G.Kurmaiah Goud v. Toddy Tappers Co-Operative Society

HIGH COURT FOR THE STATE OF TELANGANA THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT APPEAL No.556 of 2019 Date: 25.10.2019 Between:

G. Kurmaiah Goud ... Appellant and Toddy Tappers Co-operative Society, Mahabubnagar Town & District, Rep. by its Director, and others.

...Respondents

Counsel for the appellant:

Mr. Srinivas Kapatia Counsel for the respondent No.1 :

Mr. M.V.V. Baswa Raj Counsel for the respondent Nos.2 to 4: GP for Prohibition & Excise The Court made the following:

HCJ & AAR, J W.A. No.556 of 2019 Dt: 25.10.2019 JUDGMENT: (per the Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan) The appellant has challenged the legality of the order dated 22.05.2019, passed by a learned Single Judge, in W.P.No.10472 of 2019, whereby the learned Single Judge has directed that although the elections may go on, the results shall not be announced for two weeks.

Mr. Srinivas Kapatia, the learned counsel for the appellant, submits that despite the fact that the elections have been concluded peacefully, the results of the elections are not being announced due to the stay granted by the learned Single Judge. Therefore, the cooperative society continues to suffer.

The learned counsel for the appellant further submits that already the appellant has filed an application for impleadment before the learned Single Judge. Moreover, the respondent No.2 has filed an application for vacating the impugned stay order. However, the learned Single Judge is not able to take up either of the two applications despite the repeated requests made before the learned Single Judge. Once the appellant has filed an impleadment application before the learned Single Judge, the appellant is required to pursue the remedy before the learned Single Judge. Therefore, this Court does not find any merit in the present appeal.

The writ appeal is, therefore, dismissed. However, this Court requests the learned Single Judge to decide both the

HCJ & AAR, J W.A. No.556 of 2019 Dt: 25.10.2019 applications for vacating the stay order and for impleadment, as soon as possible and preferably within a period of one month. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall also stand dismissed.

________________________________________ (RAGHVENDRA SINGH CHAUHAN, CJ) _____________________________ (A. ABHISHEK REDDY, J) Date: 25.10.2019 va