IMPORTANT POINT
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, necessitating recourse to civil courts for such matters.

ORDER:

Tarlada Rajasekhar Rao, J.

The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

"… to issue a WRIT OF CERTIORARI calling for entire records connected to order in claim No.1 of 2011, dt.30.01.2012 passed by 3rd respondent, examine the same and set it aside, after declaring the same as illegal, irregular, irrational, without jurisdiction, violative of provisions of Andhra Pradesh Cooperative Societies Act, 1964 and rules framed thereunder and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents not to interfere in any manner with plot No.10 admeasuring 400 sq. yds. in Survey Number 404 of Markapur Town and pass such other order….."

2. The present writ of certiorari is being submitted before this Court to call for records and to quash the proceedings of the Assistant Registrar of Cooperative Societies-cum-Arbitrator, in Claim No.1 of 2011 dated 30.01.2012 who is arrayed as 3rd respondent herein.

3. The 5th respondent in the present Writ Petition, by name Smt. Devanaboina Ramalakshmi, originally filed the said Claim No.1 of 2011 before the 2nd respondent herein, i.e., the Deputy Registrar of Cooperative Societies, Markapur, to adjudicate upon the claim made by her (i.e., 5th respondent).

4. The case of the 5th respondent herein is that she is the daughter of Malasani Chenna Kesavulu, who is the member of Markapur Public Servants Cooperative Society, and the plot No.8 was allotted to her father and her father executed a gift deed in her favour, which is an extent of 400 square yards in Sy.No.404 in Markapur town and the 5th respondent herein raised a compound wall to the height of 9 feet and the writ petitioner along with his agents came to their plot and trespassed into the site and dismantled the said compound wall and the writ petitioner along with his agents tried to raise constructions in the said plot without being any right or title over the said property. Therefore, the 5th respondent herein implored to adjudicate upon the dispute and to direct the writ petitioner not to interfere with her peaceful possession and enjoyment of plot No.8 in an extent of 400 square yards in Sy.No.404 in Markapur town.

5. As the 2nd respondent herein has not pursued the said representation/application, the 5th respondent herein filed W.P.No.18478 of 2008 before the composite High Court for resolution of the dispute by way of Arbitration under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, 'the Act of 1964’) and the said Writ Petition was disposed by the composite High Court, vide order dated 30.06.2011, observing that “this Court has no doubt that the dispute will be entertained for arbitration under Section 61 of the Act of 1964 and will be adjudicated in terms thereof”.

6. Basing upon the said observation, the 2nd respondent herein has transferred the said dispute to the 3rd respondent herein, i.e., the Assistant Registrar of Cooperative Societies-cum-Arbitrator, Markapuram (hereinafter called, ‘the Arbitrator’) for adjudication and for decision.

7. The sum and substance of the case of the 5th respondent herein is that her father is the member of Markapur Public Servants Cooperative Society and a plot was allotted to her father and the same was gifted to her and the writ petitioner herein is interfering with the peaceful possession and enjoyment over the said plot. The specific prayer of the 5th respondent in the claim application reads thus:

"The petitioner therefore prays that this Honourable Authority may be pleased to pass an interim order as well as final order directing the respondents not to interfere with the peaceful possession and enjoyment of the Plot No.8 admeasuring 72' x 50' of an extent of 400 sq. yards in Sy.No.404 situated at Markapur, Prakasam District."

8. The 3rd respondent-Assistant Registrar of Cooperative Societies-cum- Arbitrator has disposed of the Claim No.1 of 2011 by an order dated 30.01.2012,