M SREEDHAR Vs. A P CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) In this writ petition, the petitioner challenges the order dt. 04.03.2008 of the 1st respondent in C.T.A. No. 5 of 2004 confirming the order dt. 15.09.2003 in ARC. No. 3 of 2002 of the 2nd respondent and seeks their quashing by issuance of a Writ of Certiorari. The petitioner is the purchaser of plot No. 59 admeasuring 493.3 sq.m. situated in Sy. Nos. 52, 138, 139 and part of Sy. No. 137, Yousufguda, Hyderabad, and forming part of layout plan approved by the Municipal Corporation of Hyderabad in proceedings No: Open/201/1966 at the instance of the 4th respondent Society (for short, 'Society') under a registered sale deed dt. 28.01.1988 executed by it in his favour through respondent Nos. 5 and 6. The petitioner obtained permission for construction from the Municipal Corporation of Hyderabad on 29.03.1989 and constructed a house in the said plot in 1989 and is in possession and enjoyment of the same.

(2.) The Society issued a notice dt. 24.11.2000 to the petitioner proposing to cancel the sale deed executed by it in his favour. The petitioner filed O.S. No. 6951 of 2000 before II Junior Civil Judge, City Civil Court, Hyderabad to declare the said notice dt. 24.11.2000 as illegal and beyond its competence and sought a perpetual injunction restraining the Society from cancelling the sale deed. On 30.07.2003, the said suit was decreed ex parte. I.A. No. 1012 of 2005 was filed by the Society to set aside the ex parte decree. On 07.04.2006, the said I.A. was dismissed. C.R.P. No. 3894 of 2006 was filed by the Society in this Court challenging the same. On 11.06.2009, the said CRP was allowed and consequently the suit was restored to the file of the trial court. Ultimately on 03.11.2009, the suit was dismissed.

(3.) In the year 2000, one V.G.K. Prasad, husband of 3rd respondent initiated proceedings ARC. No. 38 of 2000 under Section 61 of the A.P. Co-operative Societies Act, 1964 (for short, 'the Act') before the Divisional Co-operative Officer, Charminar, Hyderabad against petitioner and respondent Nos. 4 to 6 herein to declare the transfer/allotment and registration of Plot No. 59 in favour of petitioner is illegal and to direct the Society to re-allot it in his favour. He alleged that 3rd respondent is his wife and she was a member of the Society; that she transferred her membership to him in the year 2000; that earlier certain plots were allotted to her but they were found to be occupied by unsocial elements; so 3rd respondent requested the Society to allot alternative plot; that several illegalities were committed by respondent Nos. 5 and 6 while they were acting as President and Secretary of the Society; petitioner was admitted on 27.1.1988 as a member of the Society by Respondent Nos. 5 and 6 even though he was a minor, aged 13 years on that day, contrary to the bye-law No. 4 of its registered bye-laws; plot No. 59 had been allotted to 8th respondent by the Society and sale deeds dt. 20.05.1975 and 01.05.1984 were executed in his favour; 8th respondent later surrendered it to the Society; petitioner paid membership fee on 27.01.1988 and got himself admitted against membership No. 1222 and on the next day the respondent Nos. 5 and 6 (ex-President and ex-Secretary of Society) purporting to act as if they were its current office bearers executed a registered sale deed dt. 29.03.1988 in petitioner's favour; when 8th respondent got the property under the sale deeds dt. 20.05.1975 and 01.05.1984 from the Society, without cancelling the said sale deeds, it could not have executed any sale deed through respondent Nos. 5 and 6 in favour of petitioner; and therefore, the transfer/allotment and registration of plot No. 59 by the Society to petitioner is illegal and unsustainable and the Society should be directed to re-allot the same to him.