M. LAKSHMINARAYANA Vs. A. P. COOPERATIVE TRIBUNAL

JUDGEMENT

(1.) The petitioner herein had purchased a plot bearing No.31, admeasuring 5 cents, in survey Nos.625/1, 625/2, 625/3, 252/7 and 626/8, situated in Rayachoty Grampanchayat, Kadapa District, on 17/10/1989, by way of a registered deed of sale from the 3rd respondent-society. It is the case of the petitioner that he was a member of the 3rd respondent-society, and had been allotted this plot on 17/10/1987, much prior to the execution of the deed of sale.

(2.) In the year 2006, the 2nd respondent approached the 4th respondent-Arbitrator by filing A.R.C.No.1/2007-08 under Sec. 61(1) of the Andhra Pradesh Cooperative Societies Act on the ground that the said plot was originally allotted to the 2nd respondent and he should be declared as the owner of the property. The 4th respondent, dismissed this application. Aggrieved by the said order, the 2nd respondent had approached the Cooperative Tribunal, Warangal by way of CTA.No.39 of 2009. The Tribunal after hearing both sides had remanded the matter to the 4th respondent, for fresh adjudication. The 4th respondent took up the case again as ARC.No.2/2010-11 and dismissed the Arbitration Case by an order dtd. 22/10/2010. The 2nd respondent again filed an appeal against this order before the Cooperative Tribunal, Warangal and the same was numbered as CTA.No.1 of 2011. This appeal was transferred to the Cooperative Tribunal, Hyderabad and was renumbered as CTA.No.116 of 2011. The matter was transferred to the Andhra Pradesh Cooperative Tribunal, Vijayawada after the bifurcation of the State and renumbered as O.A.No.43 of 2014.

(3.) The Andhra Pradesh Cooperative Tribunal, Vijayawada allowed the appeal of the 2nd respondent against the petitioner, by way of an order dtd. 5/10/2015. Being aggrieved by the said order, the petitioner had approached this Court, by way of the present writ petition.