IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE GODA RAGHURAM & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No.981 of 2009 Date: 29.09.2010 Between: P.V.Murthy Raju …..Appellant And: The A.P. Co-operative Tribunal, Hyderabad And 2 others. …..Respondents. HONOURABLE SRI JUSTICE GODA RAGHURAM & HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No.981 of 2009 JUDGMENT:(PER HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU) Unsuccessful writ petitioner whose writ petition No.20063 of 2008 was dismissed by the learned Single Judge at the stage of admission, is the appellant who urged his case in person. He filed the writ petition seeking certiorari for quashing judgment dated 01.08.2008 passed by the 1st respondent/Andhra Pradesh Cooperative Tribunal, Hyderabad in C.T.A. No.18 of 2008. 2) The appellant joined in service in Bharat Heavy Electricals Limited (in short, BHEL) in the year 1963 and resigned for his job in the year 1982. While so, the 3rd respondent/BHEL MIG Employees Cooperative Housing Society Limited (in short, the Society) was formed for catering to housing needs of BHEL employees; and the appellant joined as member in the society in the year 1981 while he was in service. Even after resignation, neither the society removed his membership nor the appellant quit his membership in the society. By G.O.Ms.No.278, dated 19.06.1985 of Industries and Commerce (INF) Department of Government of Andhra Pradesh, the Government accorded permission to BHEL to surrender Ac.235.00 of land for purpose of construction of houses to their employees under their Co-operative housing scheme. Allegation of the writ petitioner/appellant is that no site or house constructed therein was allotted to him by the society. Therefore, he instituted a petition in A.R.C. No.2266/90-CSR(F1) before the Co-operative Sub-Registrar/Arbitrator, Hyderabad (West) division raising dispute under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1964 against the society. By Award dated 29.06.1991, the Arbitrator/Co-operative Sub-Registrar dismissed the case. Questioning the same, the writ petitioner/appellant filed C.T.A. No.369/96 before the 1st respondent/A.P.Co-operative Tribunal, Hyderabad. By judgment dated 28.06.2007, the Tribunal allowed the appeal, set aside award passed by the Arbitrator and remanded the matter to the Arbitrator for fresh disposal. After remand, the matter was taken up by the arbitrator/Deputy Registrar-Divisional Co-operative Officer, Hyderabad (West) Division, Rangareddy District as A.R.C. No.13/2007 and after enquiry and hearing, the arbitrator who is the 2nd respondent herein passed award dated 24.01.2008 dismissing the petition holding that the petitioner is not entitled to get plot from the society. Questioning the said order, the petitioner filed C.T.A. No.18 of 2008 before the 1st respondent/tribunal. The tribunal by the impugned judgment dated 01.08.2008 dismissed the appeal. The writ petitioner was unsuccessful before the learned Single Judge also. 3) It is contended by the petitioner that since he continued to be member of the society, the society is under an obligation to allot housing plot to him and to construct MIG house for him therein at the prescribed cost prevailing during the relevant period. He urged that he exercised franchise during elections for managing committee of the society conducted during the years 1985, 1990 and 1994 and that when he is entitled to vote in the elections of the society for electing its managing committee, it is not known how and why he is not entitled to a plot and house out of Ac.235.00 covered by G.O.Ms.No.278, dated 19.06.1985. 4) Relevant portion of G.O.Ms.No.278 reads as follows: “Government also hereby permit Bharat Heavy Electricals Limited to surrender 235 acres of land for the purpose of construction of the houses to the employees and their cooperative Housing Scheme.” It shows that Ac.235.00 of land was permitted to be surrendered by BHEL for building houses to its employees under their cooperative housing scheme. Neither BHEL surrendered the said land to the society nor the Government allotted the said land of Ac.235.00 to the society. G.O.Ms.No.278 does not show that the society was conferred with any right or title in the said land. It only shows that the society was only a coordinating agency or facilitating agency between BHEL and its employees for construction of houses in the land of Ac.235.00 under their cooperative housing scheme. The intention of G.O.Ms.No.278 is only to provide houses to BHEL employees and is not to provide houses to retired employees or resigned employees or kith and kin of deceased employees. Admittedly the writ petitioner/appellant was not BHEL employee by the date of G.O.Ms.No.278 or by the date of allotment of plots with constructed houses to its employees by the society. The question whether the writ petitioner was a member of the society during the above dates is not relevant in deciding entitlement of house plot/constructed house in the above land. The criterion is only whether he was employed as worker in BHEL by the above relevant dates. Further question whether amendment to Bye-laws of the society made in the year 1988 incapacitating a person from its membership after he ceased to be BHEL worker, can be applied retrospectively, is also not relevant for the purpose of deciding the controversy herein. Irrespective of continuation of his membership in the society after the year 1982 when he resigned from BHEL service, the petitioner is not entitled for allotment of any housing plot or constructed house to him as he ceased to be BHEL employee prior to G.O.Ms.No.278 of the year 1985. The learned Single Judge rightly refused to entertain the writ petition filed by the petitioner. 5) Hence, the writ appeal is dismissed, in the circumstances without costs. ___________________ GODA RAGHURAM, J _____________________________ SAMUDRALA GOVINDARAJULU, J September 29, 2010 KSH