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TARLADA RAJASEKHAR RAO
Khumbhagiri Chennakesavulu – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
Tarlada Rajasekhar Rao, J.
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:
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
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, necessitating recourse to civil courts for such matters.
The Arbitrator lacks jurisdiction to resolve title disputes under the Andhra Pradesh Cooperative Societies Act, 1964, and any such relief must be sought in a competent civil court.
Section 9 of Code of Civil Procedure, Civil Court is vested jurisdiction to adjudicate all suits of civil nature. Exclusion of jurisdiction of Civil Court to adjudicate suit of civil nature is an exc....
Arbitrators under co-operative housing acts cannot declare title; their jurisdiction is limited to disputes over allotments, not ownership rights.
The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.
Arbitration dispute - Jurisdiction - though there was no patent lack of inherent jurisdiction, the High Court who ought to have dismissed the writ petition.
Point of Law- The Arbitration Act itself gives various procedures and forums to challenge the appointment of an arbitrator. The framework clearly portrays an intention to address most of the issues w....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
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