Disposed

Kallem Chukka Reddy v. Deputy Registrar

Telangana HC16 Sept 2005WP/20461/2005

Case brief

AI extract

What is this about?

This order dismisses a writ petition challenging a sale certificate in a cooperative land matter. The court held that Section 76 of the A.P. Cooperative Societies Act, 1964 provides an effective alternative remedy via appeal to the Tribunal, rendering the writ petition unentertainable.

What did the court decide?

The petitioners are directed to file an appeal before the appellate authority within two weeks.

Kallem Chukka Reddy Vs Deputy Registrar — Pension and Retirement Benefits | Telangana HC (2005)

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THE HONOURABLE MR JUSTICE K.C.BHANU

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WRIT PETITION No.20461 of 2005

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Dated: 16.09.2005

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Between:

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Kallem Chukka Reddy

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…PETITIONER

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And: Deputy Registrar, Karimnagar District Co.op.Central Bank,

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Karimnagar and another

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…RESPONDENTS

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ORDER:

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Seeking a Mandamus, declaring the order passed in pursuance of the sale certificate dated 18.07.2005 in E.P.No.548 of 2001-02 on the file of the first respondent, as illegal and arbitrary, the present writ petition is filed.

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Heard the learned counsel for the petitioners and the learned standing counsel appearing for the respondents.

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The learned counsel for the petitioners contended that under Rule 52 (21)(a) of A.P.Cooperative Societies Rules, 1964, when a claim is preferred, the authority should initially dispose of it on merits, and hence he prays to set aside the impugned order.

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On the other hand, the learned standing counsel appearing for the respondents contended that against the impugned order, an alternative remedy of appeal is provided under Section 76 of the A.P.Cooperative Societies Act, 1964 and hence, he aprays to dismiss the writ petition.

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The learned standing counsel for the respondents relied on a decision rendered by this Court in A.Vemanaidu v.Erracheruvupalle Primary Agrl.Co-op.Society wherein it is held:

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“In the result, having regard to Sec.76 of the Act which provides for appeal, of any decision or order under Section 70 of the Act, as there is effective alternative remedy available to the petitioners, these writ petitions cannot be entertained. The petitioners are at liberty to approach the A.P.Co-operative Tribunal, within a period of one week from the date of receipt of a copy of this order. As and when such appeal is filed it shall be open to the learned Tribunal to consider the appeal as well as the interlocutory applications if any under sub-section (6) of Section 76 of the Act on their own merits without in any manner being influenced by any of the observations made herein above.”

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The jurisdiction of the 1^st respondent who issued Form-VI notice for attachment of the properties and sale is not under challenge. Though the claim of the petitioner may be bona fide, but at the same time, the same cannot be decided and determined by this Court. As per the ratio rendered in the aforesaid judgment, an effective alternative remedy of appeal is available to the petitioners under Section 76 of the A.P.Co-operative Societies Act, 1964.

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In that view of the matter, I deem it appropriate to dispose of the writ petition, with a direction to the petitioners to file an appeal before the appellate authority against the impugned order, within a period of two weeks from the date of receipt of a copy of this order.

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With the above observations, the Writ Petition is disposed of. No order as to costs.

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K.C.BHANU,J

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Dated: 16.09.2005

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Dsr

Kallem Chukka Reddy v. Deputy Registrar

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Kallem Chukka Reddy v. Deputy Registrar

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