HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11778 of 2006 Date : 24.02.2011 Between : M. Ashok Reddy. …..Petitioner And The Divisional Co-operative Officer, Hyderabad East Division & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.11778 of 2006 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of 1st respondent in not staying the auction of the un-allotted plots in Sy.No.70 of HMT Swarnapuri layout at Miapur, Maktha Mahaboobpet village of Serilingampalli Mandal, R.R.District, during the pendency of his applications filed under Sections 61and 62 of the A.P.Co-operative Societies Act, 1967, as illegal and arbitrary. The petitioner is a member of the 2nd respondent- Housing Co-operative Society. He was allotted Plot No.157 admeasuring 285 Sq. yards in Sy.No.70 at HMT Swarnapuri layout in Miapur, Maktha Mahaboobpet village of Serilingampalli Mandal, R.R.District. To transfer the said plot, a registered sale deed was executed on 24th of Feburary 1995 vide document bearing No.2195/95. On the ground that there is a dispute with regard to title of the aforesaid plot allotted to him, and inspite of his request the Society is not allotting other plot in Sy.No.70, the petitioner has raised a dispute for arbitration before the 1st respondent in ARC.No.6 of 2006. Pending the said proceedings, he also filed an application to stay the auction of un-allotted plots in Sy.No.70 at HMT Swarnapuri layout at Miapur. In the counter affidavit filed by the 2nd respondent- Society, while denying the various allegations made by the petitioner, it is stated that there is no auction of any plots in Sy.No.70. It is also stated that the auction was conducted on 21.05.2006, with regard to the plots, which are not covered by Sy.No.70. When the matter is called on last occasion, it was adjourned to enable the learned Government Pleader to get instructions about the outcome of the arbitration proceedings initiated by the petitioner. When the matter is taken up today, it is submitted by the learned Government Pleader that the petitioner himself has filed a letter before the Arbitrator, not to proceed with the arbitration proceedings pending in ARC.No.6 of 2006, as such, the said arbitration proceedings are still pending consideration. As much as it is stated in the counter that no plots in Sy.No.70 are notified for auction and the plots, in other survey numbers were already auctioned on 21.05.2006, no direction as prayed for in this writ petition, can be granted. However, as it is stated that the arbitration proceedings in ARC.No.6 of 2006 are still pending, I deem it appropriate to dispose of the writ petition, with a direction to the 1st respondent to dispose of the said arbitration proceedings as expeditiously as possible, preferably within a period of three months from today. Subject to the above direction, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 24th February 2011 ajr