. Kadiyala Ravi Chandra Mohan, learned counsel for respondent No.4.
2. This appeal is directed against the order dated 16.11.2022 passed by the learned Single Judge disposing of W.P.No.41145 of 2022 filed by the appellant as the writ petitioner.
3. Appellant had filed the related writ petition praying for the following relief:
To issue a writ or order or direction more particularly one in the nature of writ of mandamus
i) directing the official respondents to appoint an official administrator by superseding the present Management 2 Committee ii) to expel the management committee i.e. Respondents No. 5 to 11 as members of the society;
iii) direct the Respondents No. 2 to conduct detailed inquiry and to finalise the eligible members of the society before conducting the elections; iv) direct the official respondents to conduct the elections within a period of 6 months from the date of suppression; v) and to pass such other orders as this Hon'ble Court deem fit and proper in the facts and circumstances of the case and in the interest of justice.
4. After adverting to the rival submissions made at the bar, learned Single Judge noticed that appellant had submitted a representation before respondents No.2 and 3 on 17.01.2022 highlighting his grievances vis-à-vis functioning and state of affairs in the Telugu Cine Workers Cooperative Housing Society. Accordingly, learned Single Judge disposed of the writ petition by directing respondents No.2 and 3 to consider the representation dated 17.01.2022 of the appellant within a period of five weeks from the date of receipt of a copy of the said order.
5. Assailing the aforesaid order, learned counsel for the appellant submits that learned Single Judge had 3 overlooked the statutory provisions of the Telangana Cooperative Societies Act, 1964, as well as the statutory enquiry report under Section 51 of the aforesaid Act.
6. Learned Government Pleader for Cooperation has however placed before us a copy of the order dated 07.01.2023 passed by the District Cooperative Officer, Ranga Reddy District, disposing of the representation dated 17.01.2022 filed by the appellant.
7. Learned counsel for respondent No.4 submits that subject matter of the writ petition and the writ appeal is also the subject matter in C.T.A.No.17 of 2021, which is pending before the Cooperative Tribunal at Hyderabad.
8. That being the position, we are not inclined to entertain the writ appeal. If the appellant is aggrieved by the subsequent order dated 07.01.2023, it is open to the appellant to avail his legal remedy or pursue the proceedings before the Cooperative Tribunal.
9. Subject to the above, writ appeal is dismissed. 4
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ N. TUKARAMJI, J 02.02.2023 vs