Telangana High Court
WP/25159/2004 of Toleti Venkata Swamy Naidu, Vs The Deputy Registrar, on 31 December 2004
HIGH 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 : 25159 of 2004 Between: 1 Toleti Venkata Swamy Naidu, S/o Narasimha Rao, R/o Rajavaram
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.ROHINIWRIT PETITION NO : 25159 of 2004
Between:
1 Toleti Venkata Swamy Naidu, S/o Narasimha Rao, R/o Rajavaram Village,Koyalagudem Mandal, West Godavari District.2 P.V.S. Prasad, S/o Vidya Bhaskar, R/o Timmapuram, Jangareddy Gudem Mandal, West Godavari District.
3 Pydeti Krishna Murthy, S/o Satyam,R/o Pangidigudem, Jangareddy Gudem Mandal, West Godavari District.
..... PETITIONERS
AND
1 The Deputy Registrar, Co-operative Societies, Kovvur, West Godavari District.
2 Large Sized Co-Co-operative Credit Society Ltd, rep. by its Secretary,Tirumalapuram, Jangareddygudem Mandal, West Godavari District.
.....RESPONDENTS
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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaringthe orders of the 1st Respondent proceedings passed against the petitionersindividually vide Rc.No. 1544/90/B, dated 10-11-2004 as arbitrary, illegal null andvoid and is against the principles of natural justice and norms of the public policyand contrary to the provisions of section 51 of the A.P. Societies Act, and to setaside the same and to issue a consequential direction to the 1st Respondent togrant to opportunity to the petitioners to cross examine examine the witnesses reliedby the 1st Respondent and to strictly follow the orders passed by the Hon'ble Coop.Tribunal .
Counsel for the Petitioner:MR.VENKATESWARA RAO GUDAPATICounsel for the Respondent No.1: GP FOR COOPERATION
The Court at the stage of admission made the following :
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ORDER:
This writ petition is filed aggrieved by the order passed by the 1[st] respondentdated 10-11-2004 under Section 60(1) of the A.P.Cooperative Societies Act.
S i nce an efficacious alternative remedy is available under the A.P.Cooperative Societies Act against the said order, without exhausting the remedy, thepetitioners cannot maintain this writ petition.
Accordingly granting leave and liberty to the petitioners to avail alternativeremedy, the writ petition is disposed of. No costs.
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31-12-2004
Stp
To
1 The Deputy Registrar, Co-operative Societies, Kovvur, West Godavari District.
2 The Secretary, Large Sized Co-Co-operative Credit Society Ltd, Tirumalapuram,Jangareddygudem Mandal, West Godavari District.
3.2CCs to G.P. for Cooperation,A.P.High Court Buildings,Hyderabad.(OUT).
4.2CD copies