Kurnool District Milk Producers Mutually Aided Coop.Union v. M.M.Maqbul Basha S/O. M.G.Hussain

THE HON'BLE SRI JUSTICE R. SUBHASH REDDY AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT APPEAL No.1023 OF 2015 JUDGMENT: (Per Hon'ble Sri Justice R. Subhash Reddy) This appeal is filed by the 1st respondent in W.P.No.24908 of 2015 aggrieved by the order, dated 10.08.2015, passed in the said Writ Petition.

The 1st respondent filed the aforesaid Writ Petition questioning the order of dismissal, dated 09.03.2015, passed in Proceedings No.58/E1/MD/2014 by the appellant - Society. The learned single Judge, by impugned order, dated 10.08.2015, disposed of the Writ Petition by directing the 2nd respondent to dispose of the appeal preferred by the 1st respondent - writ petitioner. In this appeal, it is contended by the learned counsel for appellant - Society that the 2nd respondent is not the appellate authority as per the bye-laws and the appellant and the 2nd respondent are independent Societies. It is further contended that pursuant to the impugned order passed by the learned single Judge, the 2nd respondent has already passed orders in Lr.No.1059/Admn.IV/DC-3/2015, dated 02.11.2015, recording a finding that the appeal is not maintainable.

As the 2nd respondent has already passed orders pursuant to the impugned order, dated 10.08.2015, we are of the view that nothing survives in this appeal for adjudication. In view of the order, dated 02.11.2015, passed by the 2nd

respondent, the appeal is disposed of. Miscellaneous Petitions, if any, pending in this appeal, shall stand closed. No costs. _______________________ R. SUBHASH REDDY, J ___________________________ A. SHANKAR NARAYANA, J December 07, 2015 MD