Writ Petition No. 25492 of 2012 · Andhra Pradesh High Court

This Writ Petition is filed seeking a mandamus declaring the action of the respondents in not allotting house plot to the petitioner in the land allotted by the Government in G.O.Ms.No.1033, dated 09.10.2003, which was approved by Hyderabad Metropolitan Development Authority vide letter No. 7273 / LO / CDA / Plg. / HMDA/2005, dated 21.05.2011 addressed to the fifth respondent – Hyderabad Public Servant Cooperative Housing Society, Hyderabad, as illegal and arbitrary. Petitioner is a retired employee of Revenue Department of the Government of Andhra Pradesh. In the

affidavit filed in support of the writ petition, it is stated that he has taken membership in the Government Servants Housing Cooperative Society vide receipt No.039, dated

19.01.1983 and later on, its name is changed Hyderabad Public Servant Cooperative Housing Society – fifth respondent. In this Writ Petition, it is the grievance of the petitioner that pursuant to its policy decision, the Government has allotted 50 acres of land in favour of the fifth respondent for the purpose of dividing the said land into house plots and to allot the same to the eligible members. It is stated that the petitioner submitted his application on 06.05.2005 for allotment of house plot. It is also stated that allotments were made ignoring the claim of the petitioner and in spite of his application, no steps have been taken for allotment of plot as per his request. A separate counter-affidavit is filed by the fifth respondent. In the said counter-affidavit, while denying various allegations of the petitioner, it is stated that the Writ Petition itself is not maintainable, in view of alternative remedies available under the Andhra Pradesh Cooperative Societies Act, 1964.

It is further stated that the petitioner had approached the Hon’ble Lok Ayukta by filing Complaint bearing No.2495/2011/B1, which in turn was disposed of by observing that the petitioner to approach appropriate authority under the Cooperative Societies Act to get his claim adjudicated. It categorically stated that the petitioner is not holding membership in the fifth respondent society, as such, he is not entitled for allotment of plot and in fact, there was no membership at all right from 1967 till September, 1990. It is further stated that receipt, dated 19.01.1983, which is relied upon by the petitioner is one passed by the District Secretary of TNGOs Union, which is totally a different legal entity. It is also stated that application bearing No.476 filed by the petitioner also does not relate to the fifth respondent and it relates to Hyderabad District T.N.G.Os Mutually Aided Cooperative House Building Society.

In this case, the only question which is required to be considered is whether the petitioner is entitled for allotment of the plot on his claim that he is the member of the fifth respondent society and he is the senior-most among the members. But, in the counter-affidavit, as referred to above, the fifth respondent disputed with regard to very membership of the petitioner and also receipt of the application from him for the purpose of membership and for allotment of plot. In view of serious disputes with regard to his membership in the fifth respondent society, the petitioner is not entitled to any relief as sought in this Writ Petition. If the petitioner claims membership and issuance of consequential directions for allotment of plot, there is no reason for not invoking the remedy, which is provided under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964. If an application is filed before the competent authority under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964, it is for the said authority to record evidence and findings on the claim of the petitioner.

In view of denial of very membership of the petitioner in the fifth respondent society, as averred in the counter-affidavit and in the absence of any proof to show that he was admitted as member in the fifth respondent society, no direction for allotment can be issued in this Writ Petition filed under Article 226 of the Constitution of India. For the aforesaid reasons, I do not find any merit in this Writ Petition as prayed for, and the Writ Petition is dismissed. It is made clear that liberty is given to the petitioner to approach the competent authority under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964. If any such application is moved, it is open for the competent authority to decide the same on its own merits without being influenced by any of the observations made in this order. No order as to costs. In view of disposal of the writ petition, WPMP.No.32484 of 2012 also stands disposed of. ______________________ R.SUBHASH REDDY, J 4th DECEMBER, 2012.