IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE NINETEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9275 of 2007 Between: V. Janardhan Babu S/o Late V. Venkataramaiah R/o Flat No. 303, Vishnu Mansion, Srinagar Colony, Hyderabad ..... PETITIONER AND 1 Government of Andhra Pradesh rep by its Secretary, Housing (Co-operation) Department, Secretariat Buildings, Hyderabad. 2 The Arbitrator/Additional Registrar of Cooperative Societies, Gruhakalpa Buildings, M.J. Road, Hyderabad. 3 The jubilee Hills Cooperative House Building Society ltd., rep by its Secretary, Road No. 17-A, Jubilee Hills, Hyderabad. 4 Kishore Bommaji S/o B. Danam, Joint Commissioner of Income Tax at Siligiri, West Bengal State, R/o Flat No. 104, Dwaraka Appartments, Thakur Mansion Lane, Somajiguda, Hyderabad. .....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 a Writ order or direction or in the nature of writ of Mandamus declaring the action of the second respondent in entertaining A.R.C. No.2 of 2007 at the instance of the fourth respondent as arbitrary, illegal, improper unjust and contrary to the provisions of the AP Co-operative Societies Act and the law of Limitation and issue a consequential direction forbearing the second respondent from proceeding in the matter any further and also to declare the interim order dt 17-02-2007 passed by the second respondent in A.R.C. No. 2 of 2007 on his file as illegal, improper and unjust and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.V.VIDYASAGAR Counsel for the Respondent No.1: GP FOR COOPERATION Counsel for the Respondent Nos.2 and 3: Sri C.V.R.Rudraprasad Counsel for the Respondent No.4 : Sri R.N.Hemendranath Reddy The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9275 of 2007 ORDER: Petitioner seeks to assail the action of the 2nd respondent in entertaining A.R.C.No.2 of 2007 filed by the 4th respondent and passing interim order of status quo, dated 17.02.2007, in the said A.R.C. Heard the learned counsel for both the parties and perused the record. Apparently, there is a dispute between the petitioner and the 4th respondent with regard to allotment of site and the 4th respondent filed A.R.C.No.2 of 2007 before the 2nd respondent and the same is pending. However, according to the learned counsel for the petitioner, the 2nd respondent-Arbitrator has no jurisdiction to entertain the dispute and the 4th respondent is not having any locus to file the ARC. These factual aspects cannot be gone into by this Court in exercise of its powers under Article 226 of the Constitution of India, and it is always open to the petitioner to raise all the aspects before the Arbitrator. The Arbitrator shall consider the issues with regard to the jurisdiction and the locus of the 4th respondent to file A.R.C.No.2 of 2007, before deciding the main issues, and pass appropriate orders, duly affording an opportunity to the petitioner as well as the 4th respondent. If any party is aggrieved by the final order that would be passed in the A.R.C., then he can approach this Court seeking redressal of his grievance. With the above direction, the writ petition is disposed of. There shall be no order as to costs. __________ 19.04.2008 sh To 1 The Secretary, Government of Andhra Pradesh, Housing (Co-operation) Department, Secretariat Buildings, Hyderabad. 2 The Arbitrator/Additional Registrar of Cooperative Societies, Gruhakalpa Buildings, M.J. Road, Hyderabad. 3 The Secretary, jubilee Hills Cooperative House Building Society ltd., Road No. 17-A, Jubilee Hills, Hyderabad.