Telangana High Court

WP/28000/2007 of Basher Hussain, Vs the District Registrar of Co.operative (housing) Society, on 28 December 2007

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SRI JUSTICE N.V. RAMANA Writ Petition No.28000 of 2007 Dated: 28.12.2007 Between: Basheer Hussain and 4 others. .... PETITIONERS AND The District Registrar of Cooperative (Housing) Society MJ Market, Exhibition Grounds, Hyderabad and another. .....RESPONDENTS THE HON'BLE SRI JUSTICE N.V.

THE HON'BLE SRI JUSTICE N.V. RAMANA

Writ Petition No.28000 of 2007Dated: 28.12.2007

Between:

Basheer Hussain and 4 others.

AND

....PETITIONERS

The District Registrar of Cooperative (Housing) SocietyMJ Market, Exhibition Grounds, Hyderabad and another.

.....RESPONDENTS

THE HON'BLE SRI JUSTICE N.V. RAMANA

WRIT PETITION NO. 28000 of 2007

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Order:

Seeking a direction to the respondents for allotment andregistration of Plot No.12-A or 29 situated at Sy.No.29 P&T EmployeesCooperative Housing Colony, Secunderabad in favour of thepetitioners, the present writ petition is filed.

It is the case of the petitioners that though the Deputy Registrarof Cooperative Housing Societies, Secunderabad has passed anaward in ARC 13/97-G dated 16.8.1997 in favour of their father, therespondents are not implementing the said award by allotting land intheir favour and, therefore, they filed the present writ petition seekingappropriate directions to the respondents.

Heard the learned counsel for the petitioners as well as thelearned Government Pleader for Cooperation and perused the awardpassed under Section 62(4) of the Andhra Pradesh CooperativeSocieties Act, 1964 (for short ‘the Act’). Section 70-A of the Actprovides that every order or decision of a non-monetary nature madeunder the provisions of Sections 62, 76, 77 or 78 shall be executed bythe Civil Court having jurisdiction as if such order or decision is adecree of that Court on a certificate issued by the Registrar or anyperson authorized by him in that behalf.

In the instant case, the petitioners seek implementation of theaward passed under Section 62(4) of the Act. Therefore, as perSection 70-A of the Act, the petitioners have an effective alternative remedy to execute the award by filing an application before the CivilCourt having jurisdiction and the relief sought for by the petitionerscannot be granted to them in this petition filed under Article 226 of theConstitution of India.

For the foregoing reasons, the writ petition fails and it isaccordingly dismissed. No costs.

___________________

N.V. RAMANA, J.

Date: 28.12.2007

msv

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