C. Vasudeva Reddy, Vs The State of Andhra Pradesh

The Writ Petition is filed for a Writ of certiorarified mandamus declaring the action of the 5^th and 6^th respondents in seeking to register the plots in favour of ineligible persons contrary to the byelaws of the Piler NGO’s Cooperative House Building Society Ltd., C.R.No.686 and Andhra Pradesh Cooperative Societies Act, 1964 and contrary to the Rules of the Andhra Pradesh Gram Panchayat Land Development (Layout and Building Rules 2002) and consequently direct the respondent No.5 and 6 to register the plots in favour of the eligible members and pass such other suitable orders.

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2. Several facts had been narrated in the affidavit filed in support of the writ petition.

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3. R.5 and R.6 filed W.V.M.P.NO.2243/2008 to vacate the interim order.

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4. Specific stand had been taken that the Writ Petition under Article 226 of the Constitution of India is not maintainable and several further facts also had been narrated in the counter affidavit.

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5. This Court had thoroughly gone through the averments made in the affidavit filed in support of the writ petition and also the stand taken in the counter affidavit. In the light of the facts and circumstances, this Court is thoroughly satisfied that the Writ Petition as such is a misconceived remedy but however liberty is given to the petitioners to agitate their rights if any in accordance with law.

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6. Subject to the above observation, the Writ Petition is hereby dismissed. No order as to costs.

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Justice P.S.Narayana

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2^nd December, 2009

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smr

C. Vasudeva Reddy, v. The State of Andhra Pradesh

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C. Vasudeva Reddy, v. The State of Andhra Pradesh

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