Hon’ble Sudhir Agarwal, J.—Heard Sri H.R. Mishra, Senior Advocate for the petitioner; Sri Rakesh Kumar for respondent Nos. 1 and 2 and Sri S.P. Sharma for respondent No. 3. As requested and agreed by learned counsel for the parties, the Court proceeds to decide the matter under the Rules of the Court at this stage.

2. The first two writ petitions were heard on 1.9.2011 and judgment was reserved. Before the judgment could be prepared and delivered, the other matters namely Civil Misc. Writ Petition Nos. 3684 of 2009, 6038 of 2009, 6039 of 2009 and 6040 of 2009 came up for hearing on 21.3.2012 and since they also involved same questions of facts and law as in the earlier two writ petitions, learned counsel for parties not only adopted the arguments already advanced in earlier two writ petitions but made some further arguments and, therefore, judgment was reserved therein also so that all these matters may be decided by a common judgment and hence I proceed accordingly.

3. The factual and legal aspects in all the matters are similar and common and, therefore with the consent of learned counsel for parties, pleadings and facts of writ petition No. 6036 of 2009 are being discussed in this judgment treating it as leading case and same would apply to all other writ petitions.

4. The writ petitions are directed against the order dated 10.1.2007 passed by Additional District Co-operative Officer, Headquarters Agra as Sole Arbitrator in purported exercise of powers under Section 70 of U.P. Co-operative Societies Act, 1965 (hereinafter referred as the “Act, 1965”), declaring sale-deed dated 8.6.1989, executed by respondent No. 3 in favour of the petitioner(s), null and void. He has further directed respondent No. 3 i.e., Sky Enclave Gramin Sahkari Awas Samiti Ltd., 60, Jaipur House Market, Agra (hereinafter referred to as “the Society”) to refund price of land in question to the petitioner(s), and thereafter to allot land in question in accordance with U.P. Cooperative Societies Rules, 1968 (for short “Rules, 1968”) to any other Member of the Society.

5. The aforesaid order has been affirmed in appeal vide order dated 15.10.2008 of District Assistant Registrar, Co-operative Societies, U.P. Agra. Both these orders are impugned in this writ petition.

6. The basic contention of learned Senior Counsel for the petitioner is that impugned orders are without jurisdiction. Respondent No. 2 had no jurisdiction to declare a sale-deed, null and void since such an issue could have been raised in a Court of law only by filing a civil suit. So far as the appellate order is concerned, it is submitted that the appellate authority has exceeded its jurisdiction in dismissing appeal inasmuch as, when the sole Arbitrator himself lacked jurisdiction, the Appellate Authority also could have no jurisdiction to entertain the appeal. Even otherwise, appeal involving the disputed amount exceeding Rs. 10,000/- is maintainable before U.P. Co-operative Tribunal, Lucknow, as per notification dated 4.3.1979 and hence appeal was not maintainable before the District Assistant Register (Co-operative Societies).

7. The facts in brief, giving rise to the present dispute are as under.

8. The Society is a co-operative society registered under the Act 1965. It was constituted with the object of undertaking housing projects. In other words, it is a housing co-operative society. The society proposed a housing colony at Khasra No. 171, village Pathauli, Plot No. 1. After purchasing the said land, the Society made a plan of a housing colony on the said land. It sold a plot measuring 295.60 Sq. yards on a consideration of Rs. 7414.50 to the petitioner Yaduraj Singh vide sale-deed dated 8.6.1989. At that time, it is alleged that proposed housing colony fell in rural area and beyond territorial jurisdiction of Agra Development Authority (hereinafter referred to as “A.D.A.”) and it came within the territorial authority of A.D.A. in year 2002.

9. The Society filed an applicati