Writ petition challenging a cooperative society surcharge order was dismissed for default after repeated hearings with no representation from the petitioner. Liberty granted to seek recall if the cause survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[321e 1
IN THE HIGH COURTFOR THESTATE OF TELANGANAAT HYDERABAD (SPecial Original Jurisdiction)
THURSDAY, THE THIRDDAY OF JULY TWO THOUSAND AND TWENTYFIVE
PRESENT
THE HONOURABLESMT JUSTICET.MADHAVIDEVI
WRIT PETITIO N NO: 32334 OF2013
Between:
...PETITIONER
AND
...RESPONOENTS
Petition under Article 226 ofthe Constitutionof lndia prayingthat in the circumstances stated in theaffidavitfiled therewith,the High Court may be pleased to issue a writ, order or directionmore particularlyone in the nature of writ of Mandamus to declarethe surcharge order in Rc.No 1319/95-D dated 25- 11-2O11 issued by the 2nd respondentas illegal,arbitrary and violativeof Article 14 of the constitution of lndiaand violativeof Principlesof Natural Justiceand contrary to theprovisions of the A.P. Cooperative SocietiesAct and Rules made there under and consequentlyset a side the surchargeorderin Rc.No 1319/95-D dated 25-1 1-201 1 issuedby the 2nd respondent.
l.A. NO: 1OF 2013(WPMP.NO:402010F 20131
Petition under section 151CPC prayingthat in the circumstances statedin the affidavit filed in supportof the writ petition, the High Courtmay be pleased to stay all furtherproceedings in pursuance of the Surchargeorder in Rc'No
-ElI:7
1319/95-D daled 25-11-201 1 of the 2nd respondent pending disposal of the above Writ Petilion and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
Counsel for the Petitioner : SRI L.V.S.NAGARAJU (NOT PRESENT)
Counsel forthe Respondents: GP FOR COOPERATION
The Court made the following: ORDER
It
THE HON'BLE SMT.JUSTICET' MADHAVIDEVI
WRIT PETITION No.32334of 2013
ORDER:
This Writ Petition is filed challengingthe surchargeorder in Rc.No.l319l95-D, dated25.11.2011 issued by respondent No.2as illegal and arbitrary andconsequently to set aside the same andto pass such other order or orders.
pursue the Writ Petition
IIrt\ I I
1 ! i I I II I I
: l l III
However, the petitioner is granted liberly to seek recall of this order if
the cause in the Writ Petition survives. No order as to costs
Petition, shalI stand closed.
SD/-L. VIJAYA LAXMI ISTANTREGIST
//TRUECOPY//
SECTIONOFFICER
To,
OneCC to SRIL V S NAGARAJU'Advocate[OPUC]
BSKBM (v
I
HlGH COURT
DATED:0310712025
ORDER
WP.No.32334 of 2013
-\r{E Sf* l*:
( O$
c^
.,o
Lt ,11 tttB 205
-t
D SA,l ;41 1r <br>
DISMISSING THE WRIT PETITION FOR DEFAULT WITHOUT COSTS to(L ?
1 issue framed by the court
Whether the surcharge order dated 25.11.2011 issued by respondent No.2 was illegal and liable to be set aside — left undetermined as the petition was dismissed for default for want of representation.
3 provisions across 2 enactments
K. Kanaka Rao
The Government of Andhra Pradesh, Cooperative Department, rep. by its District Cooperative Officer, Nizamabad
The Divisional Cooperative Officer, Bodhan, Nizamabad District
The Salampad Primary Agriculture Cooperative Society Limited, Bodhan Mandal, Nizamabad District, rep. by its President
T. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
