IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 19617 of 2001 Between: The Kalidindi Ex.Serviceman Co.operative Agricultural Colonisation Society, Rep. by its President A.Adam, S/o. Joseph, R/o. Santoshpuram Village, Kalidindi Mandal, Krishna District. ..... PETITIONER AND 1 The Principal Secretary to Government of Andhra Pradesh, Revenue Department, Secretariat, Hyderabad. 2 The District Collector, Machilipatnam, Krishna District. 3 The Revenue Divisional Officer, Gudivada Revenue Division, Gudivada, Krishna District. 4 The Mandal Revenue Officer, Kalidindi Mandal, Kalidindi, Krishna District. 5 Katari Bogeswara Rao, S/o. Ramaiah, R/o. Amaravathi, kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) 6 Nakka Anjineyulu, S/o. Subbaiah, R/o. Amaravathi, Kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) 7 E. Venkateswara Rao, S/o. Venkanna, R/o. Amaravathi, Kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) 8 P.Ramakrishnam Raju, S/o. Ramachandra Raju, R/o. Guduvaipalem, Kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) 9 B.Kanakambaram, S/o. Yakubu, R/o. Santhoshpuram, Kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) 10 M. Shobhanadrinamma, W/o. Satyanarayana Murthy, R/o. Guruvaipalem, Kalidindi Mandal, Krishna District. (RR5 to 10 are impleaded as per Court Order in WPMP 26877/01 dt.28-12-2001) ...RESPONDENTS Counsel for the Petitioner: None appeared Counsel for respondents 1 to 4: AGP FOR REVENUE Counsel for respondents 5 to 10: MR M.RAVINDRANATH REDDY FOR MR B.SOMASEKHAR The Court made the following : O R D E R: This writ petition is ﬁled for a writ of Mandamus to cancel the pattas, which were issued to the third parties. The petitioner-Kalidindi Ex-servicemen Co-operative Agricultural Colonization Society claimed that by G.O.Ms.No.1401 dated 12-05-1947, the Government alienated Acs.1,899.00 to the society; that the said society formed three colonies for residential purpose and that after the said G.O was issued, the revenue authorities granted individual pattas for all the members of the society to the extent of Acs.5.00 each. The grievance of the petitioner- society is that the revenue authorities are issuing D-Form pattas of the colony lands to certain persons, who are claiming to be the members of the society, but were actually not the members. The petitioner-society referred to the names of nine persons (six of them were subsequently impleaded as respondents 5 to 10), who were stated to have been granted pattas in respect of diﬀerent extents of land. In paragraph 4 of the aﬃdavit, it is averred that the society ﬁled a petition before the Additional Registrar of Co- operative Societies raising a dispute regarding the eligibility for admission of the said persons into the society. At the hearing, no one appeared for the petitioner- society. From the above referred averments contained in the aﬃdavit, it is clear that the dispute pertains to grant of pattas in respect of respondents 5 to 10 and others, whose status as members of the society is disputed by the petitioner-society. Sri M.Ravindranath Reddy, learned counsel appearing for respondents 5 to 10, invited my attention to the orders passed in W.P.Nos.7446 and 7881 of 1988 ﬁled by respondents 5 to 10 herein and others against the action of keeping the pattas granted in their favour in abeyance. The said writ petitions were allowed by this Court by order dated 31-10-1991 and Writ Appeal Nos.1741 and 1743 of 1992 ﬁled by the aggrieved parties against the order in W.P.Nos.7446 and 7881 of 1988 were dismissed by a Division Bench of this Court on 25-04-2001. Under Section 61 of the Andhra Pradesh Co-operative Societies Act, 1964, every dispute touching the constitution, management or the business of a society, other than a dispute regarding disciplinary action taken by the society or its committee against a paid employee of the society, among members, past members and persons claiming through members, past members and deceased members; or between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any oﬃcer, agent or employee of the society; or between the society or its committee, and any past committee, any oﬃcer, agent or employee, or any past oﬃcer, past agent or past employee etc., shall be referred to the Registrar of Co- operative Societies for decision. As noted supra, the petitioner itself averred that a dispute regarding the eligibility of respondents 5 to 10 and others for admission into the society was raised before the Additional Registrar. Therefore, the petitioner is entitled to pursue the said remedy or invoke any other remedy before the Registrar for deciding the dispute arising out of the membership of respondents 5 to 10 and their eligibility for allotment of land. Subject to the above observations, the writ petition is dismissed. C.V.NAGARJUNA REDDY, J Dated 18th September, 2008 vrn