Aided Cooperative Housing Society Limited, v. The State Of Telangana

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.5157 OF 2017 ORDER: (ORAL) (Per the Hon'ble Sri Justice S.V.Bhatt) A.P. High Court Employees Mutually Aided Cooperative Housing Society Limited is the petitioner.

The petitioner prays for the following relief:- ...this Hon'ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of "Writ of Mandamus" by declaring the action of the Official Respondent Nos.1 to 5 more particularly the Respondent No.5 in failing to take action and also not registering FIR against Unofficial Respondent Nos.7 & 8 including their office bearers in pursuance of Petitioner's written complaint dt.02-12-2016 who have confiscated the records and accounts of the Petitioner's Society with them which is under their custody without any authority, despite ignoring the request of the Respondent No.6 Letter dt.26-11-2016, vide Rc.No.

36/2011-MACS as arbitrary, discriminatory, highhanded and ex-facie illegal, dereliction of duty and also violation of Article 14 of Constitution of India and consequently may direct the Official Respondents more particularly the Respondent No.5 to register FIR against the Unofficial Respondent Nos.7 & 8 in pursuance of the Petitioner's written complaint dt.02-12-2016 with an immediate effect in order to hand over the records and accounts of the Petitioner's Society as per the directions of the Respondent No.6 said Letter dt.26-11-2016, vide Rc.No.36/2011-MACS, in the interest of justice and may pass ..."

The writ petition is listed along with W.P.No.36900 of 2016 and batch. Mr. Nazir Ahmed Khan made submissions in support of the writ prayer for considerable length of time and after arguing the matter for some time, and particularly taking note of the observations made by and orders passed by the Bench, Mr. Nazir Ahmed Khan, for the present, seeks liberty not to press the present writ prayer and also to agitate as and when the cause of action arises. The statement is placed on record and accepted.

With the above observations, the writ petition is dismissed as withdrawn. While dismissing the writ petition, we notice that the writ petition is permitted to be withdrawn in view of the orders passed by this Court in W.P.No.36900 of 2016 and batch from time to time. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, stand closed.

__________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ____________ S.V.BHATT, J 20th November, 2018 Pnb/ Lrkm