Ch.Balaiah v. The Citizen Co-Operative Society

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE TWENTYTHIRD DAY OF FEBRAURY TWO THOUSAND AND SIXTEEN PRESENT HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 188 of 2012 Between:

Ch. Balaiah ... Petitioner Vs.

The Citizen Co-operative Society, Rep.by Loan Officer/Manager, Sri Lakshmi Nagar colony, Saidabad Hyderabad. ... Respondents Counsel for the Petitioner: Sri K. Purshotham Counsel for the Respondent: Sri K. Ram Mohan Mahadev

The Court made the following: [order follows] HONOURABLE SRI JUSTICE S.V. BHATT WRIT PETITION NO. 188 of 2012 O R D E R :

The petitioner prays for the following prayer in the instant writ petition:

"To issue a writ or order or direction more particularly in the nature of writ of mandamus declaring the action of respondent without following the due process of law as laid down in the State of the Multi State Co-operative Societies Act, 2002 by auction notice of the gold loan Account Nos. 918107, 918203, 918977, 918119, 918108 all are dated 24/12/2011 as the same is illegal, arbitrary, unconstitutional, contrary to law, without jurisdiction against the principles of natural justice"

2. The respondent contends that the writ petition is not maintainable and the petitioner can avail the statutory remedy of appeal under section 84 of Multi State Co-operative Societies Act, 2002. The learned counsel for the respondent draws attention of the Court to the orders passed in WP.No.12244 of 2012 dated 30/12/2015.

3. Sri K. Purshotham appearing for petitioner submits that the writ petition can be disposed of in terms of the said order and permitted to avail the remedy of appeal.

4. The writ petition is disposed of by giving liberty to the petitioner to avail the remedy of appeal under section 84 of the Act and if an appeal is filed within four weeks from the date of receipt of a copy of this order before the appellate authority. If an appeal is filed as permitted through this order, the appellate authority considers the condoning delay by reference to section 14 of the Limitation Act.

5. The writ petition is disposed of. No order as to costs.

6. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stand closed.

​ ___________________ JUSTICE S.V. BHATT 23/02/2016 I s L HONOURABLE SRI JUSTICE S.V. BHATT

WRIT PETITION NO. 188 of 2012 Date: 23/02/2016 Circulation No.

Court Master: I s L