THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.13266 of 2011 Date : 29-10-2011 Between : Sri P.Lakshmi Prasad Yadav .. Petitioner and The Government of A.P., rep. by its Divisional Cooperative Officer, Markapur, Prakasam District and another .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.13266 of 2011 ORDER : This Writ Petition is misconceived. The petitioner seeks a Mandamus to direct the 1st respondent viz., the Divisional Cooperative Officer, Markapur to adjudicate the dispute between the petitioner and the 2nd respondent alleging that the 2nd respondent is undertaking construction by encroaching into the land of the petitioner. The petitioner claims to be the owner of plot No.1 admeasuring an extent of 336 square meters of land situated in Sy.No.404 (old) corresponding to new Sy.No.404/1 of Markapuram Village, Prakasam District. His grievance is that the 2nd respondent unauthorizedly entered into part of the said land and making construction. Admittedly both the petitioner and the 2nd respondent are not members of a cooperative society. The writ petition is based on a premise that since the original owner was a purchaser of the plot from a cooperative society, even though the petitioner and the 2nd respondent are not members of the society, the dispute is amenable for adjudication by the 1st respondent under Section 61 of the A.P. Cooperative Societies Act, 1964. I am unable to accept the said contention. Under Section 61 of the Act, a dispute referable to the Registrar for a decision if it has arisen touching the constitution, management or the business of a society, among members, past members and persons claiming through them or between a member, past member or person claiming through them or deceased member of the society and its committee or between a society or its committee etc. Admittedly, the 2nd respondent is not a member nor is there any pleading that the 2nd respondent is claiming through any past member. In the circumstances, the petitioner cannot seek adjudication of the claim by the 1st respondent herein. If the 2nd respondent has encroached into the land of the petitioner, the petitioner can always seek the appropriate common law remedy in accordance with law. The Writ Petition is accordingly dismissed. No costs. ________________ NOUSHAD ALI, J. 29th October, 2011. skmr