Disposed

S.Veerabhadraiah, v. Registrar of Co.operative Societies, Andhra Pradesh

Telangana HC6 Dec 2012WP/26308/2006

Case brief

AI extract

What is this about?

The High Court disposed of a writ appeal and two writ petitions. It directed appellants to apply under Section 61 of the Andhra Pradesh Societies Act, directing suits to the Deputy Registrar. It also set aside registrar orders in writ petitions for lack of hearing and directed a fresh hearing.

What did the court decide?

The Court disposed of the writ appeal by directing the appellants to apply under Section 61 of the Act. In the writ petitions, it set aside the Registrar's orders and directed a fresh hearing.

S.Veerabhadraiah, Vs Registrar of Co.operative… — Cooperative Societies | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWELVE

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PRESENT

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THE HON'BLE ACTING CHIEF JUSTICE PINAKI CHANDRA GHOSE AND

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THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

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WRIT APPEAL No.1064 of 2012 &

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WRIT PETITION Nos.26308 and 27075 of 2006

BETWEEN

Banda Srihari.

…APPELLANTS

AND

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Cooperation and Market Department, Secretariat, Hyderabad and four others.

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…RESPONDENTS

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Counsel for the Appellants: MR. T. KISTAIAH

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Counsel for the Respondents: GP FOR COOPERATION

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MR. O. MANOHER REDDY

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The Court made the following:

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COMMON JUDGMENT: (Per Hon’ble Sri Pinaki Chandra Ghose, the Acting Chief Justice)

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WA.No.1064 of 2012:

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This writ appeal is directed against the order passed by the learned single Judge in WP.No.24083 of 2012 dated 06.08.2012 directing the writ petitioners to invoke Section 61 of the Andhra Pradesh Cooperative

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Societies, Act, 1964 (for short ‘the Act’) before the appropriate authority.

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2. Having heard the learned counsel for the parties including Mr. O. Manoher Reddy, learned counsel for the fifth respondent society, we think that it would be appropriate for us to direct the appellants/writ petitioners to apply before the appropriate authority and shall be at liberty to file an application to ventilate all their grievances including allotment of plots, in question, on the basis of pick and choose method by the society, as alleged and all the other allegations, which have been made out in the writ petition.

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3. However, we further make it clear that whatever questions can be decided in accordance with Section 61 of the Act will be decided by the Deputy Registrar of Cooperative Societies, who is the authority under the Act and any other matter within the jurisdiction of the Registrar should be taken up before the Registrar. The appellants are given liberty to file such application within a period of two (2) weeks from today after giving a copy of the said application to the society and affected parties. The authority concerned, after giving notice to the society as well as the appellants/writ petitioners and to all the affected members of the said society shall hear out the matter,

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in question and after giving chance of being heard to all the affected persons, as mentioned hereinabove, shall pass a reasoned order within a period of three (3) months from the date of filing of such application by the appellants/writ petitioners. The authority shall also endeavour to remove any irregularities in the matter.

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The writ appeal is accordingly disposed of. As a sequel,

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the miscellaneous applications, if any, shall stand closed. In the circumstances, there shall be no order as to costs.

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WP.Nos.26308 and 27075 of 2006:

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4. Having heard the learned counsel for the parties, it appears to us that in these writ petitions the grievance of the petitioners, who are all members of the fifth respondent society, is that orders dated 07.06.2000 and

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14.11.2006 have been by the Registrar of Cooperative Societies, first respondent, without giving a chance of being heard to the writ petitioners, who are really affected by the orders so passed by the Registrar.

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5. In these circumstances, we set aside the aforesaid orders and direct the Registrar of Cooperative Societies to hear the matter afresh after serving notice to all the affected persons, after giving them a chance of being heard, shall pass a reasoned order in the matter.

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The writ petitions are accordingly disposed of. As a sequel,

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the miscellaneous applications, if any, shall stand closed. In the circumstances, there shall be no order as to costs.

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_________________________ PINAKI CHANDRA GHOSE, ACJ

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_____________________ VILAS V. AFZULPURKAR, J

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December 6, 2012 DSK

S.Veerabhadraiah, v. Registrar of Co.operative Societies, Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S.Veerabhadraiah, v. Registrar of Co.operative Societies, Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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