Disposed

Munugavalasa Venkata Narasimha Murthy, v. The Registrar of Co-Operative Societies, Andhra Pradesh

Andhra Pradesh HC1 Dec 2024WP/24425/2013

Case brief

AI extract

What is this about?

Writ petition seeking a direction to initiate action on an enquiry report against members of a co-operative society's managing committee. Without going into merits, the court disposed of the petition, permitting the society to challenge the report before the appropriate authority and directing respondents to proceed in accordance with law.

What did the court decide?

Writ petition disposed of with observation that respondents shall proceed in accordance with law on the enquiry report; society free to challenge it before appropriate authority; no costs.

Munugavalasa Venkata Narasimha Murthy, Vs The… — Cooperative Societies | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)

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'C
MONDAY, THE SECOND DAY OF DECEMBER ft
TWO THOUSAND AND TWENTY FOUR hf 3
I
PRESENT 0
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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 24425 OF 2013

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Between:

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Munugavalasa Venkata Narasimha Murthy, S/o. M. Verikata Rao Pathaik, aged about 53 years, Occ: Members of Visakhapatnam Co-operative Centra! Stores (Super Bazar) R/o. D. No. 50-65-5/1, Seethammapeta, Akkayyapalem Visakhapatnam. r jr/ ,

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...PETITIONER

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AND

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The Registrar of Co-Operative Societies, Andhra Pradesh, Hyderabad. 2. The District Co-Operative Officer, Visakhapatnam District, Visakhapatnam.

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The Divisional CO-operative Officer, Yelarnanchili. 4. The Visakhapatnam Co-operative Central Stores Ltd., ( Super Bazar) (No. B-1351), Visakhapatnam Rep by its Managing Director.

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The managing Committee/Board of Directors, The Visakhapatnam^Co operative Central Stores Ltd., ( No. B-1351), Viskhapatnam Rep by President Sri. Radhra Raju Ramakrishna Raju.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus direct the 2"^^ Respondent^{initiatetheaction} against the members of 5**^ Respondent as per the report of 3'^'^ Respondent dt.22-09-2012 forthwith as per provisions of A.P.C.S Act 1964 and Constitution 97th Amendment Act.

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I.A. NO: 1 OF 2013fWPMP. NO: 30057 OF 2013)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No. 2 supersede/suspend the Respondent No. 5 Managing Committee of tint Respondent No. 4 society, pending, disposal of the above Writ petition.

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Counsel for the Petitioner: SRI T. D. PANI KUMAR

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Counsel for the Respondent Nos.1 to 3 : GP FOR COOPERATION

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Counsel for the Respondent Nos.4 & 5 : SRI R. N. HEMENDRANATH REDDY

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The Court made the following; ORDER

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.24425 of 2013

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ORDER:

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The present Writ Petition is filed seeking direction to the 2 nd respondent to initiate the action against the members of the 5"' respondent as per the report of the 3'^'^ respondent^{dated22.09.2012} forthwith as per the provisions of the Andhra Pradesh^Co-operative Societies Act, 1964.

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Learned counsel appearing for the respondents would^submitthat the enquiry report dated 22.09.2012 in the present^Writ Petition is contrary to the interim direction dated 18.09.2012^{inW.P.No.29310of} 2012.

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Learned counsel appearing for the petitioner would^submitthat the aforesaid Writ Petition No.29310 of 2012 was dismissed as infructuous, vide orders dated 20.08.2024, and therefore,^the interim order passed in the said W.P.No.29310 of 2012 dated 18.09.2012 merges in the final order and, as such, if at all,^{anyviolationofinterim} order, the 5'^ respondent is at liberty to initiate^{contemptproceedings} under the Contempt of Courts Act and, iter alia, it^{isstatedthatthe} I officials of respondents cannot be prevented to take^{actionagainstthe}

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report submitted by the 3'"^ respondent against the 5*" respondent-

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society.

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Therefore, without going into the merits of the case, .the Court is inclined to dispose of the present Writ Petition with an observation that if at all, the 5'^ respondent-society is aggrieved by the enquiry report dated 22.09.2012, vide proceedings in Rc.No.513/12B, the respondent is at liberty to challenge the same before appropriate authority in accordance'with law. However, the concerned respondents are directed to proceed in accordance with law against the report submitted by the 3^^^ respondent.

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Accordingly, the Writ Petition is disposed of. There^shallbeno order as to costs.

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As a sequel thereto. Miscellaneous Petitions pending, if any, shall stand closed.

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//TRUE COPY//

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SD/- G HELA N/UDU assistant registrar SECT10^

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To,

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The Registrar of Co-Operative Societies, Andhra Pradesh, Vijayawada.

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The District Co-Operative Officer, Visakhapatnam District, Visakhapatnam.

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The Divisional CO-operative Officer, Yelarnanchili.

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The Managing Director, Visakhapatnam Co-operative^{CentralStores} Ltd., (Super Bazar) (No. B-1351), Visakhapatnam.

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The President, Managing Committee/Board of Directors,^The Visakhapatnam Co-operative Central Stores Ltd., ( No. B-1351), Viskhapatnam, Sri. Radhra Raju Ramakrishna Raju,

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