IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20063 of 2008 Between: P.V.Murthy Raju S/o.P.Narsimha Raju R/o.Flat No.209,3rd floor, Blcok -A, 2nd Lift Sri Sai Krupa Apartments, Kompally (PO), Qutbullahpur Mandal Ranga Reddy District ..... PETITIONER AND 1 The AP Co-operative Tribunal, Hyderabad, at Nampally Hyderabad 2 The Deputy Registrar/Arbitrator, Divisional Co- operative Officer, Lakshmi Estates, 2nd Floor, Hyderabad West Upstairs of J.D.Electronics, J.N.Road Abids, Hyderabad 3 BHEL MIG Employees Co-operative Housing Society Limited, (Regd.No.TBC-316) at Present Regd.No.TBC- 724,BHEL,MIG Phase-I R.C.Puram, Ranga Reddy District, rep.by its President .....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 pass an order direction or writ more particularly one in the nature of writ of Certiorari calling records relating to the Judgment passed by the 1st respondent in CTA.No.18 of 2008 dated 1.8.2008 and quash the same and consequently direct the 3rd respondent society to allot the plot/house to the petitioner and pass such other and further orders which this Hon`ble court deems ﬁt and proper in the circumstances of the case and in the interest of justice Counsel for the Petitioner: PARTY-IN-PERSON Counsel for Respondent Nos.1 and 2: GP FOR COOPERATION Counsel for Respondent No. 3: Sri D.V. Bhadram Counsel for Respondent No.2: Smt. Kalpana Ekbote The Court at the stage of admission made the following : ORDER: The petitioner joined the service of BHEL in the year 1963. BHEL MIG Employees Cooperative Housing Society Limited, the 3rd respondent herein was formed in the year 1981. The petitioner was one of the founder members of the Society. However, he resigned to his service in the year 1982. The Government of Andhra Pradesh, allotted an extent of Acs.235.00 of land to the 3rd respondent – Society through G.O.Ms.No.228, Industries and Commerce, dated 19-06-1985, for the purpose of allotment to the employees of BHEL, through a cooperative housing scheme. The allotments were stated to have been made in the year 1991. The petitioner was not allotted on the ground that he ceased to be the employee of BHEL from 1982 onwards. The petitioner approached the Deputy Registrar of Cooperative Societies, the 2nd respondent herein under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964 by ﬁling ARC No. 13 of 2007 complaining that he was denied allotment of house plot by the 3rd respondent. The ARC was dismissed on 24-01-2008. Aggrieved thereby, the petitioner ﬁled CTA No. 18 of 2008 before the Andhra Pradesh Cooperative Tribunal at Hyderabad. The appeal was dismissed on 01- 08-2008. Hence, this writ petition. The petitioner, who appeared as party in person, submits that the 3rd respondent relied upon an amendment to the byelaws aﬀected in the year 1988 and the same does not apply to his case. He contends that the Society was under obligation to allot a plot to him on the basis of his seniority in the membership of the Society. Learned Government Pleader for Cooperation and Sri D.V. Bhadram, learned counsel for respondent No.3 who ﬁled caveat submit that the allotment by the Government was specifically in favour of the employees of the BHEL and as on the date of the GO, the petitioner was not an employee. Further contentions have also been urged. It is not in dispute that the petitioner is a member of the 3rd respondent – Society though he resigned to his service within one year from the date of being member. Totally diﬀerent things would have ensued, had it been a case where the Society acquired the property on its own accord and distributed the land. In such an event, the seniority of membership is required to be followed. It is also possible to contend that the amendment to the byelaws providing for termination of membership on account of resignation or dismissal from the service of BHEL; aﬀected in the year 1988 would operate only prospectively and that the petitioner cannot be disqualified under it. The fact however remains that the allotment of the land in favour of the 3rd respondent – Society by the Government through G.O.Ms. No. 228, dated 10-06-1985 was speciﬁcally for the purpose of “construction of houses to the employees” of the BHEL under their cooperative housing scheme. Therefore, the allotment of a plot can be made only to such member of the Society who is an employee of the BHEL. It is not in dispute that the petitioner ceased to be an employee of BHEL in the year 1982 itself. Therefore, it cannot be said that there was any illegality on the part of the 3rd respondent. The writ petition is accordingly dismissed. There shall no order as to costs. L.NARASIMHA REDDY, J Dated: 16-09-2008 ks ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The AP Co-operative Tribunal, Hyderabad, at Nampally Hyderabad 2 The Deputy Registrar/Arbitrator, Divisional Co- operative Officer, Lakshmi Estates, 2nd Floor, Hyderabad West Upstairs of J.D.Electronics, J.N.Road Abids, Hyderabad 3 The President, BHEL MIG Employees Co-operative Housing Society Limited, (Regd.No.TBC-316) at Present Regd.No.TBC- 724,BHEL,MIG Phase-I R.C.Puram, Ranga Reddy District. 3 Two CCS to the Government Pleader for Cooperation, High Court of Andhra Pradesh, Hyderabad (OUT). 4 Two CD copies