Telangana High Court
WP/33977/2021 of Smt.K.Sulochana Vs The State of Telangana and 2 Others on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 33977 OF 2021 Between: AND 1. 2. Smt.K.Sulochana, W/o.Pushpendar, Aged about 56 years, Occ.
HIGH COURT FOR THE STATE [OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)
THURSDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HON'BLE SRI JUSTICE T.VINOD KUMAR
WRIT PETITION NO: 33977 OF 2021
Between:
Smt.K.Sulochana, W/o.Pushpendar, Aged about 56 years, Occ. AssrstantDirector, Ri/o.H.No.3-5-8451852, Flat No.201 Jagannath Residency, Near ApolloHospital, Hyderguda, Hyderabad.
...PETITIONER
AND
1.The State of Telangana, Rep. by its Principal Secretary, Co-operative SocietiesDepartment, Secretariat, Hyderabad.Department, Secretariat, Hyderabad.2.The Hyderabad Districl Government Employees Cooperative Housing Society !!d [, ][Rep: ][by ][its President, Reg. No.146/HC/1958, situated at Maninagar]
Manikonda Jagir, Near Q City Financial District, Hyderabad.3G.Anandham, S/o.Veeraiah, Aged about 56 years, Occ Govt, Employee, F/o. H. No.13-6-25013174, Vishweshwar Nagar Karwan, Hyderabad.
...RESPONDENTS
Petition under Article 226 o'f lhe 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 ofcircumstances 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 ofMandamus, declaring the Orders passed by the State Cooperative Tribunal,Telangana State in l.A.No.'1 78 oI 2021 in CTA No.29 of 2021 dt.O1l12l2O21 in, , granting Ad-interim injunction restraining the petitioner from proceeding with theconstruction in Plot No.580 in Sy.No.203/P, 204,205,206,207,208, 209 and 210padmeasuring 217 sq. yards situated at Manikonda Jagir Village, RajendranagarMandal, Ranga Reddy District as illegal, arbitrary, without jurisdiction, contrary toSec.76 of Telangana Cooperative Societies Act, 1g64 and consequenfly set asidethe same.admeasuring 217 sq. yards situated at Manikonda Jagir Village, RajendranagarMandal, Ranga Reddy District as illegal, arbitrary, without jurisdiction, contrary toSec.76 of Telangana Cooperative Societies Act, 1g64 and consequenfly set asidethe same.
lA NO: ['l ]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 ininjunction restraining 1.A.No.178 ol 2021 in the CTA No.29 petitioner of from 2021 proceeding , dt.O1t12t2O21 with the in construition granting Ad-interimin plotNo.5B0 in Sy.No.203/P, 204,205,206,207,208, 209 and 210p admeasuring 217sq yards situated at l\4anikonda Jagir Village, Rajendranagar Mandal, Ranga ieddyDistrict, pending disposal of the Writ petition.
Counsel for the Petitioner : SRI T. RAJINIKANTH REDDyCounsel for the Respondent No.1: Gp FOR CO-OPERATIONCounsel for the Respondent No.1: Gp FOR CO-OPERATIONCounsel for the Respondent No.2:--- counsel for the Respondent No.3: sRr s.vlJAy PRASHANT FoR sRI M. SATEESH
The Court made the following: ORDER
THE HOI 'BLE SRI JUSTICE T. VINOD KUMAR
W:it Petition No.33977 of 2O2l
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ORDER:
Heard lee rned counsel for the [petitioner, ][learned]Government Pl:ader for Cooperation, [and Sri ][S.Vijay]Prashant, learne C counsel, [who ][entered appearance on ][behalf]of the 3.a respon lent. With their [consent, ][this Writ ][P€,tition ][is]taken up for hea'ing and [disposed ][of.]
2. This writ tetition is filed aggrieved by the orderpassed by the itate Cooperative Tribunal in [IA.No.178 ][of]2O2l in CTA.No 29 of 2021 dt.01.12.2021, [preferrecl ][by ][3'd]respondent, gra rting ad-interim injunction [restraining ][the]petitioner from proceeding with the construction in [Plot]No.489 in Sy.No. ZO3 lP,2O4 to 2O9, [&' ][2lOP admeasuring ][217]sq.ya:'ds situate< at Manikonda Jagir [village, ][Rajendra:lagar]Mandal, Ranga F:ddy District.
3. Learned co"tnsel for the [petitioner ][contends ][that ][though]the challenge is [nade ]to [ltre ][ad-intenm ][injunction, ][petitioner]is restricting his [prayer ][in ][the ][present ][writ ][petition ][seeking ][a]direction to the Tribunai to [dispose ][of ][the ][said ][IA ][as]expeditiously [as ]; [,ossible.]
4. Sri S.Vijay Prashant, [learned ][counsel appearing ][for ][3'd]respondent subr its that [the ][said IA ][is ][posted ][for enquirv ][and]hearing on O4.Ql [2022.]
5. Having regard to the submissions rnade above, andsince IA.No. 17 8 of 202 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.17B of 202 I filed inCTA.No.29 of 2021 pending on its file, on the next date ofhearing i.e., 04.O7.2022.
6. With ti.re above directions, this Writ Petition is disposedof. No order as to costs.of. No order as to costs.
7. Consequently, miscellaneous petitions pending, if any, sha11 stand closed.
Sd/- L.SIVA PARVATHIASSISTANT REGISTRARCitSECTION OFFICER
//TRUE COPY//
To,1. The Principal Secretary, Co-operative Societies Department, State of [Telangana,]Secretariat, Hyderabad.1. The Principal Secretary, Co-operative Societies Department, State of [Telangana,]Secretariat, Hyderabad.
2. The President, Hyderabad District Government Employees Cooperative HousingSociety Ltd., Reg. No.146/HC/1958, situated at Maninagar Manikonda Jagir,Near Q City Financial District, Hyderabad.Society Ltd., Reg. No.146/HC/1958, situated at Maninagar Manikonda Jagir,Near Q City Financial District, Hyderabad.
3. One CC to Sri T. Rajinikanth Reddy, Advocate [OPUC]4, Two CCs to GP for Co-operation, High Court for the State of Telanganaat Hyderabad. [OUT]4, Two CCs to GP for Co-operation, High Court for the State of Telanganaat Hyderabad. [OUT]
[OUT]5. One CC to Sri S.Vijay Prashant, Advocate IOPUC]
6. One CC to Sri M.Sateesh, Advocate IOPUC]to Sri M.Sateesh, Advocate IOPUC]
7. Two CD Copies
8. One Spare Copy
srn /
d
HIGH COURTDATED:30/12l2021
ORDERWP.No.33977 [oI ][2021]
DISPOSING [OF ][THE ][V ][P]WITHOUT [COSTS]^){O.h aiJ