IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5787 of 2008 Between: Smt. Seethala Rathnakumari W/o.Ramakrishna Rep.by her GPA holder Dr G.Raghunadha Rao S/o.Venkata Ramaiah(84) Venkata Rama Nursing Home, Tadepalligudem W.G Dist ..... PETITIONER AND 1 The Dy Registrar/Divisional Co-Operative Officer, Hyd W.G Dist R.R Dist 2 Sri Sainath Co-Operative Housing Society Ltd, TBC No.344 Plot No.348 SSCHS Ltd VIII Bahadurapalli 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 Bahadurapalli Post Borampet Hyderabad-500043 Rep.by its President .....RESPONDENTS 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 issue an appropriate writ, order direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in canceling sale deed of the petitioner dt 2-11- 1981 by paying lesser amounts than the prevailing market rate for the plot No.699 and 700 purchased by the petitioner in Sy.No.227/1 and 228 of Bhadurapally(V) and G.P Medchal (M) R.R Dist as agreed by them in their printed circular dt.8-4-2000 as illegal arbitrary malafide unjust and against the principles of natural justice and to consequently direct the respondents not to reallot or register the said two plots in favour of any third parties. Counsel for the Petitioner: Mr.K.JYOTHI PRASAD Counsel for the Respondents: GP FOR COOPERATION The Court made the following : ORDER: Petitioner seeks a writ of mandamus declaring the action of the respondents in cancelling his sale deed, dated 02-11-1981, by paying lesser amounts than the prevailing market rate for plot Nos.699 and 700 purchased by him in Sy.Nos.227/1 and 228 of Bahadurpally village and gram panchayat, Medchal mandal, Rangareddy District as agreed by them in their printed circular, dated 08-04-2000, as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioner and the learned Government Pleader for Co-operation. 3. According to the petitioner she became a member of the 2nd respondent-Sri Sainath Co-operative Housing Society Limited and purchased Plot Nos.699 and 700 admeasuring total extent of 523 sq.yards for valid consideration and thereafter a regular sale deed was also registered in her name on 02-11-1981. Thereafter, the said sale deed was cancelled on 09-03-2004. Questioning the same, petitioner gave number of representations to the respondents 1 to 3 but there was no response. Again, petitioner gave a representation on 08- 02-2008 to the 1st respondent requesting him to conduct an enquiry into the cancellation of the sale deed, but however, 1st respondent has not initiated any action so far. Hence, the petitioner approached this Court and filed the present Writ Petition. 4. Apparently the said action initiated by the respondents 2 and 3 was brought to the notice of the 1st respondent, and the 1st respondent is duty-bound to conduct enquiry into the said allegations and pass appropriate orders. 5. Accordingly, Writ Petition is disposed of at the stage of admission directing the 1st respondent to consider the said representation, dated 08-02-2008, (petitioner shall give a copy of the same to the 1st 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. _______________________ T.GOPALAKRISHNA,J 18th March, 2008 Tsy To 1 The Dy Registrar/Divisional Co-Operative Officer, Hyd W.G Dist R.R Dist 2 Sri Sainath Co-Operative Housing Society Ltd, TBC No.344 Plot No.348 SSCHS Ltd VIII Bahadurapalli 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 Bahadurapalli Post Borampet Hyderabad-500043 Rep.by its President