IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition Nos. 6858 & 6898 of 2008 W.P.No.6858 of 2008: Between: Smt. G. Ranganayakamma, w/o Raghunadha Rao, c/o Venkata Rama Nursing Home, Tadepalligudem, West Godavari District. ... PETITIONER AND 1. The Deputy Registrar/Divisional Co-operative Officer, Hyderabad, West Division, Ranga Reddy District. 2. Sri Sainath Co-operative Housing Society Ltd., TBC No.344, Plot No.348, SSCHS Ltd., VIII, Bahadurpalli post, Borampet, Hyderbad-500 043 rep. by its President. 3. Sri Sainath Co-operative Housing Society Ltd., TBC No.344, Plot No.348, SSCHS Ltd., VIII, Bahadurpalli post, Borampet, Hyderbad-500 043 rep. by its Secretary. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of respondents in cancelling the sale deed of petitioner dated 02-11- 1981 by paying lesser amounts than the prevailing market rate for the plot No.701 purchased by petitioner in Sy.Nos.227/1 and 228 of Bahadurpalli village and Gram Panchayat, Medchal Mandal, Ranga Reddy District, as agreed by them in their printed circular dated 08-04- 2000, as illegal, arbitrary, malafide, unjust and against the principles of natural justice and consequently direct the respondents to cancel the subsequent sale deeds executed in favour of third parties and to re- allot or register the said plot in favour of the petitioner and to pass such other orders. Counsel for the Petitioner: Mr. K. JYOTHI PRASAD Counsel for the Respondent No.1: GP FOR COOPERATION Counsel for Respondent Nos.2&3: -- W.P.No.6898 of 2008: Between: Dr. G. Raghunadha Rao, s/o Venkata Ramaiah, Venkata Rama Nursing Home, Tadepalligudem, West Godavari District. ... PETITIONER AND 1. The Deputy Registrar/Divisional Co-Operative Officer, Hyderabad West Division, Ranga Reddy District. 2. Sri Sainath Co-Operative Housing Society Ltd., TBC No.344, Plot No.348, SSCHS Ltd., VIII, Bahadurpalli post, Borampet, Hyderabad - 500043 rep. by its President. 3. Sri Sainath Co-Operative Housing Society Ltd, TBC No.344, Plot No.348, SSCHS Ltd., VIII, Bahadurpalli post, Borampet, Hyderabad -500043 rep. by its Secretary. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, or order direction more particularly one in the nature of writ of mandamus declaring the action of respondents in cancelling the sale deed of the petitioner dated 02- 11-1981 by paying lesser amounts than the prevailing market rate for the plot No.702 purchased by the petitioner in Sy.Nos.227/1 and 228 of Bahadurpalli (V) and Gram Panchayat, Medchal (M) Ranga Reddy District as agreed by them in their printed circular dated 08-04-2000, as illegal, arbitrary malafide, unjust and against the principles of natural justice and consequently direct the respondents to cancel the subsequent sale deed executed in favour of third parties and to re-allot or register the said plot in favour of the petitioner and to pass such other orders. Counsel for the Petitioner: Mr. K. JYOTHI PRASAD Counsel for the Respondent No.1: GP FOR COOPERATION Counsel for Respondent Nos.2&3: -- The Court made the following: COMMON ORDER: - As the point involved in both these writ petitions is one and the same, these petitions are disposed of by a common order. 2. Petitioner in W.P.No.6858 of 2008 is the wife of the petitioner in W.P.No.6998 of 2008. They filed these with petitions seeking a mandamus declaring the action of respondents in cancelling their sale deeds, dated 02-11-1981, by paying lesser amounts than the prevailing market rate for plot Nos.701 and 702 respectively purchased by them in Sy.Nos.227/1 and 228 of Bahadurpalli village and Gram Panchayat, Medchal Mandal, Ranga Reddy District as agreed by them in their printed circular, dated 08-04-2000, as illegal and arbitrary. 3. Heard learned counsel appearing for petitioners and the learned Government Pleader for Co-operation. 4. According to the petitioners they became the members of second respondent – Sri Sainath Co-operative Housing Society Limited and purchased Plot Nos.701 and 702 admeasuring total extent of 431 and 280 square yards respectively for valid consideration and thereafter regular sale deeds were also registered in their name on 02-11-1981. Thereafter, the said sale deeds were cancelled on 09-03-2004. Questioning the same, petitioners gave number of representations to respondents 1 to 3 but there was no response. Again, petitioners gave representations on 08-02-2008 to first respondent requesting him to conduct an enquiry into the cancellation of the sale deeds, but, however, first respondent has not initiated any action so far. Hence, petitioners approached this Court and filed the present writ petitions. 5. Apparently the said action initiated by respondents 2 and 3 was brought to the notice of first respondent, and first respondent is duty-bound to conduct enquiry into the said allegations and pass appropriate orders. 6. Accordingly, both the writ petitions are disposed of at the stage of admission directing first respondent to consider the representations, dated 08-02-2008, (petitioners shall give a copy of the same to first respondent once again) within a period of eight weeks from the date of receipt of a copy of this order. If the said plots are not re-allotted to any new members the same may not be done for a period of eight weeks. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.31-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} Form-NIC-OGS/WP{MSN}