THE HON’BLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.19831 OF 2005

ORDER:

The 1st petitioner’s father and the 2nd petitioner’s husband, late Sri Rachuri Rama Rao, being a member of the 1st respondent- Society, was allotted house plot No.31 in the lay out LP No.5/80 of VUDA, Rushikonda Village, Yendada Panchayat, Visakhapatnam District, the same was conveyed to him through a registered sale deed No.5611/1982 dated 04.06.1982 and an amount of Rs.417/- was paid towards developmental charges, etc. vide proceedings dated 03.02.1984. The Board of Directors cancelled the allotment of plot for the reason that the allottee had not constructed the house within one year. The allottee was informed vide proceedings dated 03.02.1984 of the first respondent-Society that the Board of Directors vide Resolution dated 21.01.1984 had resolved to restore the cancelled plot. But, again on 13.08.1987 they unilaterally cancelled the allotment of plot as well as sale deed and on the same day allotted and conveyed the plot to the second respondent, on the ground that the allottee has violated the condition of sale deed. The sale deed was cancelled behind the back of the allottee, contrary to the procedure pre