SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(SC) 406

SUPREME COURT OF INDIA
SURINDER SINGH NIJJAR, FAKKIR MOHAMED IBRAHIM, JJ.

Md. Mounuddin & Others
Versus
Commnr. Of Co-op. and Regr. & Co-op. Soc. & Others
Civil Appeal No. 5448 with 5449 & 5450 of 2014 (Arising out of SLP (C) No.692 with 3105 & 4679 of 2010) and Contempt Petition (C) No. 302 of 2010 in SLP (C) No. 4679 of 2010 & Contempt Petition (C) No. 251 of 2011 in SLP (C) No. 4679 of 2010 & Civil Appeal No. 5451 of 2014 (Arising out of SLP (C) 12842 of 2014, CC No.10023 of 2011)
Decided on : 07-05-2014

Advocate Appeared
For the Appearing Parties:A.T.M. Rangaramanujam, R. Basant, Jaidep Gupta, Sr. Advocate, Neha Sharma, D. Verma, A.V. Rangam, Buddy A. Ranganadhan, G.V. Giridhar, D. Mahesh Babu, Suchitra Hrangkhawl, Amjid Maqbool, Amit K. Nain, Aditya Jain, Ramakrishna Rao, Gaurav Agrawal, Anup Kumar, Neha Jaiswal, Devvrat, Kasturika Kaumudi, K. Sharda Devi, Anurag Pandey, Rameshwar Prasad Goyal, Venkita Subramoniam T.R., Rahat Bansal, Gagandeep Sharma, Nikhil Jain, Advocates,
K. Srinivasa Rao, in-Person.

Headnote:

Andhra Pradesh Cooperative Society Act, 1964 – Section 4 – Accommodation – Discussed and Unanimously – Department of Cooperative Society of Andhra Pradesh, which has created pandemonium by virtue of divergent orders passed at different points of time and Requires the consideration of this Court to pass appropriate orders and put an end to this complicated litigation once and for all –Entire dispute amongst members of society pertains to a piece of land, which was purchased by society in pursuance of its object of getting some benefit for its members for providing housing accommodation – Before delving deep into the controversy raised in this litigation necessary to set out different Special Leave Petitions filed before us wherein orders have been challenged by different Appellants which ultimately – Held, orders impugned in these appeals, while holding that directions contained in shall alone govern this case light of our above orders we find that no orders need be passed in contempt proceedings initiated in Contempt Petition and Contempt Petitions are closed context we are reminded of legal maxim ‘interest reipublicae ut sit finis litium’ which means it is for the general welfare of State that there be an end to litigation conclusion and directions were based on various factors such as interpretation of Bye-Laws, the concluded orders of High Court and the other uncontroverted facts culled out based on records placed before us as well as report of Registrar of Cooperative Society of Andhra Pradesh pursuant to our order we are of considered view that orders impugned in these appeals cannot sustain we find that very many factors which have been brought to our notice details of which could be appreciated by this Court, could not be found in orders impugned in these appeal – Appeals allowed.

Judgment :

Fakkir Mohamed Ibrahim Kalifulla, J.

1. Delay condoned. Leave granted.

2. In all the above appeals and the connected contempt petitions, the issue concerns with the members of a cooperative society called ‘The Voltas Employees Cooperative House Building & Construction Society Ltd. No.TAB 508’. It is a classic case where the members of the above referred to society got themselves entangled in a series of litigations and to add to this, some orders were passed by the officials of the Department of Cooperative Society of Andhra Pradesh, which has created pandemonium by virtue of the divergent orders passed at different points of time and, therefore, requires the consideration of this Court to pass appropriate orders and put an end to this complicated litigation once and for all. The entire dispute amongst the members of the society pertains to a piece of land, which was purchased by the society in pursuance of its object of getting some benefit for its members for providing housing accommodation. Before delving deep into the controversy, raised in this litigation, it is necessary to set out the different Special Leave Petitions filed before us, wherein orders have been challenged by different Appellants which ultimately, as pointed out by us, pertains to the issue relating to the land purchased by the society for providing housing accommodation.

3. Civil Appeal (arising out of SLP(C) No.4679 of 2010) has been filed challenging the Division Bench order of the Andhra Pradesh High Court dated 15-9-2009, passed in Writ Appeal No.144 of 2007 by which the High Court dismissed the Writ Appeal filed by the Appellant herein which is the very society, namely, the Voltas Employees Cooperative House Building Society (hereinafter referred to ‘the society’). Civil Appeal (arising out of SLP(C) No.3105 of 2010) has been filed by three individuals, namely, Shri M. Balaji, Bilquees Sultana and Konda Sureka, who were the Appellants in Writ Appeal No.809 of 2007 before the Division Bench of the Andhra Pradesh High Court and whose writ appeal was also dismissed by the High Court in its common judgment dated 15-9-2009, along with Writ Appeal No.144 of 2007.

4. SLP (CC) No.10023 of 2011 has been preferred by four individuals, namely, Nerella Venkateswarlu, S Jagadish, Pasupula Anjaneyulu and Shanigarapu Ramesh seeking leave of this Court to file an appeal against the final judgment and order dated 15-9-2009 in Writ Appeal No.144 of 2007, as well as Writ Appeal (MP) No.2325 of 2009 in the said writ appeal. The Division Bench while dismissing the Writ Appeal No.144 of 2007, by its common order, also dismissed the above Miscellaneous Petition No.2325 of 2009 by which the Petitioners wanted to get themselves impleaded as parties in the Writ appeal.

5. Civil Appeal (@ SLP(C) No.692 of 2010) has been filed by five persons, namely, Md. Moinuddin, A Narasimha, Md. I. Shareef, Khalander Hussain and R. Shankar, seeking to challenge the common judgment dated 15-9-2009 of the Division Bench of High Court of Andhra Pradesh in Writ Appeal No.798 of 2007, along with Writ Appeal Nos.144 of 2007 and 809 of 2007.

6. To narrate the facts in brief, the Voltas Employees Cooperative House Building & Construction Society Ltd. was registered on 29-10-1982 under the Andhra Pradesh Cooperative Societies Act 7 of 1964. Its address was 4-161, Madhavi Nagar, Firozguda, Hyderabad. Its operations were confined to the municipal limits of Hyderabad. The object of the society is to carry on activities for the benefits of its members in the field of building including buying, selling, hiring, letting and developing land in accordance with the cooperative principles and also to give loans to its members for construction of dwelling houses. Under Bye-Law No.4, the share capital of the society was to be made up of 5000 shares of Rs.100 each. Bye-Law No.5 prescribes the eligibility of a member. Bye-Law No.6 deals with the procedure as to how an eligible employee of Voltas can be









































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top