IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 14917 of 2008 Between: Jeeru Appala Reddy, s/o. Late Jeeru Pydi Reddy, Flat No. 402, Sarooja Residency, Annapurna Colony, Mallapur, Hyderabad - 500 076. ..... PETITIONER AND 1 Majji Surya Bhagavan, S/o. M. Peri Naidu, District Water Management Agency, DRDA Complex, Near Collector Office, Srikakulam - 532 001. 2 Kotagiri Appa Rao, S/o. Not Known to me Secretary, The N.G.O's Co-operative House Building Society Ltd. 1162, Door No. 45-40-34, Akkayapalem, Visakhapatnam - 530 016. 3 Bokkam Satya Rao, S/o. Not known to me, Door No. 37-11-17, Opp : Suryodaya Public School, Pattabhi Reddy Gardens, Industrial Estate (Post) Visakhapatnam - 530 007. 4 The Special Court, AP Land Grabbing (Prohibition), Act. B.R.K.R. Govt. Offices, Complex, Tankbund, Hyderabad - 500 029. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of Wirit of Mandamus declaring the action of the respondents in passing the L.G.C.Sr.No. 653/08, dt. 2-5-2008, passed by the 4th respondent herein, is illegal, irregular, arbitrary and principles of natural in justice and violating the Arts, 14, 16, 19 and 21 of the constitution of India and set aside the order in LGC Sr.No. 653/2008, dt. 2-5-2008 passed by 4th respondent, and pass Counsel for the Petitioner:PARTY-IN-PERSON Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE C.V.RAMULU Writ Petition No.14917 of 2008 ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) This writ petition is filed challenging the order dated 02-05- 2008 passed in L.G.C.SR.No.653 of 2008 on the file of Special Court under Andhra Pradesh Land Grabbing (Prohibition) Act, whereunder the petitioner herein was directed to take back the application along with documents, and present it before appropriate authority on the ground that the facts of the case do not attract the provisions of the said Act. 2. There is no necessity of going into all the details of the case. Suffice to state, the petitioner claims that he was allotted plot No.261 in an extent of 167 square yards in Sy.No.13 of Kapparada GVMC, Visakhapatnam, and also paid consideration to the NGGOs Cooperative House Building Society Limited in this regard, but the same was occupied by the first respondent herein, who is also member of the Society. The Society vide its letter dated 19-2-1991 had allotted the said plot to the first respondent herein, which was allegedly regularised by the Government. 3. Heard the petitioner, who appeared in person and learned Government Pleader for Revenue and perused the record. 4. The petitioner submits that there is allotment of plot in his favour in the year 1993 and first respondent has created the allotment order subsequently with regard to the same plot and that he had raised construction and is in illegal occupation. 5. We have considered the submissions of party-in-person. It appears prima facie that there is dispute with regard to allotment of the plot by the Society formed for the benefit of its members. Admittedly, the petitioner and the first respondent are members of the Society. In case the two members of a Society claim the same plot, the aggrieved member cannot initiate the proceedings under the said Act especially when there is a statutory authority i.e. the Registrar constituted under Section 61 of A.P. Cooperative Societies Act, 1964, to resolve any dispute arising among the members of the Society. In the circumstances, we do not find any infirmity, legal or otherwise, in the impugned order of the Tribunal. 6. The writ petition is accordingly dismissed at the stage of admission. ___________________________ GHULAM MOHAMMED, J. ___________________ C.V.RAMULU, J. 11-07-2008 bsc