In Writ Petition No.13138 of 2023 filed under Article 226 of the Constitution and Section 151 CPC, the High Court disposed of the petition as infructuous because the petitioner conceded that the cause of action no longer survives.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO: 13138 OF 2023
Between:
Aluvala Kotaiah, S/o Mallaiah, Aged about 42 yearc, Occ. Chairman PACS, Nustullapur, Thimmapu(M) Karimnagar District, Ryo H.No.1-40, Parvella, Karimnagar District, Telangana.
...PETITIONER
AND
...RESPONDENTS
Petition und( r Article 226 of the Constitution of lnd a przrying that in the circumstances stat, )d in the affidavit filed therewith, the F igh Court may be pleased to issue al) )r'rpriate writ, direction, order or orders, rlore particularly one in the nature of writ ol mandamus to declare the provisions :f lar,,r,under Sections 34-A(7), 34-A(B), l4-A(9), 34-A(10) and 34-A(11) of Telargana Co-operative Societies Act, 1964 n so far as not providing any opportunity k th() Petitioner or to the Chairman of I'ACS against m isappropriation allegat orrs levelled by the executive body ancl urrilaterally terminating services without g,)ing into the merils of the allegations ar I Notice issued by the Respondent No.1 to th: Petitioner vide R.C.No 11491202'3 d|.2O.O4.2023, calilng for a meeting :n dl.08.05.2023, to consider motion of r o-confidence against the Petitioner undr:r section 34-A of the Telangana Co-oper rtive Societies Act'l 964, without disclosing the charges or allegations as illega . unjust, arbitrary, violative of Artir;le 14 ol thr: constitution of lndia, apart from, iolation of principles of natural justice an J consequently quash/set aside the mpugned provisions of law i.e., Sections 3,1-Ar 7), 34-A(B), 34A(9), 34-A(10) anC 14-A(11) of Telangana Co-operative Sor;ieties, Act, 1964 and consequential Nc,tir e vide R.C.No 114512023 dt.20.O4.20i'3 issued by the Respondent No.1 an I r)ontinue the Petitioner as Chairman PACS, l{ustullapur till a general body takes e decision.
lA NO: 1 OF 2023
Petition under S:ction 151 CPC praying that in the cirr;u rstances stated in the affidavit filed in s r[,port of the petition, the High Court mz y be pleased to stay all further proceedin Js initiated against the Petitioner vidt-' Notice vide R.C.No 114912023 dt.20.O4.2 0i13, pending disposal of the main Writ Pel tion.
Counsel for the Peti ioner: SRI SIRIPURAM KESHAVA Counsel for the Res )ondent Nos.1 TO 3: M/s. G.SUNITHA, AGP FOR COOPERATION FOR ADDL. ADVCC,qTE GENERAL Counsel for the Res )ondent Nos.4 TO 13: --
The Court made the bllowing: ORDER
THE HON'BLE THE CHIEF JUSTICE UJJAL BHI'YAN AND
THE HON'BLE SRI I,uSTICE N.TI'KARAMJI
Writ Petition No.13138 of 2o23
ORDER: (Per the Hon'ble the Ch@f Justice Ujjol Bhugon)
Heard Mr.Siripuram Keshava, learned counsel for the petitioner and Ms.G.Sunitha, learned Assistant Government Pleader attached to the office of learned Additional Advocate General appearing on behalf of respondent Nos. 1 to 3.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
SD/-N. SRIHARI ASSISTANTREGFTRAR
//TRUE COPY//
SECflONUFFICER
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To
PSK. GJP
HIGH COUR'-
DATED:0810t)12023
ORDER
WP.No.1313t of 2023
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DISPOSING 0F THE WRIT PETITION AS INFRUCT JOUS WITHOUT COSTS.
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Aluvala Kotaiah
The District Co Operative Officer, Karimnagar District
The Commissioner of Co-Operation and Registrar Co-Operative Societies, Telangana State
The State of Telangana
Gujula Ravinder Reddy
Smt. Boina Rajutha
Ujjal Bhuyan
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
