G. Tuljaram vs M. Narayana
2022 Latest Caselaw 5556 Tel

Citation : 2022 Latest Caselaw 5556 Tel
Judgement Date : 1 November, 2022

Telangana High Court

G. Tuljaram vs M. Narayana on 1 November, 2022

Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy

    THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN

                                 AND

     THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                 WRIT APPEAL No.714 of 2022


JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


      Heard Mr. S.Vijaya Prashanth, learned counsel for the

appellant and Mr. T.Rajinikanth Reddy, learned counsel for

respondent No.1/writ petitioner.

2. This appeal is directed against the order dated

19.09.2022 passed by the learned Single Judge disposing of

Writ Petition Nos.10599 & 10824 of 2022 filed by respondent

No.1 and another.

3. Writ Petition No.10599 of 2022 was filed by

K.Sulochana assailing the order dated 21.01.2022 of the State

Cooperative Tribunal, Telangana State (Tribunal) in

I.A.No.178 of 2021 in CTA No.29 of 2021 directing the parties

to maintain status quo in respect of second subject land.

4. Writ Petition No.10824 of 2022 was filed by the 1st

respondent assailing the legality and validity of the order 2 HCJ & CVBRJ W.A.No.714 of 2022

dated 21.01.2022 passed by the Tribunal in I.A.No.177 of

2021 in CTA No.28 of 2021 directing the parties to maintain

status quo in respect of the first subject property.

5. Description of the first subject property is as

under:

"Plot No.489 in Sy.No.203/P, 204, 205, 206, 207, 208, 209 and 210P admeasuring 181 sq. yards situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District."

6. Likewise description of the second subject

property is as under:

"Plot No.580 in Sy.No.203/P, 204, 205, 206, 207, 208, 209 and 210P admeasuring 217 sq. yards situated at Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District."

7. It appears that Hyderabad District Government

Employees Cooperative Housing Society Ltd. (Society) has

allotted the first subject property to 1st respondent/writ

petitioner and the second subject property to K.Sulochana.

Aggrieved by the same, appellant preferred application before 3 HCJ & CVBRJ W.A.No.714 of 2022

the Deputy Registrar-cum-Arbitrator under Section 61 of the

Telangana Co-operative Societies Act, 1964. Deputy Registrar

dismissed the two applications of the appellant, against which

appellant filed CTA Nos.28 & 29 of 2021 before the Tribunal.

Interlocutory applications were filed in the two appeals in

which separate two identical orders were passed by the

Tribunal on 21.01.2022 directing the parties to maintain

status quo. Assailing the above two orders, the related two

writ petitions came to be filed. The two writ petitions were

allowed by the learned Single Judge in the following terms:

"Even though the learned counsel for the unofficial respondents has opposed the granting of any orders by this Court suspending the interim orders of the Tribunal, this Court having regard to the facts that the petitioners are in possession of the subject lands, that they have already raised constructions therein, as evidenced by the photographs filed by them, is of the opinion that balance of convenience is in favour of the petitioners and no prejudice would be caused to the unofficial respondents if the petitioners are permitted to complete the constructions pending disposal of the main CTAs. On the otherhand, if they are not allowed to complete the building, they will sustain irreparable loss as they have spent substantial amounts for getting building 4 HCJ & CVBRJ W.A.No.714 of 2022

permissions and laid slabs too. Moreover, the petitioners have given an undertaking that they will not seek any equities if any adverse orders are passed against them in the CTAs filed by the unofficial respondents herein before the Tribunal.

Having regard to the above, the impugned orders are set aside and the Tribunal is directed to dispose of CTA Nos. 28 and 29 of 2021, strictly in accordance with law, as expeditiously as possible, preferably, within a period of six months from the date of receipt of a copy of this order. It is made clear that in case any adverse orders are passed by the Tribunal against the petitioners, they shall not seek any equities. To that effect, the petitioners shall file affidavits before the Tribunal within a period of ten days from the date of receipt of a copy of this order. Further, pending disposal of the CTAs before the Tribunal, the petitioners shall not sell or create any third party interest over the subject properties.