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2018 Supreme(AP) 911

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
T.B. Radhakrishnan, S.V. Bhatt, JJ.
P. Nagarjuna Rao and Ors. – Appellants
Versus
District Co-operative Officer, Hyderabad Urban District and Register of A.P. Autually Aided Co-operative Societies and Ors. – Respondents
W.P. No. 18935 of 2007
Decided On : 28-12-2018

Advocates Appeared:
For the Appellant : C. Ramachandra Raju
For the Respondent: G.P., N. Vijay, M.V. Durga Prasad and B. Kavita Yadav

Headnote:

A.P. Mutually Aided Co-operative Societies Act, 1995 – Section 2-A,23 & 37 – A.P. Re-organisation Act, 2014 – Section 30 & 101 – Transfer of Property Act, 1882 – Constitution of India – Article 14 & 226 – Disputes inter se members on a few decisions taken in the administration of the Society, and another face of litigious approach is on the property allotted to the Housing Society filed by members of Housing Society and the disputes are brought to fore even before the alienation of land is confirmed or formalized – Challenging the orderof 2nd respondent appointing ad hoc committee to conduct elections for the said Society – Broad outlines of the prayers are prefaced to our order and at appropriate stage of this order, we would be adverting to the respective prayers and the averments therein to the extent required – Held, Consideration of such a request is according to the present policy applicable to the alienation/allotment of Government land or alternatively as and when the, State of Telangana considers alienation/allotment of land to employees in other organizations/Government Sector, the request of Housing Society for allotment of land for housing can be considered – Writ Petitions dismissed. (Paras 49, 50)

Facts of the case:

Disputes inter se members on a few decisions taken in the administration of the Society, and another face of litigious approach is on the property allotted to the Housing Society filed by members of Housing Society and the disputes are brought to fore even before the alienation of land is confirmed or formalized – Challenging the order of 2nd respondent appointing ad hoc committee to conduct elections for the said Society – Broad outlines of the prayers are prefaced to our order and at appropriate stage of this order, we would be adverting to the respective prayers and the averments therein to the extent required.

Findings of the Court:

Consideration of such a request is according to the present policy applicable to the alienation/allotment of Government land or alternatively as and when the, State of Telangana considers alienation/allotment of land to employees in other organizations/Government Sector, the request of Housing Society for allotment of land for housing can be considered.

Result: Writ petition dismissed

ORDER :

S.V. Bhatt, J.

1. The batch of writ petitions is directed to be listed together through our order dated 17.09.2018.

2. The writ petitions relate to various disputes concerning or in relation to the A.P. High Court Employees Mutually Aided Co-operative Housing Society Limited, Hyderabad (for short "Housing Society") and disputes inter se members on a few decisions taken in the administration of the Society, and another face of litigious approach is on the property allotted to the Housing Society in Survey No. 25 of Gopanapalli Village. W.P. Nos. 18935, 20123 and 27537 of 2007 are filed by members of Housing Society and the disputes are brought to fore even before the alienation of land is confirmed or formalized. W.P. No. 19939 of 2017 is at the instance of the Housing Society. W.P. No. 36900 of 2016 is filed by one G. Devender, member of the Society, challenging the order dated 07.10.2016 of 2nd respondent appointing ad hoc committee to conduct elections for the said Society. The broad outlines of the prayers are prefaced to our order and at appropriate stage of this order, we would be adverting to the respective prayers and the averments therein to the extent required.

3. "Housing Society" is a society registered under the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short 'the MACS Act, 1995) with registration No. C/Hyd(U)/2003(34)/Hsg/MACS dated 29.07.2003. The members of Housing Society are the employees of erstwhile Andhra Pradesh High Court, Hyderabad and now employees of High Court of Hyderabad who have put in a minimum of five years of continuous service in High Court for enrolment as members of the Housing Society. The Housing Society at relevant point of time i.e. 2006-2007 had 1112 members on its rolls.

4. The then Government of A.P. in the year 1991 in principle agreed to allot land for allotment as house sites to NGOs, of an extent of Acs. 427-00 of agricultural land to various employees' organizations/unions in the Government sector. The employees of High Court were excluded from consideration and allotment of land along with or on par with the employees working in the Government. The employees of High Court filed W.P. No. 15533 of 1992 complaining discrimination in allotment of land by the Government. W.P. No. 15533 of 1992 was dismissed and the writ petitioners therein filed W.A. No. 209 of 1993; a Division bench of this Court on 04.08.1995 passed the following order:

"In the result, the writ appeal is disposed of with the following directions:

(a) the 1st respondent-Government shall consider the claim and request of all the eligible State Government employees including the members of petitioners-appellants society for allotment of house plots in accordance with the guidelines framed under G.O.Ms. No. 633 dated 17.11.1992;

(b) the 1st respondent-Government shall also consider the claims and requests of all the eligible employees working in Judiciary i.e., the employees of the High Court and the employees of the Subordinate Courts located in twin cities and Ranga Reddy District;

(c) to consider the claims of all the employees working in the Legislative Department also in accordance with the terms and guidelines in G.O.Ms. No. 633 dated 17.11.1992;

(d) We also make it clear that it would be open to the 1st respondent-Government to alter the guidelines in case of any necessity for the effective implementation of its policy in providing house plots to all the employees working in the State Government, Judiciary and Legislative Department;

(e) It is also open to the 1st respondent-Government to make any change or reconstitute the Committee already constituted in G.O.Ms. No. 633 dated 17.11.1992 depending upon the exigencies of the situation and it would not preclude the Government to include the representatives of the petitioners-appellants society, if it so chooses; and

(f) There shall be no order as to costs."

5. The order dated 04.08.1995 granted legitimacy to the claim of employees of High Court for cons

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