Telangana High Court
WP/9500/2006 of Veeravaram Primary Agricultural Cooperative Society Ltd., Vs The Deputy Registrar of Cooperative Societies, on 26 December 2006
SRI JUSTICE C.V. RAMULU WRIT PETITION NO.9500 OF 2006 DATED: 26-12-2006 Between: Veeravaram Primary Agricultural Co-operative Credit Society Limited, Veeravaram, Kirlampudi Mandal, East Godavari District represented by its Chief Executive Officer K.V. Ramana .. Petitioner and The Deputy
THE HONOURABLE SRI JUSTICE C.V. RAMULU
WRIT PETITION NO.9500 OF 2006
DATED: 26-12-2006
Between:
Veeravaram Primary Agricultural Co-operative Credit Society Limited,Veeravaram, Kirlampudi Mandal, EastGodavari District represented by its ChiefExecutive Officer K.V. Ramana
.. Petitioner
and
The Deputy Registrar of Co-operativeSocieties, Peddapuram, East GodavariDistrict and others.
.. Respondents
THE HONOURABLE SRI JUSTICE C.V. RAMULUWrit Petition No.9500 of 2006
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Order:
This writ petition is filed seeking a certiorari to call for the recordspertaining to the order dated 29-09-2005 in O.A.No.202 of 2004 on thefile of A.P. Co-operative Tribunal at Visakhapatnam wherein the ordersof the 1[st] respondent were confirmed, and quash the same as arbitraryand illegal.
It appears, the 2[nd] respondent has obtained loan from thepetitioner-society and when he fell in arrears, the society has calledupon him to deposit the entire amount. However, when a claimpetition was filed by the 2[nd] respondent before the Deputy Registrar ofCo-operative Societies, Peddapuram, the same was examined underSection 62 of the A.P. Co-operative Societies Act, 1964 and orderswere passed stating that in view of the adjustment of 75% of thebalance amount during the extended period of One Time Settlementscheme between 01-07-2003 to 31-12-2003, the 2[nd]respondent is eligible for O.T.S. as per G.O.Ms.No.70 Agriculture andCo-operative (Coop.VI) Department dated 22-02-2002 and thepetitioner-society was directed to re-calculate the loan amount underO.T.S. scheme and refund the loan amount, if found excess.
Aggrieved by the same, the petitioner-society has filed an appealin O.A.No.202 of 2004 before the A.P. Co-operative Tribunal atVisakhapatnam. The appellate authority, in the impugned order, observed that the cut-off date for payment of the remaining 75%amount was extended upto 31-12-2003, as per circular dated 25-09-2003 of the General Manager, District Co-operative Central BankLimited, Kakinada, for the benefit of the borrowers. As the instructionsfor the extension of the scheme were not communicated/ received bythe time of adjustment of the insurance proceeds to the loan account ofthe 2[nd] respondent, the petitioner-society has not extended the benefitof interest rebate scheme. It was further observed that after receipt ofthe circular instructions about the extension of O.T.S. scheme, thesociety should have considered the request of the 2[nd] respondent andthus came to the conclusion that the 1[st] respondent was justified inpassing the impugned order and confirmed the orders passed in theclaim petition.
In view of the above, I am of the opinion that when there isextension of the scheme, the order passed by the appellate authorityconfirming the orders passed by the authority does not call for anyinterference of this Court. Therefore, the petition is liable to bedismissed.
The writ petition is accordingly dismissed. There shall be noorder as to costs.
26[th] December 2006.IBL
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C.V. RAMULU, J