Telangana High Court

WP/34039/2021 of M.Narayana Vs The State of Telangana on 30 December 2021

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THE STATE OF TELANGANA AT HYDERABAD . (Special Original Jurisdiction) M. Narayana, Sio.Laxmaiah Aged about 60 years, Occ Retd. Employee R/o.H.No.8-1-28410U-361/1 , Flat No.201 OU Colony, Shaikpet, Golconda, HYderabad ...PETrroNER AND '1 . The State of Telangana, Rep. by its Principal Secretary

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD. [(Special ][Original ][Jurisdiction)]

THURSDAY ,THE TI-IIRTIETI.,I DAY OF DECEIVIBERTWO THOUSAND AND TWENTY ONE

PRESENT

THE HON'BLE SRI JUSTICE T.VINOD KUMAR

WRIT PETITION NO: 340s9 OF 2021

Between:

M. Narayana, Sio.Laxmaiah Aged about 60 years, Occ Retd. EmployeeR/o.H.No.8-1-28410U-361/1 HYderabad , Flat No.201 OU Colony, Shaikpet, Golconda,

...PETrroNER

AND

'1 . The State of Telangana, Rep. by its Principal Secretary Co-operative SocietiesDepartment Secretariat, Hyderabad.Department Secretariat, Hyderabad.

2. The Hyderabad District Government Employees Cooperative Housing Society Ltd., Rep. by its President Reg. No.146/HC/1958, situated at Maninagarl\/anikonda Jagir, Near Q City Financial District, Hyderabad.

3. G.Tuljaram, S/o.Anjaiah Aged tr/ajor, Occ . Hostel Welfare Officer l\/lG-11-5,Housing Board Colony Sadasivapet, Sangareddy -502 291.

...RESpONDENTS

Petition under Article 226 ol |he Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a writ order or direction more particularly one in the nature of Writ ofIt4andamus, declaring the Orders passed by the State Cooperative Tribunal,Telangana State in 1.A.No.177 oI 2021 in CTA No.2B of 2021, d1.0111212021 ingranting Ad-interim injunction restraining the petitioner from proceeding with theconstruction in Plot No.489 in Sy.No.203/P,204,205,206,207,208,209 and 210Padmeasuring 181 sq. yards situated at Manikonda Jagir Village, RajendranagarMandal, Ranga Reddy District as illegal, arbitrary, without [jurisdiction, ]contrary toSec.76 of Telangana Cooperative Societies Act, 1964 and consequently set asidethe same.

lA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the [petition, ]the High Court may be pleased toSuspend the Orders passed by the State Cooperative Tribunal, Telangana State inl.A.No.177 of 2021 in CTA No.28 of 2021 , dt.0111212021 in granting Ad-interiminjunction restraining the petitioner from proceeding with the construction in PlotNo.489 in Sy.No.203/P, 2O4,205,206,207,208,209 and 210P admeasuring 181sq. yards situated at [t/anikonda Jagir Village, Rajendranagar lvlandal, Ranga ReddyDistrict, pending disposal of the Writ Petition.

Gounsel for the Petitioner : SRI T. RAJINIKANTH REDDYCounsel for the Respondent No.1: GP FOR GO-OPERATIONCounsel for the Respondent No.2:---Counsel forthe Respondent No.3: SRI S. VIJAY PRASHANT

The Court made the following: ORDER

THE H( N'BLE SRI JUSTICE T. VINOD KUMAR'Vrit Petition No. 34039 of 2O2l

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ORDER:

Heard L arned counsel for the petitioner, learnedGovernment .,leader for Cooperation, and Sr. S.Vr.layPrashant, learr ed counsel, who entered appearance on behalfof the 3.a respo 1dent. With their consent, this Writ petition istaken up for he aring and disposed of.

2. This writ petition is filed aggrieved by the orcler passedby the State ( ooperative Tribunal in IA.No. tZT of 2O2l inCTA.No.28 of 2O2t dt.Ol.l2.2O2t, preferred by 3drespondent, gr rnting ad-interim injunction restraining thepetitioner fron: proceeding with the construction in plotNo.4B9 in Sy.Nt .203/p,2O4 to 2Og, & 210p admeasurring 1g1sq.yards situat( d at Manikonda Jagir village, Rajen,lranagarManda.l, Ranga ?eddy District.

3. Learned c,,unsel for the petitioner contends that thoughthe challenge is made to tine ad.-intertm injunction, petitioneris restricting hir prayer in the present writ petition seeking adirection to th: Tribunal to dispose of the sairl IA asexpeditiously as possible.

4. Sri S.Vijay [prashant, ]learned counsel appearin.g lor 3.drespondent subr rits that the said IA is posted for enqrrin, andhearing on 04.O .2022.

I

5, Having regard to the submissions made above, andsince IA.No. 177 of 2O2 1 itself is posted for enquiry andhearing on 04.01.2022, without expressing any opinion orview on the correctness or otherwise of the order impugned inthis Writ Petition, the State Cooperative Tribunal, TelanganaState, is directed to dispose of IA.No.l77 of 202 1 filed inCTA.No.2B of 2O2l pending on its file, on the next date ofhearing i.e., 04.O1.2022.

6. With the above directions, this Writ Petition is disposedof. No order as to costs.

7 . Consequently, miscellaneous petitions pending, if any,shall stand closed.

,TRUE COPY/I

^sBiJiriT+GlEii$,'liHGP,SECTION [OFFICER]

To,1.The Principal [Secretary Co-operative Societies Department' ][State of ][Telangana']Secretariat, [HYderabad]2.The President, [Hyderabad District Government Fmplovees Coooerative ][Housing]Societv Ltd., Res. [No ][laoiticjibda]"t'tijitio ][;iMrJfiin5sa' ][Manikonda Jasir']illiid c'iv'rinincial [District, ][Hvderabad ]^. .,34.S?'di'?e:S:':'5ii"Ii3i,iEl;J3,:Xii"HrEib'%?,"orre,ansanatr. i;; dct t" [GP ][for Co-operation, ][High ][Court ][for ][the ][S]at Hvderabad. [OUT]6. 6;;'cc;;!;i [b. ][vUiv ][Prashant' Advocate ][[oPUC]]7. Two CD [Copies]8. One SPare [CoPY]sm-t'

HIGH COURT

DA'IED:3011212021

ORDERWP.No.34039 [ot ][2021]

DISPOSING OF THE [VP]WITHOUT COSTS

,/PI

>\,, u.?a3 1 DIC if;ul

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