Hyderabad: The Telangana High Court has directed the Adarsh Nagar Mutually Aided Cooperative Housing Society Limited to immediately grant membership to senior IAS officer Dr Srivatsa Krishna (1994:Karnataka), expressing strong displeasure over the prolonged delay in implementing an earlier court order.
The court ordered the society to convene an emergency board meeting and issue formal membership proceedings in favour of the petitioner by 10:30 am the following day, warning that failure to comply would require the society’s representative to appear personally before the court and face contempt proceedings.
Court Expresses Displeasure Over Delay
The matter came up before a Single Bench of Justice Jukanti Anil Kumar, which was hearing a contempt petition filed under the Contempt of Courts Act, 1971 against senior state government officials and representatives of the cooperative housing society.
Dr Krishna alleged that the respondents had failed to comply with the High Court’s order dated November 15, 2023, passed in a writ petition originally filed in 2011, directing the society to include his name in its membership list.
During the hearing, the court noted the absence of the concerned official despite the State being represented by senior counsel.
Justice Anil Kumar observed that contempt proceedings are meant solely to determine whether judicial orders have been complied with and cannot be used to reopen the merits of the original litigation.
Petitioner Alleges Continued Non-Compliance
Counsel appearing for Dr Krishna submitted that although the respondents had earlier assured the court that they would implement its directions, they failed to do so, compelling the petitioner to initiate a second contempt petition.
The petitioner also informed the court that the respondents had filed a writ appeal only after a delay of 32 months, long after the original order was passed.
According to the submissions, Dr Krishna had paid the prescribed membership fee of Rs 7.5 lakh in 2005, in three instalments, and sought treatment equal to that accorded to his IAS batchmates who had been admitted as members.
The petitioner further argued that objections previously raised regarding his ownership of property in Karnataka had already been examined and subsequently withdrawn by the society.
Court Refuses to Reopen Merits
The High Court made it clear that the respondents had only two options—either comply with the earlier judicial order or face the legal consequences of contempt.
The Bench declined to entertain any fresh arguments relating to the merits of the original dispute and directed the concerned official to appear personally before the court during the afternoon session. The matter was accordingly posted for 1:25 pm the same day.
Respondents Cite Supreme Court Judgment
When the hearing resumed, counsel representing the respondents relied on a Supreme Court judgment concerning the distribution of public land, arguing that government officials should not receive plots below market value.
However, the High Court clarified that the present case was not related to the allotment of public land or grant of any special benefit.
Instead, it held that the petitioner was merely seeking membership in the cooperative housing society after having paid the required amount more than two decades ago.
Membership to Be Granted on Par with Others
The Bench observed that the society was legally bound to honour the payment made by Dr Krishna in 2005 and grant him ordinary membership on the same terms as other members, subject to the parameters laid down by the Supreme Court.
To ensure immediate compliance, the court directed the society’s president to convene an emergency board meeting and issue formal membership proceedings by 10:30 am the following day, warning that any failure would invite personal appearance before the court and possible contempt action.
The case underscores the High Court’s emphasis on ensuring that judicial orders are implemented promptly and that prolonged administrative delays do not defeat the rights of litigants.
