E RAVINDER RADDY Vs. D RAMA KRISHNA

JUDGEMENT

(1.) The petitioner challenges the order dated 3-12-2001 in ARC No.384/2001 passed by the Divisional Co-operative Officer, Hyderabad West Division, the 3rd respondent, as confirmed by the Co-operative Appellate Tribunal through its order dated 31-8-2002 in CTA.No.257/2001.

(2.) The petitioner claims that he has been allotted Plot No.83 by the Teachers Co-operatives Housing Society Limited, Secunderabad, the 2nd respondent, in pursuance of a resolution passed in the year 1995. The plot is said to have been transferred through a registered deed. The 1st respondent raised a dispute under Section 61 of the A.P. Co-operative Societies Act (for short 'the Act'), alleging that he was the original allottee of Plot No.83 and paid consideration therefor and that the then Secretary, who is the father-in-law of the petitioner herein, had illegally and unauthorisedly transferred the plot in favour of the petitioner. He challenged the action of the society in transferring the plot in favour of the petitioner and sought for a consequential relief of transferring the same in his name. The matter was referred to arbitration as provided for under sub-section (1) of Section 61 of the Act. It was taken up as ARC No.384/2001. On receipt of notice, the 2nd respondent herein i.e., the society filed written statement. It has 751 almost admitted the factum of allotment of the plot in favour of the 1st respondent and payment of consideration therefor. On behalf of the society, it was pleaded that the previous Secretary one Mr.R.Narsimha Reddy, had resorted to several irregularities and has illegally transferred Plot No.83 in favour of his son-in-law, the petitioner herein. The society in fact stated that it has no objection for the claim of the 1st respondent being allowed.

(3.) The petitioner herein did not choose to file any written statement in the ARC. On the basis of the material before him, the 3rd respondent passed an award dated 3-12-2001. Aggrieved thereby, the petitioner preferred an appeal before the Co-operative Appellate Tribunal. The Tribunal, in turn, dismissed the appeal. Hence, this writ petition.