Smt.Brundavanam Gayatri W/O.B.Venkata Sivaji v. The Deputy Registrar Of Cooperative Societies

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.41102 of 2016 ORDER:

Heard Sri K.Chidambaram for petitioner and Assistant Government Pleader for Co-operation for respondents.

The petitioner assails the order dated 24-10-2016 in Claim No.1/ 201617 in E.P.No.11/ 15-16 of 1st respondent as illegal, arbitrary and unconstitutional.

The Claim Petition is filed by petitioner under Sub-Rule 21 (a) of Rule 52 of A.P. Co-operative Societies Rules, 1964 (for short 'the Rules'). The party aggrieved by an order of the authority as provided under Clause (c) of Sub-Rule 21 can avail the remedy of suit within six months from the date of order to establish the right on the property claimed by him. Since the aggrieved party is given liberty of working out the remedy in a suit instituted by her, I am not entertaining the writ petition or exercising the jurisdiction under Article 226 of Constitution of India. The writ petition is dismissed on the ground that the petitioner, if so advised, can work out the prayers against the order dated 24-10-2016 in Claim No.1/ 2016-17 in E.P.No.11/ 15-16 by instituting a suit. No order as to costs.

Miscellaneous petitions, if any, pending, shall stand closed. ______________ S. V. BHATT, J Dt: 28-11-2016 Prv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.41102 of 2016 28-11-2016 Prv