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High Court for State of TelanganaWP/4357/2005dismissed no costs

Sri Pullagulla Narsimha Reddy, v. State Of A.P., Rep., By Its Secretary, Dept. Of Co.Op.Societ

2015-04-06Sanjay Kumar4 pages

HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4357 of 2005 Date: April 06, 2015 Between:

Pullagulla Narsimha Reddy ... Petitioner and

1. State of A.P., rep. by its Secretary, Dept. of Coop. Society, Hyderabad & 2 others. ... Respondents * * * HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4357 of 2005 O R D E R:

No representation for the petitioner.

2. This writ petition was filed assailing the proceedings dated 27.01.2005 issued by the Primary Agricultural Cooperative Society, Sanga Reddy, Medak District, the 3rd respondent, proposing to put

the petitioner's property to sale.

3. By order dated 29.12.2010, this Court permitted the learned counsel for the petitioner to take out notice to the 3rd respondent by registered post with acknowledgement due and file proof of service. This Court further directed that in the event of default, the writ petition would stand dismissed against the 3rd respondent without further reference to the Court. This order was given effect to, as the 3rd respondent remained un-served even thereafter. The writ petition cannot be prosecuted by the petitioner in the absence of the 3rd respondent, as its action is under challenge.

4. The writ petition therefore fails in its entirety and is accordingly dismissed. Interim order dated 04.03.2005, modified on 28.04.2005, shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ___________________ SANJAY KUMAR, J.

Date: April 06, 2015.

BSB HON'BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.4357 of 2005

Date: April 06, 2015 BSB