Point of Law: 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 exception which can be carved out by a statute. Such exclusion has to be clear and specific. It cannot be inferred Section 121 of the Act 1964, exclusion of jurisdiction of Civil Court is against orders, refusals, decisions or awards passed or directions issued or actions taken in accordance with Act or Rules. This provision does not bar jurisdiction of Civil Court to decide a dispute if that dispute is civil in nature. Further, orders/refusals/decisions/awards/directions/actions have to be in accord with Act/Rules.

ORDER :

1. This Writ Petition is filed praying to grant the following relief:

“.....to issue an appropriate Writ, Order or Direction, more particularly one in the nature of writ of certiorari calling records pertaining to I.A. No. 1 of 2020 in A.R. No. 1 of 2020 on the file of Respondent No. 1 and to quash the impugned order dated 21.11.2020 passed by the Respondent No. 1 in I.A. No. 1 of 2020 in A.R. No. 1 of 2020 which is without jurisdiction and contrary to the provisions of Telangana Cooperative Societies Act 1964, and Telangana Cooperative Societies Rules, 1964 and pass such other order or orders in the interest of the justice.”

2. The Ekasila Co-operative Housing Society Limited (Society) is registered under Telangana Co-operative Societies Act 1964. This Society was formed with the avowed objective to buy, sell, hire, let, develop the land and to give loans to the members for construction of new dwelling houses in accordance with the Cooperative principles. The functioning of the Society is governed by the Byelaws formulated by the Society. Bye-law No. 5 deals with membership eligibility; Bye-law No. 6 deals with the application for membership; Bye-law No. 8 deals with disqualification for membership; and Bye-law No. 42 deals with the procedure governing allotment of house plots to the members. For the purpose of this case, sub-clauses 10 [Clause 42: Procedure governing allotment of plots to members: Sub-Clause (10): Every member to whom a plot has been allotted shall construct a residential house in accordance with the plans and designs approved by the society and the Town Planning Departments or such other competent authority within a period of one year from the date of allotment of the plot. If he requires any loan from the society under Low Income Group Housing Scheme he may however construct the house after the loan is sanctioned, but the application for loan shall be made within a period of six months from the date of conveyance of the site. In deserving case where the committee is satisfied, extention of time not exceeding six months may be granted, when site allottee proposes to construct his house with his own funds. If a member fails to construct the house within the period stipulated, the society, may with the permission of the Registrar resume the site and allot it to another member. The amount of the plot paid by the member, from whom the site has been resumed shall be paid back to him on its allotment to other member], 11 [Sub-Clause (11): Every member shall pay the cost of the plot allotted to him within a period of 90 days from the date of allotment and betterment levy as charged by the society shall also be paid by the member within the time prescribed by the society] and 12 [Sub-Clause (12): The society shall execute the sale deed for the plot allotted to a member on payment of all costs and fees in full. Such costs shall include the cost of the land, legal fee, registration charge, betterment charges etc. Before the society executes the sale deed, the member shall also execute an agreement undertaking to pay to the society any additional levy that may be made by the society to meet any such further charges as it may have to incur in connection with the plot allotted to the member] of clause 42 are relevant. Sub-Clause 10 requires member, to whom a plot was allotted to construct a residential house within one year from the date of allotment of the plot. If a member fails to construct a house within the period stipulated, the Society is entitled to resume the site and allot it to another member. According to sub-clause 11, member is required to pay the costs of the plot allotted to him within 90 days from the date of allotment. It also requires payment of betterment levy within the time prescribed by the Society. According to sub-clause 12, on payment of all costs and fees in full, the Society should execute the sale deed. Bye-law No. 43 deals with construction of houses.

3. Petitioner and 3rd respondent cl