Telangana High Court
WP/40062/2012 of P. Harinadha Reddy, S/o. Late Satyanarayana Reddy Vs The Government of A.P. on 28 December 2012
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.40062 OF 2012 ORDER: Petitioner is a member of the 5th respondent – Varahi Primary Agricultural Cooperative Society Limited, Vedurpaka Village, Rayavaram Mandal, East Godavari District. He has availed loan facility from the said
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
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ORDER:
WRIT PETITION No.40062 OF 2012
Petitioner is a member of the 5[th] respondent –Varahi Primary Agricultural Cooperative Society Limited,Vedurpaka Village, Rayavaram Mandal, East GodavariDistrict. He has availed loan facility from the said society. On the ground that he has not repaid the loan amount, the5[th] respondent society has obtained Award bearingNo.498/2007-2008 on 31.01.2008 and is taking furthersteps to execute such award obtained under theprovisions of the Andhra Pradesh Cooperative SocietiesAct, 1964. In execution proceedings, the petitioner wasserved with notice, before conducting auction/attachmentof his lands, which were mortgaged with the 5[th]respondent, demanding an amount of Rs.3,82,177/-towards decretal amount.
Though the petitioner is questioning the award andalso consequential action of the fifth respondent in takingsteps to realise such amount, when the matter is taken up,learned counsel for the petitioner submits that AwardNo.498/2007-2008 is an ex parte award and a copy ofsuch award is not served on the petitioner, as such, he requests to dispose of the writ petition with the direction tothe respondents to furnish a copy of the award so as toavail the remedies available under law.
Though the petitioner has questioned the veryaward itself, in view of the limited request made by thelearned counsel for the petitioner, I deem it appropriate todirect the respondents to give a certified copy of theAward No.498/2007-2008, dated 31.01.2008, bycollecting necessary charges, within a period of six weeksfrom today. Further, the respondents are directed not totake any steps for auction of the petitioner’s agriculturallands, which are mortgaged with the 5[th] respondent society, for a period of eight weeksfrom today. After a copy of the award is furnished, it isopen for the petitioner to avail the remedies as availableunder law.
Subject to the above, the writ petition is disposed of. No order as to costs.
In view of disposal of the writ petition,WPMP.No.50857 of 2012 also stands disposed of.
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R.SUBHASH REDDY, J
28[th ]December, 2012.
tk/kvni