ORDER :

The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue writ, order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 & 3 in including the lands admeasuring Ac.1.92 cents in Sy. No.497/2B, Ac.1.92 cents in Sy. No.497/3B, Ac.2.56 cents in Sy. No.497/4, Ac.0.78 cents in Sy. No.497/5B, Ac.0.80 cents in Sy. No.497/6B, Ac.0.70 cents in Sy. No.497/7B, Ac.0.80 cents in Sy. No.497/8B, Ac.2.25 cent in Sy. No.499/2A of Avilala Village accounts, Tirupathi Rural Mandal, Chittoor District in the list of prohibited lands under the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and communicating it to the 4th respondent as wholly arbitrary, illegal, unjust, void, contrary to law and unconstitutional and to issue a consequential direction to the 4th respondent not to refuse registration of documents in respect of the lands, Ac.1.92 cents in Sy. No.497/2B, Ac.1.92 cents in Sy. No.497/3B, Ac.2.56 cents in Sy. No.497/4, Ac.0.78 cents in Sy. No.497/5B, Ac.0.80 cents in Sy. No.497/6B, Ac.0.70 cents in Sy. No.497/7B, Ac.0.80 cents in Sy. No.497/8B, Ac.2.25 cent in Sy. No.499/2A of Avilala Village accounts and to pass such other and further orders…”

2. The brief facts of the case are that, the Avilala Cooperative House Building Society Limited is a Society registered under the A.P. Co-operative Societies Act, having registered No.S.835 and that the Society is represented by its Secretary, who is empowered to represent, to sue or to be sued and to defend the interest of the Society. On 17.09.1992, i.e., initially, the Society submitted proposals to the Divisional Co-operative Officer, Tirupathi, with 40 members to accord permission to form a Co-operative House Building Society under the name and style of "The Avilala Co-operative House Building Society" and the said request was considered by the competent authority, and directed the Chief Promoter of the petitioner-Society to deposit a sum of Rs.15,000/- towards share capital and submit an agreement of sale of the land, which is to be not less than Ac.5-00 cents to be distributed among the members of the Society.

3. Accordingly, the Chief Promoter of the petitioner- Society deposited the said amount towards registration fee of the Society and also entered into an agreement of sale for the purchase of lands in Sy. Nos.497/2, 497/3 and 497/4 with one B. Narayanaswamy and Yasodamma, who were the absolute owners and enjoyers of the lands in the said survey numbers and submitted all the relevant documents to the Divisional Cooperative Officer, Tirupathi. Thereafter, the proposals of the petitioner-Society have been forwarded through proper channel to the Commissioner of Co-operation & Registrar of Co-operative Societies, Hyderabad, who in turn, permitted the Divisional Cooperative Officer, Tirupati to register the Society and thereafter, the Divisional Co-operative Officer, Tirupathi provisionally registered the Society as Regd.No.S.62 and issued certificate, with certain conditions, namely that the Society shall get the lay out approved by TUDA and also admit the members not less than 50 and further directed the petitioner-Society to deposit an additional share capital of Rs.35,000/-, which was also deposited by the petitioner-Society.

4. Subsequently, the strength of the members of the Society increased and the members are more than 200 and in view of the same, the Chief Promoter thought of purchasing more land than the extent that was already secured by way of agreement of sale with the said B. Narayanaswamy and Yasodamma. Consequently, the petitioner-Society requested the Deputy Registrar of Co-operative Societies, Tirupathi, to accord permission for the purchase of more land in Sy. Nos.499/2, 497/5, 497/6, 497/7 and 497/8.

5. After duly obtaining permission from the Divisional Co-operative Officer, the petitioner-Society have purchased t