VELAGACHARLA JAYARAM REDDY Vs. M.VENKATA RAMANA

JUDGEMENT

(1.) The respondents No.4, 6 and 7 in W.P. No.6212/2006 are before this Court in this appeal. They claim to be aggrieved by the order dated 20.04.2010 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad. By the said order, the learned Division Bench of the High Court has allowed the writ petition and quashed the award dated 28.01.2004 passed by the Divisional Co­operative Officer, Cuddapah acting as an Arbitrator in deciding the dispute raised under Section 61(1) (b) of the Andhra Pradesh Co­operative Societies Act, 1964 ( "APCS Act " for short). The said award had been affirmed by the Andhra Pradesh Co­operative Tribunal at Hyderabad, through its judgment dated 27.02.2006.

(2.) The facts necessary to be noted for disposal of these appeals are as follows:­ The Government of Andhra Pradesh through its G.O. Ms. No.956, Revenue Department, dated 22.08.1970, allotted land situate in Sy.No.752/2 and 91/1, Kondayapalli Tank bund to the N.G.O. Co­operative Building Society Ltd. for the purpose of formation of Layout and to allot sites to its members. The area was within the jurisdiction of Chinnachowk, Gram Panchayat at that point in time. The said Panchayat was later on merged in the Municipal Corporation, Kadapa, which presently has jurisdiction over the area.

(3.) There is not much dispute to the fact that in the said land a layout was formed and 625 members were allotted plots. The layout also consisted of specific areas earmarked for parks, playground, school, religious place, shopping area and parking place. The instant appeal relates to the respective plots which were allotted to the respondents No.1 in C.A.No.11015 and 11016/2017. The respondent No.1 in C.A. No.11016/2017 who died subsequently, was deleted from the array of parties. As such, the entire consideration in this appeal is limited to the plot measuring 3.2 cents allotted to the respondent No.1 (Mr. M.V. Ramana) in C.A. No.11015/2017. Since there has been an amendment to the cause title and certain parties who were parties to the original proceedings before the Divisional Co­operative Officer have been deleted, henceforth the parties will be referred to in the rank they were arrayed in the original proceedings for completeness and clarity.