Telangana High Court
K.S. Gopal vs The State Of Telangana on 25 March, 2025
THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL
AND
THE HON'BLE SMT. JUSTICE RENUKA YARA
WRIT APPEAL No.349 of 2025
JUDGMENT (Per the Hon'ble the Acting Chief Justice Sujoy Paul):
Sri T. Raghunath Reddy, learned counsel for the
appellant and Sri Sheetal Srikanth, learned counsel,
represents Sri Narendar Naik, learned counsel for respondent
No.4.
2. This Intra-court appeal takes exception to the orders
passed by a learned Single Judge in W.P. No. 31957 of
2023, dated 04.02.2025, whereby the prayer of the
appellant was not entertained and the appellant was
relegated to avail the remedy under Section 23 of the
Telangana Societies Registration Act, 2001 or any other
remedy available to him.
3. Briefly stated, the appellant preferred an application
dated 21.09.2023 before the Registrar of Societies,
Hyderabad. In turn, the said authority by order dated
03.10.2023 declined interference and opined that the
appellant can avail the remedy under the Arbitration and
Conciliation Act, 1996 or file appropriate application before
the concerned District Court. Aggrieved by this order dated
03.10.2023, writ petition was filed by the appellant. The
learned Writ Court declined interference and gave aforesaid
liberty to the appellant.
4. Learned counsel for the appellant, by taking this
Court to the representation of the appellant dated
21.09.2023, submits that as per the Memorandum of
Association/Bye-laws, the Office Bearers of the Society were
required to act in a particular manner. The Annual General
Body meeting has not been conducted for the last 30 years.
The appellant has also made certain other allegations in his
representation dated 21.09.2023. Learned counsel for the
appellant submits that there exists no dispute between the
parties and the appellant is only insisting for adherence of
mandatory procedure. Thus, learned Single Judge has
erred in not entertaining the writ petition.
5. No other point is pressed.
6. We have heard the learned counsel for the appellant
at length.
7. The contents of representation dated 21.09.2023
and the argument of learned counsel for the appellant show
that the appellant is insisting that the business/activities of
the Society should be conducted in a particular manner.
However, if other side is not responding to it or not acting in
consonance with appellant's wish, there exists a dispute
between both of them.
8. Section 23 of the Telangana Societies Registration
Act, 2001 reads thus:-
"23. Dispute Regarding Management:
In the event of any dispute arising among the
Committee or the members of the society, in respect of
any matter relating to the affairs of the society, any
member of the society may proceed with the dispute
under the provisions of the Arbitration and Conciliation
Act, 1996 (Central Act 26 of 1996), or may file an
application in the District Court concerned and the said
court shall after necessary inquiry pass such order as it
may deem fit."
9. A careful reading of this provision makes it clear that
the provision is wide enough to deal with any matter
relating to the affairs of the Society. Thus, the appellant
has a statutory efficacious alternative remedy and
accordingly, learned Single Judge has taken a plausible
view which does not warrant our interference.
10. The Writ Appeal sans substance and is hereby
dismissed. No costs.
Interlocutory applications, if any pending, shall also
stand closed.
___________________
SUJOY PAUL, ACJ
____________________
RENUKA YARA, J
Date: 25.03.2025
Myk/Tsr
