HYDERABAD: The Telangana High Court declared the decision of the District Cooperative Officer/Registrar of Rangareddy district refusing to register an apartment flat owners society under the Telangana State Mutually Aided Cooperative Societies Act, 1995 (TMACS Act), as illegal and directed the officer to register the petitioner society under the provisions of the Act within one month.
Justice K Lakshman passed this order while allowing the petition filed by Sri Kalakuteers apartment flat owners challenging the authorities decision rejecting registration for the society under the TMACS Act.
The petitioner society having 150 flat owners had initially registered under the provisions of the Public Societies Act, and when the latter was dissolved, it was proposed to register the society under TMACS Act and accordingly framed byelaws. When the Assistant Registrar rejected the proposal, the society approached the High Court.
After hearing the case and perusing the material on record, Justice Lakshman said refusing to register the society under the TMACS Act was illegal, violation of fundamental right of a citizen guaranteed under Article 19(1)(c) and also contrary to Article 43-B of the Constitution of India. The judge directed the latter to register the petitioner society under the Act within one month and disposed the case.