Petitioners sought quashing of sale deeds by a cooperative housing society and restraint on a general body meeting and auction. Counsel admitted the board resolution of 12.04.2021 had not been challenged; permission was granted to withdraw and file afresh.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
ro /.
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'S. /
o m M ^
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 15713 OF 2021
Between:
...Petitioners
AND
telephones Supervisor, BSNL department, R/o Door No.87/923, Telecom Nagar, Near Nandyala Check-post, Kurnool City.
Pothuraju Rama Das, S/o Nagappa, Hindu, aged 64 years. Retired Telephones Supervisor, BSNL department, R/oDoorNo. 87/923, Telecom Nagar, Near Nandyala Check-post, Kurnool City.
...Respondents
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or particularly one inthenatureofWRITOF MANDAMUS declaring the so called sale deeds dated 01-05-2021 executed in favour of the respondents Nos.10 and 11 by the respondents Nos.7 to 9 as illegal and void and further directing the respondents Nos. 7 to 9 not to conduct the so called general body meetingand also not to conduct auction scheduled for 01-08-2021 as illegal and also directing the respondents Nos.10 and 11 not to construct any building or other structures on the land mentioned in the schedules of the so called sale deeds dated 01-05-2021 and not to conduct auction in respect of the remaining land for an extent of Ac.0.4 Cents and more.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an order declaring the two house plots purchased
respectively from the society by Pothuraju Ramadasu,thePresidentofthe society, the respondent No.7, Edigoti Tirupathaiah, the Secretary, the respondent No. 8, as illegal and violative of the said Cooperative Department proceedings Vide R.C. No. 21636/97/ Housing (1) Published in A.P. Gaztte, Rs to Part 2 (Ext), dated 3-12-1997 AP 147 and consequently cancel the same and further declaring the plot purchased by Mala Savari through the Sale Deed dated 02-09- 2021 as illegal and void and directing the respondents No. 7 and 8 to take such steps so as to get the said sale deed cancelled
lA NO: 1 OF 2021
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass another interim order directing the respondent nos.10 and 11 not to construct any building or other structuresonthelandmentionedin the schedules of the so called sale deeds dated 01-05-2021
lA NO: 2 OF 2021
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order directing the respondentsnos.7to9notto conduct the so called general body meeting scheduledfor01-08-2021and not to conduct auction in respect of the remaining land in an extent of Ac.0.4 Cents and more as illegal
Counsel for the Petitioner: SRI Y KOTESWARA RAO
Counsel for the Respondents: BETHAPALLI SURYANARAYANA (CENTRAL GOVT COUNSEL)
Counsel for the Respondents No.7, 8, 10 & 11: SRI C PRAKASH REDDY
Counsel for the Respondent No.9: SRI N KRISHNA MURTHY The Court made the following: Order
APHC010271852021
[3333]
IN THE HIGH COURT OF ANDHRA PRADESH 050 AT AMARAVATI 0Ls1^ (Special Original Jurisdiction)
MONDAY,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 15713/2021
Between:
Shaik Anwar Hussain, and Others
...PETITIONER(S)
AND
The Government Of India and Others Counsel for the Petitioner(S):
...RESPONDENT(S)
1.Y KOTESWARARAO
Counsel for the Respondent(S):
The Court made the following:
ORDER:
This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief;-
to pass an order or particularly one in the nature of WRIT OF MANDAMUS declaring the so called sale deeds dated 01.05.2021 executed in favour of the respondents Nos. 10 and 11 by the respondents Nos. 7 to 9 as illegal and void and further directing the respondents Nos.7 to 9 not to conduct the so called general body meeting and also not to conduct auction scheduled for 01.08.2021 as illegal and also directing the respondents Nos. 10 and 11 not to construct any building or other structures on the land mentioned in the schedules of the so called sale deeds dated 01.05.2021 and not to conduct auction in respect of the remaininglandforanextentof Ac.0.4 Cents and more and to pass ”
Heard learned Senior Counsel appearing for the petitioners, learned Government Pleader for Cooperation, Sri. N. Krishna Murthy, learned counsel for respondent No.9 and Sri. C. Prakash Reddy, learned counsel appearing for respondent Nos.7, 8, 10 and 11.
Today when the writ petition came up for hearing, learned Senior Counsel appearing for the petitioners has admitted the fact that without challenging the board resolution dated 12.04.2021, they have filed the present writ petition seeking cancellation of the so called sale deeds dated 01.05.2021 executed in favour of the respondent Nos. 10 and 11; further sought permission to withdraw the writ petition with liberty to file fresh writ petition challenging the board resolution dated 12.04.2021.
Permission as sought for is accorded.
Accordingly, writ petition is dismissed as withdrawn, with a liberty to challenge the board resolution dated 12.04.2021. There
shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall
also stand closed.
To,
//TRUE COPY//
SD/- K KASIRAO ACHARI ASSISTANT,REGISTRAR
SECTI OFFICER
HIGH COURT
DATED:04/03/2024
ORDER
O
o i 3 Sf 20ii C9m
%
WP.No.15713 of 2021
DISMISSED AS WITHDRAWN WITHOUT COSTS
1 issue framed by the court
Whether the writ petition seeking cancellation of sale deeds executed by the society could be maintained without challenging the underlying board resolution.
1 provisions across 1 enactments
Shaik Anwar Hussain
Nagam Rama Raju
The Government of India, Tele Communications Department
The Government of Andhra Pradesh, Department of Cooperation
The Registrar of Cooperative Societies, Andhra Pradesh
The District Collector, Kurnool District
V.Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
