Smt.Chinnapolu Subba Lakshumma, v. The A.P. Co-Op. Housing Societies Federation Ltd.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 9983 of 2015 BETWEEN Smt.Chinnapolu Subba Lakshumma ... PETITIONER AND The Managing Director, A.P.House Fed & another ...RESPONDENTS The Court made the following:

ORDER:

Heard learned counsel for the petitioner and Mr.Maturi Aravind, learned counsel appearing for respondent No.1.

2. Petitioner, who is stated to have been granted housing loan by respondent No.2-Society, claims that she is paying equated monthly instalments regularly to respondent No.2Society. Respondent No.1 has, however, made a claim against the petitioner for which petitioner gave a legal notice to respondent No.1 pointing out that petitioner has already made requisite payments to respondent No.2. However, respondent No.1 has replied the said notice under impugned proceedings, dated 13.09.2014 by taking a stand that it is not concerned with respondent No.2 as the loan is advanced by it. The said proceeding of respondent No.1 is questioned herein.

3. Apparently, the dispute is between the lender's-Society and the borrower. Whether respondent Nos.1 and 2 are both entitled to recover the loan amount from the petitioner and to what extent, are all questions which are in dispute. Admittedly, petitioner has an effective alternative remedy to approach the competent authority under Section 61 or 76 of the A.P. Cooperative Societies Act, as applicable. Hence, there is no reason to entertain the writ petition.

Writ petition is, therefore, disposed of with a liberty to avail such alternative remedy as advised. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J April 9, 2015 Lmv