RUPIREDDY ESHWAR REDDY Vs. ARBITRATOR/ASSISTANT REGISTRAR

JUDGEMENT

(1.) This Writ Petition is filed praying to grant the following relief:

(2.) The Ekasila Co-operative Housing Society Limited (Society) is registered under Telangana Co-operative Societies Act 1964. This Society was formed with the avowed objective to buy, sell, hire, let, develop the land and to give loans to the members for construction of new dwelling houses in accordance with the Cooperative principles. The functioning of the Society is governed by the Bye-laws formulated by the Society. Bye-law No.5 deals with membership eligibility; Bye-law No.6 deals with the application for membership; Bye-law No.8 deals with disqualification for membership; and Bye-law No.42 deals with the procedure governing allotment of house plots to the members. For the purpose of this case, sub-clauses 10, 11 and 12 of clause 42 are relevant. Sub-clause 10 requires member, to whom a plot was allotted to construct a residential house within one year from the date of allotment of the plot. If a member fails to construct a house within the period stipulated, the Society is entitled to resume the site and allot it to another member. According to sub-clause 11, member is required to pay the costs of the plot allotted to him within 90 days from the date of allotment. It also requires payment of betterment levy within the time prescribed by the Society. According to sub-clause 12, on payment of all costs and fees in full, the Society should execute the sale deed. Bye-law No.43 deals with construction of houses.

(3.) Petitioner and 3rd respondent claimed to be the members of the Society. As can be noticed from the averments in the Arbitration Reference No.1 of 2020, according to 3rd respondent, Society acquired Acs.10.35 guntas of land in Sy.Nos.1001/1 and 1015 of Hanamkonda village. Layout of house plots was formed and 3rd respondent was allotted plot no.76 of an extent of 424.16 square yards coming within the Sy.No.1015 and the Certificate to that extent was issued. Possession was granted to the 3rd respondent and he continues to be in possession. According to 3rd respondent, Kakatiya Urban Development Authority (KUDA) approved the layout vide D.P.No.4/99. In the approved layout, plot allotted to the 3rd respondent was renumbered as plot No.37. According to the 3rd respondent, person by name Mr. P.Ramachandra Reddy, who was the father-in-law of the 3rd respondent and the member of the Society, was allotted plot No.75.