High Court for State of TelanganaWP/39771/2015withdrawn

P. Sivakumar Reddy, v. State Of Andhra Pradesh, Rep. By Its Secretary,

2016-04-12Dilip B. Bhosale,P Naveen Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 39771 of 2015 Date: 12.04.2016 Between:

P. Sivakumar Reddy ... Petitioner And State of A.P., rep., by its Secretary, Agriculture & Cooperation Department, Hyderabad & others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 39771 of 2015 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) This writ petition is directed against the order, dated 12.10.2015, passed under Section 21 AA (1) (b) of the A.P. Cooperative Societies Act, 1964 (for short, "the Act") disqualifying the petitioner from the post of President of Sangam, Primary Agricultural Cooperative Society (PACS).

Learned Government Pleader for the respondents, at the outset, invited our attention to Section 76 of the Act and submitted that an appeal against the order, impugned in the present writ petition, is maintainable. Having confronted with this, Sri K. Muralidhar Reddy, learned counsel for the petitioner, prays for withdrawal of this appeal with liberty to the petitioner to file appeal under Section 76 of the Act before the Tribunal within a period of two weeks from today.

Writ petition is disposed of as not pressed with liberty as prayed. All contentions of the parties are kept open. Interim order, dated 08.12.2015, shall remain operative for a period of four weeks from today. While granting the interim order by learned Single Judge and extending the same by this order, this Court shall not be understood to have examined the merits of the case. It is open to the petitioner to file an application for interim order

before the appellate authority and if any such application is filed, the appellate authority shall deal with the same on merits in accordance with law and uninfluenced by the interim order passed by this Court.

Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.

_______________________ DILIP B.BHOSALE, ACJ ______________________ P.

NAVEEN RAO, J Date: 12.04.2016 ES