WP/21505/2000 of The Jubilee Hills Cooperative House Building Society Limited Vs G.Parvathi Rao on 29 December 2006

ORAL ORDER:

W.P.No.21505 of 2000

This writ petition is filed seeking a Certiorari to call for therecords relating to C.T.A.No.11 of 1995 on the file of the CooperativeTribunal, Hyderabad dated 1.5.2000 and quash the same as arbitraryand illegal.

The petitioner is the Jubilee Hills Cooperative House BuildingSociety Limited, Jubilee Hills, Hyderabad represented by its Chairmanand Committee of Persons-incharge. The first respndent was admittedas member of the petitioner society and was allotted with Plot No.204 inBlock No.I admeasuring 1100 sq.yards. After receiving fullconsideration, the said plot was registered in his name on 5.3.1980.

It appears, since there was a vacant site of 300 sq.yards on thenorthern side and 700 sq.yards on the western side, the first respondentapplied for allotment of the same in his favour and in fact the society hasallotted the said two pieces of land which are adjacent to the originalplot bearing No.204 in favour of first respondent and was in possessionof the same. Thereafter, in view of the apprehension that the society isgoing to disturb his possession, the first respondent raised a disputebefore the Arbitrator under Section 61 of the A.P. Cooperative SocietiesAct, 1964 vide A.R.C.No.27 of 1991. The petitioner society filed adetailed written statement denying the averments made by the firstrespondent stating that the allotment of 300 sq.yards on the northernside and 700 sq.yards on the western side in favour of first respondent isnot valid and no resolution was passed by the society for suchallotment. After detailed examination of both oral and documentaryevidence, the Arbitrator passed award dated 14.9.1994 grantinginjunction in favour of first respondent restraining the petitioner society from interfering with enjoyment of Plot bearing No.204 allotted in hisfavour which is inclusive of 1100 sq.yards registered in favour of firstrespondent on 5.3.1980. Aggrieved by the same, petitioner societycarried the matter in appeal before the A.P. Cooperative Tribunal inC.T.A.No.11 of 1995. The appellate authority, after perusal of the awardpassed by the Arbitrator and on examination of the entire material madeavailable on record, came to the conclusion that no ground is made outby the society calling for its interference against the award passed bythe Arbitrator in A.R.C.No.27 of 1991 and dismissed the appeal. Aggrieved by the same, society filed the present writ petition.

There is no necessity of going into all the details. It is suffice tonotice that there is no dispute as to the registration of Plot No.204 by thepetitioner society in favour of first respondent on 5.3.1980 after receivingfull consideration. There is also no dispute as to the allotment of 300sq.yards on the northern side and 700 sq.yards on the western side ofPlot No.204 on the application made by the first respondent. However,according to the petitioner, the said allotment is not valid in law. In viewof the apprehension, the first respondent filed A.R.C.No.27 of 1991against the society. May be, the allotment of 300 sq.yards on thenorthern side and 700 sq.yards on the western side in favour of firstrespndent is not valid under law, but as of now the first respondent is inpossession of the same, and the allotment made earlier is not indispute. Further, it is also not in dispute that the petitioner has paidconsideration for allotment of 300 sq.yards on northern side and 700sq.yards on western side and the said amount was neither returned norany proceedings were initiated by the society for cancellation ofallotment. Unless and until, the petitioner society takes an appropriatedecision as per law, it cannot interfere with the peaceful possession andenjoyment of the first respondent.

Therefore, I am of the opinion that no ground is made out to

Conclusion

Therefore, I am of the opinion that no ground is made out to interfere with the order passed by the appellate authority in C.T.A.No.11of 1995 dated 1.5.2000 wherein the order passed by the Arbitrator inA.R.C.No.27 of 1991 was confirmed. The writ petition is devoid ofmerits and liable to be dismissed.

Accordingly, the writ petition is dismissed. No order as to costs.

Date: 29.12.2006

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C.V.RAMULU, J

DA

29.12.2006

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

Date: 29[th] December, 2006

Between:

The Jubilee Hills Cooperative House BuildingSociety Ltd., Jubilee Hills, Hyderabadrepresented by its Chairman.

And

.. Petitioner

G.Parvathi Rao & others.

.. Respondents