Disposed

Sandrugu Swamy v. The State of Telangana, And 2 Others

Telangana HC16 Sept 2022WP/3750/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the disqualification of a petitioner as President of PACS Chegunta. The Court directed the Co-operative Tribunal to decide the pending appeal expeditiously within six weeks and maintained the interim suspension of the order ousting the petitioner.

What did the court decide?

The Writ Petition disposed of directing Co-operative Tribunal to decide appeal within six weeks; interim suspension of order dated 18.01.2021 maintained.

Sandrugu Swamy Vs The State of Telangana, And 2 Others — Cooperative Societies | Telangana HC (2022)

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)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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FRIDAY ,THE SIXTEENTH DAY OF SEPTEIMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 3750 OF 2021

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Between:

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Sandrugu Swamy, S/o Vittal, Aged about 48 years, Occ. Prisident, Primary Agricultural Co-Operative Society, Chegunta village and mandal, lrledak District, Telangana State.

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,..PETITIONER

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AND

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The State of Telangana, Rep- by its Principal Secretary, Agriculture and Co Operation Department, Secretariat, Hyderabad.

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The District Cooperative Officer, Deputy Registrar Of Co-Operative Societies, Medak District, Telangana.

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Ch.Venkatesham, Ex. President Primary Agricultural Co Operative Society, Chegunta, Medak District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, to declare the orders dated 181112021 passed by the Honorable Co-Operative Tribual in lA No 1 of 2021 in CTA No 1 of 2021 is illegal and arbitrary and consequently direct the petitioner to be continued as president of the PACS of Chegunta, by setting aside the said orders daled 191112021 .

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lA NO: 1 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petitron, the High Court may be pleased to suspend the orders passed by the Hon'ble Tribunal vide its orders dated

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18/112021 in lA No 1 of 2021 in CTA No 1 of 2021^pending disposal^{of the main} Writ Petition.

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lA NO: 2 OF 2021

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Between:

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Ch.Venkatesham, S/o.Shankaraiah, Aged about:56 Years,Occ: Ex. President of Primary Agricultural Co Operative Society, Chegunta, lr/edak District,^R/o. 3-1 1/A, Chegunta Villagem and mandal, Medak District.

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... Petitioner/3'd Respondent

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AND

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1 Sandrugu Swamy, S/o Vittal, Aged about 48^years, Occ. Pnsident, Primary Aqricultural Co-Operative Society, Chegunta village and mandal, Medak District, Telangana State

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RespondenUWrit Petitioner

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The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co Operation Department, Secretariat, Hyderabad.

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The District Cooperative Officer, Dyputy Registrar Of Co-Operative Societies, Ir/edak District, Telangana.

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...Respondents/Respondents 1 & 2

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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 vacate the interim order^passed in l.A.No.1 of 2021 in W.P.No.3750 of²⁰²¹ dt.2210212021 .

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Counsel for the Petitioner:SRl. E.RAMESH CHANDRA GOUD

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Counsel for the Respondent No's. 1 & 2i GP FOR COOPERATION

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Counsel for the Respondent No.3:SRl T.KISTAIAH

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION No.375O of 2O2L

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ORDER:

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Heard the learned counsel for the petitioner, the learned Government Plcader for Cooperalion lor respondents I and 2, and Sri T.Kistaiah, learned counsel for respondent No.3. With their consent, the present Writ Petition is disposed of at the stage of admission.

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Aggrieved by the order clatcd 18.01.202 1 passed by the Co-operative Tribunal in I.A. No.l of 2O2l in C.T.A. No. 1 of 2O2I, the present Writ Petition is filed.

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A perusal of the material on record reveals tln.at uide proceedings in Rc.No.571 l2O2O-C, dated 21.12.2O2O, the District Registrar/ District Co-operative Officer, Medak, has disqualified the petitioner from the post of President of the Managing Committee of PACS Chegunta. Questioning the same, petitioner filed an appeal uide CTA No. 1 of 2O2l before the Co-operative Tribunal. In the said appeal, petitioner filed I.A. No.l of 2O2L seeking stay of the proceedings dated 21.12.2O2O. Vide impugned order, dated 18.01.2O21, the Tribunal has dismissed the I.A. filed by the petitioner. Questioning^{the same,the petitioner is before this Courtby way} o[ the present writ petition.

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-lhrs Court. on 22.02.2021 u lrilt aci:r.rrtIirrr1 llle \'rit PetiLion ILirs gr:rnted intcrim suspensi<;n ol t}'tc inrp rqncci orclcr' clated 18.()1.2O21. Seeking to vac:lt(' thc silnr('. 1.,. No.2 ol 202 t has been filed.

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Having regard to the fact that interirn order is in subsistence since 18.01.2021 and the main appeal is still pending a.cljudication before the Co-operatir.e Tribunal, this Court is ol the considered view that ends of^jr-rsti<:t: rvould be mct if a clirection is given to the Co-operative Tribunzrl for early disposal ol the appeal within a fixed time-framc.

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Accordingly, the Writ Petition is disposed of directing the Co-operative Tribunai, .Hyderabad, to dispose of C.'1.A. No.1 of 2021 pencling on its hle, stricfly on merits and in accordance with law, as expeditiously as possible, preferablv, ,ithin a period of six weeks from the date of receipt of a oopy of this order. The Tribunal shall endeavour^'to see that thc matter is taken up on day-to-day basis. It is also made clt,ar that the parties shall not seek adjournments before the Tribunal. Till such time, C.T.A. No. 1 of 2O2l is disposed of, tht:re shall be interim suspension of the order dated 18.01 .2O2 1 passed by the Tribunal in I.A. No. 1 of 2O2l in C.'l'.A. No.1 ol 202 1.

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The miscellaneous petitions pending, if any, shall stanri

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closed. There shall be no order as to costs.

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SD/-T.SRINIVAS

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DEPUTY REGISTRAR //TRUE COPY//

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SEcT/6N oFFICER

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The Presiding Officer, Co-operative Tribunal, Hyderabad

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The Principal Secretary, Agriculture and Co Operation Department, State of Telangana, Secretariat, Hyderabad.

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The District Cooperative Officer, Dyputy Registrar Of Co-Operative Societies, Medak District, Telangana.

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One CC to SRl. E.RAII/ESH CHANDRA GOUD Advocate loPUCl 5. Two CCs to GP FOR COOPERATION,High Court for the State of Telanqana. tourl

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One CC to SRI T.KISTAIAH, Advocate [OPUC]

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Two CD Copies.

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One Spare Copy.

SW-s\z-

HIGH COURT

DATE D : 1 610912022

15 rlr 2[A

ORDER

WP.No.3750 of 2021

DISPOSING OF THE WP WITHOUT COSTS.

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@E6/

Sandrugu Swamy v. The State of Telangana, And 2 Others

Case brief

What is this about?

What did the court decide?

Sandrugu Swamy v. The State of Telangana, And 2 Others

Case brief

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What did the court decide?

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