Andhra Pradesh High Court
Judges : R.RAMANUJAM
Taj Electronics Company - Appellant
Versus
Commissioner for Co-operative Enquiries and Ex-Officio secretary to Government, Food and Agriculture (Co-op- III) Department, Hyderabad - Respondent
Decided On : 09-25-01
Andhra Pradesh Co-operative Societies act – Section 2 3 52 and 79 (b) – Small scale industry – Purchase of land from Government - Petitioners thereafter set up their small- scale industrial units in their respective plots and are running same - All six writ petitioners are small entrepreneurs and are members of co-operative Industrial Estate Limited Hyderabad respondent herein which is a Society hereinafter referred to as Society registered under provisions of Andhra Pradesh Co-operative Societies act hereinafter referred to as Act Society purchased about of land from Government of Andhra Pradesh in Kukatpally and qutbullahpur Industrial Area in year for purpose of establishing a co-operative Industrial Estate for Small scale Industrial Units -After developing that land Society divided same into plots and allotted them to its members - Some such plots were allotted to petitioners herein extent of plots thus allotted to petitioners range from yards – Held, Board of Directors have not considered objections explanations submitted by petitioners and came to an independent conclusion would be further clear from a perusal of impugned cancellation orders - Cancellation order in case of petitioner in Writ Petition has already been extracted hereinabove and similar orders were passed in all the other cases - A perusal of same would clearly show that Board of Directors of society have clearly abdicated their duty to consider objections explanations submitted by petitioners and merely followed dictates of respondent-Commissioner - Writ petitions allowed
( 2 ) THE respondents are hereinafter referred to as they are arrayed in Writ petition No. 12945 of 1994 for convenience sake.
( 3 ) ALL the six writ petitioners are small entrepreneurs and are members of the co-operative Industrial Estate Limited, balanagar, Hyderabad, 5th respondent herein, which is a Society, (hereinafter referred to as "the Society"), registered under the provisions of the A. P. Co-operative Societies act (hereinafter referred to as "the Act" ). The Society purchased about Ac. 101-00 cents of land from the Government of andhra Pradesh in Kukatpally and qutbullahpur Industrial Area in the year 1974 for the purpose of establishing a co-operative Industrial Estate for Small scale Industrial Units. After developing that land, the Society divided the same into plots and allotted them to its members. Some such plots were allotted to the petitioners herein on 20th January, 1990. The extent of the plots thus allotted to the petitioners range from 220 Sq. yards to 1000 Sq. yards. Possession of those plots was also handed over to the petitioners immediately thereafter and regular sale deeds were executed on 24-1-1990 in the case of the petitioner in Writ Petition No. 12945 of 1994, on 7-6-1991 in the case of the petitioner in Writ Petition No. 12741 of 1994 and 29-1-1990 in the case of the petitioners in writ Petition Nos. 12336 and 12641 of 1994. Lease-cum-sale deeds were executed on 22-3-1990 and on 23-3-1990 in favour of the petitioners in Writ Petition Nos. 12258 and 13553 of 1994, respectively. The petitioners, thereafter, set up their small- scale industrial units in their respective plots and are running the same.
( 4 ) IT appears that some time in the year 1993 one Sri CM Gupta, who is no more, claiming himself as a member of the society, gave a complaint to the commissioner for Co-opeartive Enquiries and Ex-Officio Secretary to Government, 1st respondent herein, alleging that even though he was a senior member of the society, he was not allotted a plot, but some of his junior members were allotted plots by the Society. Thereupon, the 1st respondent directed the Member Convenor, State Level committee and Inspecting Officer, 2nd respondent herein, to inspect the affairs of the Society with special reference to the allegations of irregularities in allotment of plots, under Section 52 of the Act and to submit his report. Pursuant to that direction, the 2nd respondent conducted an inspection and submitted his report to the 1st respondent on 23-10-1993 stating that there were irregularities in allotment of plots and the whole allotment is liable to be cancelled and started afresh, by giving opportunity to all the 41 in the list according to seniority. Agreeing with the findings of the Inspecting Officer, the 1st respondent issued directions, under Section 54 of the act, in his Proceedings Rc. No. 406/cce/9- a, dated 25-10-1993, to the Administrative officer of the Society directing him to rectify the defects pointed out in the inspection report. It would be appropriate to extract the same: "direction Proceedings Under Section 54 of apcs Act 7 of 1964 present: Sri R. S. Goel, IAS. , Commissioner. Rc. No. 406/cce/93-A dated 25-10-1993. Sub: Co-operative Engineering department - Irregularities in allotment of Plots in Co-operative Industrial Estate limited Balanagar - Inspection under section 52 of APCS Act, 1964 - Orders - issued. Read: Inspection Report Under Section 52 of APCS Act given by Member convernor, SLCEC. , dated 23-10-1993. Order: whereas one Shri C. M Gupta, Proprietor of M/s. Allied Agencies India, has represented that though he was a senior member of Balanagar Industrial Co-operative Estate, he was not allotted a plot but his juniors were allotted a few. Whereas on statutory inspection Under section 52 of APCS Act 7 of 1964 the mem
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