Y. V. Manyavasi vs The State Of Telangana And 10 ...
2023 Latest Caselaw 554 Tel

         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

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

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.

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