THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.39321 OF 2016

ORDER:

This writ petition is filed by the petitioner aggrieved by the orders passed in I.A.No.179 of 2015 in CTA.No.38 of 2015, dated 01.10.2016 on the file of the Cooperative Tribunal at Hyderabad.

2. Heard learned counsel appearing for the petitioner and none appeared on behalf of the respondent Nos.1 to 6 and as per the cause title, the respondent Nos.7 to 11 are not necessary parties in the writ petition and respondent Nos.13 to 17 are impleaded as respondents as the legal heirs of the deceased respondent No.1 in I.A.No.2 of 2016 (W.P.MP.No.49487 of 2016) and perused the entire material on record.

3. This matter is coming up for hearing from 2016 onwards. On 12.08.2024 and 21.09.2024, when the matter was called up for hearing, there was no representation on behalf of the respondent Nos.1 to 6. After hearing the learned counsel for the petitioner on two occasions, this matter was directed to be listed on 30.09.2024 under the caption “For Orders” by giving opportunity of appearance for the respondent Nos.1 to 6 on the next date of hearing. Even today, in spite of listing the matter under the caption “For Orders”, none appeared on behalf of the respondent Nos.1 to 6.

4. In this matter, the respondents filed two different counters through different counsels. The GPA holders, stating to be representing the respondent Nos.1 to 6, filed a counter through Sri K.Santhanam Iyengar, learned counsel. At the same time, the respondent Nos.2 to 6 filed separate counter through Sri Y.Narsimha Reddy, learned counsel.

5. The Learned Counsel appearing for the petitioner submits that one Sri Late Shivaratri Pedda Narsaiah purchased an extent of Ac.3-03 Guntas from one Thalla Narasimha Reddy vide registered Sale Deed No.551/1981, dated 05.05.1981. The said Shivaratri Pedda Narsaiah sold away the said land through a registered GPA document No.16/1994, dated 07.01.1994 in favour of Sri G.Maruti i.e., GPA holder and by the date of execution of said GPA, the entire land was converted into plots. The GPA holder sold the plots to the intended purchasers and completed the transaction before the death of the said Sri Shivarathri Pedda Narsaiah. The said Sri Sivarathri Pedda Narsaiah died on 12.02.1999. During life time of said Sri Sivarathri Pedda Narasaiah, he did not protest or raised any objections for the sale of property. The respective plot owners have become the members of the Society namely Basheer Baba Cooperative Housing Society Limited and on applications of the said Society, the then A.P. Cooperative Housing Federation granted loans to its members for construction of their houses. The respective plot owners were unable to pay the loan amounts and they did not construct the houses and not paid the housing loan to the writ petitioner herein.

6. Learned Counsel appearing for the petitioner further submits that the petitioner after following the due procedure as contemplated under Section 71[2] of the Cooperative Societies Act and passed orders. The petitioner called for the tenders in respect of the property in question and conducted an auction on 23.03.2015. At that stage, the GPA holders of the respondent Nos.1 to 6 have filed CTA.No.38 of 2015 before the Cooperative Tribunal at Hyderabad with a malafide intention to have a wrongful gain misleaded the Tribunals/ Courts. The original appellant Nos.2 to 6 and the legal heirs of appellant No.1 in CTA.No.38 of 2015 have filed sworn affidavits dated 23.08.2016 as party-in-persons stating that they have cancelled the GPA and also to withdraw the appeal as not pressed, but the said sworn affidavits were not considered by the Tribunal and passed impugned orders in I.A.No.179 of 2015 in CTA.No.38 of 2015, dated 01.10.2016 allowing the GPA holders to represent the main CTA. The Cooperative Tribunal constituted under A.P. Cooperative Societies Act has no power or authority to decide the rights between the GPA holders and their principals. Th