Telangana High Court
WP/25265/2004 of M/s Veera Brahmananda Swami Saw Mills, Vs Andhra Pradesh Co-op Bank, Troop Bazar, Hyderabad, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 25265 of 2004 Between: M/s.Veera Brahmanda Swami Saw Mills, Rep. by its Proprietor
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MS. JUSTICE G.ROHINI
WRIT PETITION NO : 25265 of 2004
Between:
M/s.Veera Brahmanda Swami Saw Mills,
Rep. by its Proprietor
K.Nallanna, S/o.K.Eswarappa,
Aged about 60 years, Occ : Business,
R/o.Yemmiganur, Kurnool District.
AND
..... PETITIONER
1. Andhra Pradesh Co-op. Bank,rep. by its General Manager,Troop Bazar, Hyderabad.
2. The Commissioner for Cooperationand Registrar of Coop. Societies,A.P., Hyderabad.
3. The District Co-op. Central Bank,Kurnool, Kurnool District, Rep. by its General Manager.
4. The Branch Manager,
Kurnool District Co-op. Central Bank,Yemmiganur Branch, Kurnool District.
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue an order or direction, writ or writs more particularly in the nature of Writ ofMandamus declaring the action of the respondents in putting a cut off date ofpayment of 25% on or before 31-12-2004 and the remaining 75% amount on orbefore 31-03-2005 in OTS scheme and not passing any orders on my representationdated 23-12-2004 is illegal, arbitrary and against the principles of natural justice,unreasonable and unjustice and consequently direct the respondents to extend thetime for payment of 25% on or before 31-03-2005 and remaining 75% of the dueamount on or before 31-03-2006.
Counsel for the Petitioner:MRCH.JANARDHAN REDDYCounsel for the Respondent Nos.1 and 2: GP FOR COOPERATIONCounsel for the Respondent Nos.3 and 4:Smt.K.SESHARAJYAM The Court atthe admission stage made the following :
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ORDER:
Heard the learned counsel for the petitioner and the learned standing counselappearing for the respondents 3 and 4 and perused the material on record.
This writ petition is filed aggrieved by the alleged action of the respondents in notconsidering the request of the petitioner for extension of time for payment of theamounts under OTS Scheme.
As can be seen from the material on record, the petitioner made a representationonly on 23-12-2004 seeking extension of time for payment of 25% and 75% amountunder the OTS Scheme. Hence, it is for the respondents to consider the same inaccordance with the law and to take an appropriate decision.
In the circumstances, without expressing any opinion on merits, the writ petition isdisposed of with a direction to the respondents 3 and 4 to consider therepresentation of the petitioner dated 23-12-2004 and pass appropriate orders inaccordance with law, as expeditiously as possible, preferably within a period of twoweeks from the date of receipt of a copy of this order. No costs.
Note : C.C. in three days.
(B/o)
Stp
To
1. The General Manager, Andhra Pradesh Co-op. Bank,Troop Bazar, Hyderabad.Troop Bazar, Hyderabad.
2. The Commissioner for Cooperation
and Registrar of Coop. Societies,
A.P., Hyderabad.
3. The General Manager, District Co-op. Central Bank,Kurnool, Kurnool District,Kurnool, Kurnool District,
4. The Branch Manager,
Kurnool District Co-op. Central Bank,
Yemmiganur Branch, Kurnool District.
5. Two CCs to GP for Co-operation, High Court of A.P., Hyderabad (OUT).
6. Two CD copies.