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2025 DIGILAW 1395 (TS)

G. Sarojini v. Government of Telangana

2025-11-06

ANIL KUMAR JUKANTI

body2025
ORDER: ANIL KUMAR JUKANTI, J. This writ petition is filed with the following prayer: “…call for records leading to issuance of Certificate bearing Registration No.312/2009, dated 25.02.2009, issued in the Name & Style as “Welfare Association of Rain Tree Park” issued by the 3 rd respondent in favour of the 4 th respondent and quash the same by issuing a Writ, order or direction, more particularly one in the nature of a writ of certiorari and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case.” 2. Heard Ms. Dasari Phani Rani, learned counsel representing Mr. M. Ravindra Babu, learned counsel for petitioner, learned Assistant Government Pleader for Revenue for respondent Nos.1 and 2, Mr. G. Murali Mohan, learned Standing Counsel for respondent No.7 and Mr. Ravinutala Venkata Subba Rao, learned counsel for respondent No.9. There is no representation on behalf of respondent No.4. 3. The case of petitioner is that she is the owner of Flat No.107, Block No.15, Malaysian Township, Rain Tree Park Apartments, Spinal road, Kukatpally, Hyderabad. There are 1776 apartments and residents of the apartment are formed into an association named “Welfare Association of Rain Tree Park” (for short ‘the Association’). The said Association has its office at Club House-I, 1st Floor, Rain Tree Park, Phase 14, KPHB Colony, Kukatpally, Hyderabad. The Association was issued registration certificate bearing No.312 of 2009, dated 25.02.2009, in the name and style of “Welfare Association of Rain Tree Park” under the provisions of the Societies Registration Act, 2001 (for short, ‘the Act’). Total number of members of the Association are 1200 members. 4. It is the case of petitioner that the Association is mismanaging the funds. It is further the case of petitioner that the society registered under the Act cannot exist as a local entity and it cannot operate its bank account under the Society’s name. 5. Learned counsel for petitioner invited the attention of this Court to an order of learned Single Judge in W.P.No.3319 of 2013. Learned Single Judge by order dated 05.03.2013 held that the registration cannot be sustained under the provisions of the Act as the society does not fit within the context of public purpose as defined under Section 3 (1) of the Act which only covers a group of residents of apartment. 6. Learned Single Judge by order dated 05.03.2013 held that the registration cannot be sustained under the provisions of the Act as the society does not fit within the context of public purpose as defined under Section 3 (1) of the Act which only covers a group of residents of apartment. 6. Learned counsel further invited the attention of this Court to a Circular issued by the office of the Commissioner and Inspector General, Registration and Stamps, Telangana, Hyderabad (Ex.P5 – page No.37) and contented that as per the contents of the circular, whenever a resident welfare association of apartments or buildings presents a document for registration under the Act, the authority shall verify the objects of Association and if they are falling under Section 3 (1) of the Act, they shall not refuse the document to register under the Act. 7. Relying upon the order of learned Single Judge, it is submitted that in view of the law laid down by the learned Single Judge, the certificate of registration issued by the Registrar of Societies bearing No.312 of 2009 under the Act, 2001 (Act 35 of 2001) on 25.02.2009, is an invalid certificate and respondent No.4 cannot style and call upon his Welfare Association of Rain Tree Park as a registered Association and that the registration is improper and certificate of registration needs to be set aside. 8. Learned counsel appearing on behalf of respondents submitted that the respondents, residents of Rain Tree Apartment, have formed themselves into an association and sought for registration under the name and style of “Welfare Association of Rain Tree Part” that the Registrar of Societies issued a certificate of registration dated 25.02.2009 bearing No.312 of 2009 under the Act and the said certificate was issued for the purposes of carrying out the objectives of the society. 9. Heard learned counsels, perused the record and considered the submissions. There is no representation on behalf of respondent No.4. 10. Certificate of registration dated 25.02.2009 was issued by the Registrar of Societies registering the Welfare Association of Rain Tree Apartment by granting registration No.312 of 2009 (Ex.P1). Ex.P3 is the Byelaws of the Association. It is pertinent to extract the relevant clauses of the Byelaws of the Association and they are as follows: 11. 10. Certificate of registration dated 25.02.2009 was issued by the Registrar of Societies registering the Welfare Association of Rain Tree Apartment by granting registration No.312 of 2009 (Ex.P1). Ex.P3 is the Byelaws of the Association. It is pertinent to extract the relevant clauses of the Byelaws of the Association and they are as follows: 11. Clause 1.4 is as follows: “JURISDICTION: The activities/services of the Association shall be confined to the residents of Raintree Park consisting of 1776 apartments.” 12. Clause 2.0 is as follows: “ OBJECTIVES AND FUNCTIONS OF THE ASSOCIATION Objectives of the Association is to be and to act as the Association of the owners of the residential apartments including the other segments of the residential colony called Raintree Park, Phase 14, KPHB Colony, Kukatpally, Hyderabad (hereinafter called the said building, buildings complex or township and to provide the following services to the residents in Raintree Park namely: a. Security and caretaking – to endeavour all that is feasible for safety and security of the township b. Electricity and street lighting in all common areas & roads c. Distribution of Water supply to all apartments, common areas club houses, gardens etc., d. Operation and Maintenance of Sewerage Treatment Plant e. Landscaping, maintenance and development of greenery f. Garbage collections & disposal g. Regular Pest control h. Lifts and House keeping i. Operation and Maintenance of the Emergency Diesel Generators for power backup j. Ensuring Fire Fighting systems operational at all times k. Protection, repairs and maintenance of roads, open spaces, tot-lots, parks, electric transformers, street lights, water tanks & sumps, drainage, pumps & motors and common areas provided or to be provided for the common use in “Raintree Park” bearing general Municipal No.15-31/RTP1.” 13. Clause 2.2 is as follows “ OTHER FUNCTIONS 2.2.1 Promote and maintain clean and hygienic environment. 2.2.2 To Promote social, economic, civic and cultural development within the township 2.2.3 To form Sub-Committees for core activities such as township level security, housekeeping, accounts, legal, electrical and such other activities as decided by the Management Council. Clause 2.2 is as follows “ OTHER FUNCTIONS 2.2.1 Promote and maintain clean and hygienic environment. 2.2.2 To Promote social, economic, civic and cultural development within the township 2.2.3 To form Sub-Committees for core activities such as township level security, housekeeping, accounts, legal, electrical and such other activities as decided by the Management Council. 2.2.4 To deal with the BUILDERS (M/s. SITCO Pvt. Ltd.) for the delivery of all the promised facilities in the township and obtaining from them, the declaration u/s. 14 of A.P. Apartments (Promotion of Construction and Ownership) Act, 1987 (if necessary) including the agreements entered into with statutory authorities like TSCPDCL, GHMC, HMWW & SB etc., as well as get them transferred to WAO-RTP. 2.2.5 To raise funds (as approved by the General Body from time to time) from residents and other sources for providing all common facilities and to achieve other objectives of the Association. 2.2.6 To maintain the Corpus and Sinking Fund deposited by the owners and to deposit the same in a Fixed Deposit in Nationalised Banks/Scheduled Commercial Banks or any of the securities specified in Section 20 of the Indian Trusts Act, 1882. 2.2.7 To make representations and enter into agreements with competent authorities (GHMC, Housing Board, Fire Dept., telephone companies etc.) to get the pending statutory works done for township or for other works in the interest of the residents of the Township. 2.2.8 To undertake periodical painting of the exterior and common areas of the premises and to undertaken repairs and replacement of any general, electrical, water and other equipment, lifts, machinery, gadgets etc., of the township. 2.2.9 To initiate legal proceedings or defend the Association in any legal matters/cases by/against the Association in respect of interest of the Association in protecting common properties of the township or any such rights of the Association. 2.2.10 To insure the whole or any part of building/property either fully or partially and ensure adequate cover for the common assets. 2.2.11 To utilize, invest or deposit the funds of the Association in a fit and advantageous manner. 2.2.12 To provide and maintain on its own account or jointly with individuals or institutions, educational social, cultural, recreational and public health facilities for the benefit of the members of the Association. 2.2.11 To utilize, invest or deposit the funds of the Association in a fit and advantageous manner. 2.2.12 To provide and maintain on its own account or jointly with individuals or institutions, educational social, cultural, recreational and public health facilities for the benefit of the members of the Association. Help and guide residents to promote community life of the township in organizing cultural, sports, library, literary activities and other activities and organize events which are of common interest.” 14. On a perusal of the clauses of byelaws of the Association, including the objectives and functions, it is apparent that the Welfare Association of Rain Tree Apartment is exclusively confined to the activities/services of the residents consisting of 1776 apartments, with a membership of 1200 members. Section 3 (1) of the Act is as follows: “ 3. Societies which may be registered under this Act - (1) Any seven or more persons forming a society which has for its object the promotion of art, fine art, charity, crafts, religion, sports (excluding games of chance), literature, culture, science, political education, philosophy or diffusion of any knowledge or any public purpose may be registered under this Act.” 15. On a perusal of Section 3 (1) of the Act, it is evident that a society whose object is for any of the purposes mentioned in Section 3 (1) of the Act or for any public purpose can be registered under the Act. The word public purpose has a wide connotation. 16. A similar question fell for consideration in W.P.No.3319 of 2013, dated 05.03.2013, a learned Single Judge of this Court considered the phrase ‘public purpose’. The relevant paragraphs are as follows: “… In Hamabai Framjee Petit vs. Secretary of State of India in Council , [(1911) 13 BLR 1097] , the High Court of Judicature of Bombay held that the phrase ‘public purpose’ must include a purpose i.e., an object or aim in which the general interest of the community as opposed to the particular interest of individuals is directly and vitally concerned. On appeal, this view was upheld by the Privy Council. While dealing with the phrase ‘public purpose’ a Constitution Bench of the Supreme Court in State of Bihar Vs. Kameshwar Singh , [ AIR 1914 PC 20 ] held as under: “…The expression ‘public purpose’ is not capable of a precise definition and has not a rigid meaning. On appeal, this view was upheld by the Privy Council. While dealing with the phrase ‘public purpose’ a Constitution Bench of the Supreme Court in State of Bihar Vs. Kameshwar Singh , [ AIR 1914 PC 20 ] held as under: “…The expression ‘public purpose’ is not capable of a precise definition and has not a rigid meaning. It can only be defined by a process of judicial inclusion and exclusion. In other words, the definition of the expression is elastic and takes its colour from the statute in which it occurs, the concept varying with the time and state of society and its needs. The point to be determined in each case is whether the acquisition is in the general interest of the community as distinguished from the private interest of an individual”. (Emphasis supplied) The members of respondent No.4-Association are private individuals who came together for the purpose of maintenance of the apartments purchased by them. Even if the term ‘any public purpose’ is stretched to its widest amplitude, none of the objects with which respondent No.4- Association has been formed, would satisfy the said term, for, ‘public purpose’ necessarily involves the interests of community at large and their well- being. In the context in which the phrase ‘public purpose’ is used in Section 3 (1) of the Act, by no stretch of imagination it can be held that it intended to cover a group of residents of a residential apartment. For the above mentioned reasons, the impugned registration cannot be sustained under the provisions of the Act and accordingly the same is quashed. This order, however, does not preclude respondent No.4-Association from registering itself under any other enactment, under which such registration is permissible. 17. Counter affidavit is filed by the General Secretary of the Welfare Association of Rain Tree Park. On a perusal of the contents of the counter affidavit, it is observed that the petitioner authorized her husband to represent her in the General Body Meetings of the Association and caste votes on her behalf as the byelaws grant such authority to the owner of the flat. On a perusal of the contents of the counter affidavit, it is observed that the petitioner authorized her husband to represent her in the General Body Meetings of the Association and caste votes on her behalf as the byelaws grant such authority to the owner of the flat. It is further observed from the contents of counter affidavit that the petitioner’s husband is in the habit of filing one or the other cases depending upon the body of Association in a selective manner and that he has a selective approach to disable the functioning of the Association. Details of such cases filed by husband of the petitioner are extracted in counter affidavit with all the details. 18. Paragraph Nos.24 to 26 of the counter affidavit are as follows: “24. It is submitted that from the above, it is clear that the State Government as a matter of rule through the Rules above referred made it mandatory to form an association under the provisions of A.P. Societies Registration Act, 2001 as applicable to the State of Telangana. Even the Government also observed and directed all the promoters to form an association under the provisions of the said Act and Rules made thereunder and thus the continuation of the 4th Respondent Association under the provisions of the Act further sanctified by the Rules of the State Government issued under G.O.Ms.No.212, dated 31.7.2017, thereby the existence and continuation of the 4th Respondent Association is valid and the contentions raised by the petitioner opposing the same are untenable and liable to be rejected in toto. On the top of it, the 4th Respondent Association in its General Body Meeting held on 31.1.2021 vide its Resolution No.8 unanimously passed a resolution to continue to function in its present form unless specifically and explicitly directed by the Competent Authority like State of Telangana through a G.O., hence it is not the petitioner or her husband decide or determine the continuation of existence of the present 4" Respondent Society and accordingly, the writ petition is liable to be dismissed. 25. 25. Coming to the various contentions raised by the petitioner, which are mainly focused on validity or otherwise of granting Certificate in favour of the 4th Respondent by the Competent Authority by granting registration under the provisions of Andhra Pradesh Societies Registration Act, 2001 (Act No.35/2001), it is submitted that the said contentions raised by the petitioner are suitably answered above and accordingly the writ petition is liable to be dismissed as unmerited and unsustainable in the eye of law. 26. It is further submitted that the petitioner failed to explain as to why she arrayed the Respondents 5 to 9 in the writ petition where the 4" Respondent Society is operating its bank accounts. The petitioner also suppressed the fact about similar relief sought in O.P. No. 704/2013 and dismissal of the said suit, which are deliberate and intentional acts and accordingly the writ petition is liable to be dismissed and the petitioner is liable to be punished for perjury. It is submitted that al the banks which have been arrayed as respondents 5 to 9 in the writ petition have no nexus whatsoever with regard to the issue of Registration of the 4th Respondent Association and accordingly to this extent the names of the Respondents 5 to 9 are liable to be struck off from the writ proceedings and relief sought in this behalf is liable to be rejected. 27. It is submitted that any attempt to curtail the operation of the bank accounts at the instance of a single individual or her husband would cripple the activities of the 4 th Respondent Association where the interest of 1776 units as well as approximately 6,000 members interest will be prejudiced and such a relief cannot be granted and as a matter of fact the wit petition is required to be dismissed on this ground alone. So far as the contention with regard to the provisions of the Act is concerned, it is submitted that the State Government has also made it clear through its Rules issued in G.O. Ms.No.212, dated 31.7.2017 and accordingly nothing survives in the writ petition and thereby the relief sought for in the writ petition as well as in the I.A. are liable to be rejected and the writ petition is liable to be dismissed with exemplary costs.” 19. Having perused the contents of the counter affidavit and the contentions canvassed on behalf of petitioner and learned Assistant Government Pleader including the Circular Memo, dated 28.01.2019, this Court is of the considered opinion that the impugned registration under the provisions of the Act does not satisfy the term “public purpose”. 20. The objectives and functions of the Association are for the purposes of activities/services of the owners of the apartment(s), who formed into an Association, and the objectives and functions do not in any manner come under the ambit/purview of ‘public purpose’. The view of this Court is reinforced by the view taken by the learned Single Judge in W.P.No.3319 of 2013. The contents of the circular are also clear that before registration, the objectives of the Association have to fall within the ambit as defined under Section 3 (1) of the Act. This Court is of the considered opinion that the registration cannot be sustained under the provisions of the Act. The certificate of registration bearing No.312 of 2009 issued by the Registrar of Societies, dated 25.02.2009, is liable to be set aside and is accordingly set aside. However, this does not preclude respondent No.4 Association from getting registered under any other Act. 21. Learned counsel appearing on behalf of respondent No.4 brought to the notice of this Court that all the bank accounts have been freezed. This Court is not inclined to delve into all these aspects as the challenge is with regard to the certificate of registration, dated 25.02.2009. 22. For reasons aforesaid, the writ petition is allowed. There shall be no order as to costs. Miscellaneous applications pending, if any, shall stand closed.