Sommannagari Sunanda v. The Deputy Registrar - Osd

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER W RI T PETI TI ON No.8 5 1 7 OF 2 0 1 9 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the action of respondent No.1 in issuing the notice, dated 01.03.2019, under Section 71 (2) of the Telangana State Co-operative Societies Act, 1964 (for short, 'the Act') and the consequential Certificate, dated 01.04.2019, issued under Section 71 (2) of the Act, for recovery of arrears, as illegal and arbitrary and consequently, to set aside the Certificate, dated 01.04.2019, issued by respondent No.1. 2 .

Heard learned counsel for the petitioner and Sri K. Ravinder Reddy, learned Standing Counsel, appearing for respondent Nos.1 and 3, and perused the record. 3 .

The impugned Certificate, dated 01.04.2019, under Section 71 (2) of the Act, was issued by respondent No.1 for recovery of arrears, consequent to the impugned notice, dated 01.03.2019, after conducting enquiry and following due process of law. There is continuous default on the part of the petitioner in repaying the loan amount. There is no infirmity in issuing the notice, dated 01.03.2019, and the consequential Certificate, dated 01.04.2019. Under these circumstances, there are no merits to allow the Writ Petition, as prayed for. 4 .

Accordingly, the Writ Petition is dismissed.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs. ______________________ Dr . SHAMEEM AKTHER, J May 01, 2019.

MD