THE HON’BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON’BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT APPEAL Nos.883 and 917 of 2015 COMMON JUDGMENT: (Per the Hon’ble the Chief Justice Satish Chandra Sharma)

Regard being had to the controversy involved in the aforesaid cases, they were heard together and are being decided by a common order.

The facts of W.A.No.917 of 2015 are reproduced as under:

The present writ appeal is arising out of an order dated 07.08.2015 passed by the learned Single Judge in W.P.Nos.22770 and 22869 of 2015. The facts of the case reveal that two writ petitions were preferred by the Bureau of Economics & Statistics Employees Mutually Aided Cooperative Housing Society Limited being aggrieved by the order passed by the Cooperative Tribunal, Hyderabad, in O.P.Nos.86 and 87 of 2012. The facts further reveal that the appellant (writ petitioner) is a society initially registered under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964, and it was later on converted as a mutually aided society under the provisions of the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995. The Society came up into existence for development of house sites to be allotted to its members and certain persons were allotted the plots. The Society, which was initially a cooperative society, was later converted into mutually aided cooperative society on 13.08.2008. The members, who were allotted plots, sold the plots by registered sale deeds and the persons who purchased the plots constructed their houses and the Society, in the year 2004, started taking action to resume the plots. The facts further reveal that the Society filed an application before the Deputy Registrar of Cooperative Societies under Section 61 of the Andhra Pradesh Cooperative Societies Act and the application was dismissed by the Deputy Registrar of Cooperative Societies. The appellant thereafter preferred an appeal to the Cooperative Tribunal and the Cooperative Tribunal remanded the matter for fresh enquiry. While all this was going on, the Society was converted into mutually aided cooperative society and O.P.Nos.86 and 87 of 2012 were filed before the Cooperative Tribunal, Hyderabad. The Cooperative Tribunal has dismissed the Original Applications and the learned Single Judge, after careful consideration of the orders passed by the Cooperative Tribunal and after careful consideration of the judgment relied upon by the learned counsel for the appellant in New India Cooperative Housing Society Limited v. Municipal Corporation of Greater Mumbai¹, has dismissed the writ petitions.

A sale deed is also brought to the notice of this Court by the learned counsel for the appellant and the sale deed does not restrict the plot owner to transfer the plot. On the contrary, the sale deed refers that the purchaser shall be the absolute owner of the plot in question. The learned Single Judge while dismissing the writ petitions has observed as under:-

“...As such, O.P.Nos.87 and 86 of 2012 were filed before the Cooperative Tribunal, Hyderabad and the said applications were dismissed holding as follows:

“It is seen from the record that the Society which was registered under the Andhra Pradesh Cooperative Societies Act, (2008) 9 SCC 694

1964 was converted and registered under the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 on 13.08.2008. Copy of the bye-law of the Society is not filed before this Tribunal. It is seen that the Society allotted the plot to Sri G.Purushotham Rao, respondent No.1 herein, and the same was sold without constructing dwelling house to respondent No.2 herein for a sale consideration of Rs.4,90,000/- by respondent No.1 and the sale agreement was registered on 01.08.1998. It is observed that the petitioner Society kept quiet from 1998 when the property was purchased by respondent No.2 and started action to resume the plot in the year 2004. If this fact was not in the knowledge of the Society then it is a failure