Disposed

Sree Laxminagar Co-operative Housing Society, v. The Joint Registrar / District Cooperative Officer

Telangana HC30 Apr 2013WP/13505/2013

Case brief

AI extract

What is this about?

The court held the writ petition challenging a show cause notice issued to society members is premature as no adverse order has been passed. Petitioner is permitted to participate in the inquiry proceedings.

What did the court decide?

The writ petition was disposed of; the petitioner was permitted to submit objections in the underlying inquiry.

Sree Laxminagar Co-operative Housing Society, Vs The… — Cooperative Societies | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

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WRIT PETITION No.13505 of 2013

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Date:30.04.2013

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Between: Sree Laxminagar Co-Operative Housing Society, Hyderabad, Reptd by its PresidentN.Vittal Reddy

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..... Petitioner

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And:

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The Joint Registrar/District Co-Operative Officer, Hyderabad and seven others.

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.....Respondents

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Counsel for the Petitioner: Sri Pasam Srinivasa Reddy Counsel for the Respondents: AGP for Co-Operation

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The Court made the following: ORDER:

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Proceedings in Rc.No.910/2011-Hsg., dated 23.03.2013, issued by respondent No.2 are questioned in this Writ Petition by the petitioner, which is a CoOperative Housing Society. A perusal of the impugned proceedings shows that the same is in the nature of a show cause notice issued to 104 members of the petitioner-society, who were admitted as members in the years 1984 and 1985. The said show cause notice is based on the Inquiry report under Section 51 of the Andhra Pradesh Co-Operative Societies Act, 1964. Respondent No.2 has called upon the said 104 members through the said notice to show cause as to why they shall not be removed from the membership of the petitioner-society on the strength of

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the findings rendered by the Inquiry Officer in his inquiry report. After hearing Sri Pasam Srinivasa Reddy, the learned counsel for the petitioner, I am of the opinion that the Writ Petition is pre-mature for the reason that so far, no order adverse to the interests of the petitioner-society has been passed. The cause for the petitioner-society to avail appropriate remedy would arise only if an order adverse to the interests of 104 members is passed by respondent No.2. As such a stage has not been reached, I do not find any reason to entertain the Writ Petition at this stage. As the petitioner has pleaded that its interests will be seriously jeopardised if the 104 members are removed from its society, it is also permitted to participate in the proceedings before respondent No.2 by submitting its objections to the impugned show cause notice within a period of one week from the date of receipt of a copy of this order. Respondent No.2 shall consider the objections of the petitioner-society as well as the objections that may be submitted by the 104 members before taking appropriate decision.

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Subject to the above direction, the Writ Petition is disposed of.

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As a sequel to disposal of the Writ Petition, W.P.M.Ps, pending, if any, are disposed of as infructuous.

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____________________________ JUSTICE C.V.NAGARJUNA REDDY

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30^th April, 2013 DR

Sree Laxminagar Co-operative Housing Society, v. The Joint Registrar / District Cooperative Officer

Case brief

What is this about?

What did the court decide?

Sree Laxminagar Co-operative Housing Society, v. The Joint Registrar / District Cooperative Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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