Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1964 – s.61 Andhra Pradesh Co-operative Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Andhra Pradesh Co-operative Societies Act, 1964 – s.61 – Plot in question was allotted to defendant no.2, a member of the N.G.O. society, sale deed registered – Plaintiffs (members-former office bearers of the N.G.O. society and non-members-plaintiff nos.4 and 5, a couple) raised grievance w.r.t the said allotment alleging that the plot was reserved as parking area in the layout plan – Divisional Co-operative Officer passed award in favour of the plaintiffs – Award affirmed by Co-operative Tribunal – High Court quashed the award – On appeal, held: Plot in question was not earmarked as a parking area in the layout plan but was only deduced so by the Divisional Co-operative Officer – Further, the person seeking relief from the Court should approach with clean hands – In the present case, plot allotted to defendant no.2 is located in front of the shops belonging to plaintiffs no.4 & 5 – They had earlier requested the NGO Society to allot it in their favour but are now aggrieved when it is allotted to defendant no.2 – However, they seek to explain their conduct by stating that they had sought to purchase the plot and retain it as a parking area –Not acceptable – Plaintiffs No.4 and 5 apart from being non-members who could not have invoked the provisions of the APCS Act, were also rival claimants for allotment of the plot in dispute – Therefore, the challenge by said plaintiffs to the allotment made in favour of the defendant and the same cause being supported by the other plaintiffs, not bonafide – Keeping in perspective the subject matter, the relief sought and the parties involved, High Court was justified in its conclusion – Also, present allotment being of the year 2000, any intervention or action at this juncture will not be justified. |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2022 INSC 31 |
Petitioner | Velagacharla Jayaram Reddy & Ors. |
Respondent | M.venkata Ramana & Ors. Etc |
SCR | [2022] 3 S.C.R. 1021 |
Judgement Date | 2022-01-11 |
Case Number | 11015- 11016 |
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