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2001 Supreme(AP) 1165

Andhra Pradesh High Court
Judges : BILAL NAZKI, ELIPE DHARMA RAO
P.Gautham - Appellant
Versus
Deputy Registrar, Co-operative Societies (Housing), Hyderabad - Respondent
Decided On : 10-05-01

Headnote:

A. P. Co-operative Society Act – Section 4 (2) - Constitution of India,1950 - Article 14 - Controversy - Whether co-operative society can permit transfer - Applicants for getting membership by transfer - Seek a direction to Managing committee of Jubilee Hills Co-operative house Building Society to effect transfers - Petitioners seek writ for relief that letter of respondent - Petitioners are applicants for getting membership by transfer in Jubilee Hills Co-operative House Building Society - They claim that they have purchased plots from members of society was established about two decades before and it was permitting its members to transfer their membership and plots subject to bye- laws of society and it has been practice that all such applications for transfer were being permitted after approval of Managing Committee of Society in terms of bye-law - Held, Respondents have contended in their counter that present writ petitioners are not at all members of society - They have categorically stated that there is no communication issued to petitioners showing them to be members of society -They are not shown in admission register as members - Unless petitioners are admitted as members into society they cannot enforce any right or interest society - Membership is dealt within bye-law lays down that every person shall be deemed to have been admitted as a member if his name is entered in admissions register by Secretary of society within days from date of resolution passed by competent authority - Therefore it follows that unless a person s name is in register of members he cannot claim to be member of society - Therefore seeing this ease from any angle bye-law cannot be enforced by this Court on motion of petitioners - Writ petition dismissed(Para 8)

BILAL NAZK1, J.

( 1 ) THE petitioners are applicants for getting membership by transfer in the Jubilee Hills Co-operative House Building Society (hereinafter referred as the society ). They claim that they have purchased plots from the members of the society. The society was established about two decades before and it was permitting its members to transfer their membership and plots subject to the bye- laws of the society and it has been the practice that all such applications for transfer were being permitted after the approval of the Managing Committee of the Society in terms of bye-law 42. It is further submitted that, during the period 1994-96 the affairs of the society were being managed by a departmental Special Officer appointed by the Government to manage the affairs of the society. During this period also membership transfers were being permitted both in case of registered and unregistered plots. It is submitted that plot No. 627 belonging to smt. Sailaja an unregistered plot was transferred in favour of Kum. C Urmila reddy in June, 1996, the said transfer was in fact permitted pursuant to the instructions issued by the District Co-operative Officer to the Special Officer of the society vide his letter dated 4-6-1996. According to the petitioners, this letter specifically mentioned that in terms of bye-law No. 5 of the society there was no restriction for the transfer of membership. The letter further directed the Special Officer to permit the transfer in terms of bye-law 42 (m ). The special Officer approved the transfer on the instructions of the District Co-operative officer and the same was communicated to the transferee. Subsequently elections were held to the society and the present managing Committee started functioning from 11-7-96. Certain applications for transfer of membership were pending. In its meeting held on 30th November, 1996 the managing Committee decided to adopt a new procedure for granting approval to applications for transfer. It was decided that both the parties should sign and affix their respective thumb impressions before the office bearers and submit attested photographs. The society later addressed letters to the transferors requesting them to attend its office and comply with the formalities. In its meeting held on 18-1-1997 the Managing Committee approved transfers in seven cases pertaining to unregistered plots. On 28-2-1997 the Managing committee approved transfer of eight more cases but decided to issue the transfer letters after receiving a reply from the Deputy registrar (Housing ). On 15-3-1997 four more cases were decided by the committee. It was decided to take legal opinion with regard to transfer of unregistered plots in view of the letter of 2nd respondent dated 13-3-1997. It is stated that the 3rd respondent society has not issued transfer letters to the petitioners despite its resolutions dated 18-1-1997 and 28-2-1997. The petitioners made several futile representations but they were informed by the office bearers of the society that the Managing Committee was unable to permit transfers due to objection raised by the Co-operative Department officials. The Deputy Registrar, Co-operative societies, Hyderabad in his communication dated 13-3-1997 to the Secretary of the society directed the society not to permit transfer of unregistered plots as such transfers are resulting in loss of revenue to the Government. Subsequently the Additional Registrar of Co-operative societies issued certain directions on 6-5-1997. In the said communication the society was directed to bring about certain amendments to its bye-laws. One of the directions dealt with transfer of plots. The first respondent stated that large scale of transfers are taking place leading to gross misuse and trading in real estate. It is submitted that such transfers were being permitted for the past quite some time by the society. There have been no restrictions so far. The Managing committee was always permitting such









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