Gogula Challam Naidu v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28055 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking to issue writ of mandamus declaring the action of the first respondent in issuing Memo No.3870/Coop.IV/2016-1, dated 06.7.2016 as illegal and arbitrary.

2.

Heard Sri C.Damodar Reddy, learned counsel for the petitioner and the learned Government Pleader for Cooperation. 3.

The seventh respondent and others were elected as Managing Committee of sixth respondent-M/s.Kothur Primary Agriculture Co-operative Society in the year 2013. While so, on 18.4.2016, the fifth respondent issued proceedings Rc.No.1101/ 2014-C dated 18.4.2016 superseding the Managing Committee of the sixth respondent-Society. Feeling aggrieved by the orders of the fifth respondent, the seventh respondent and others carried the matter before the first respondent. By the impugned order dated 06.7.2016, the first respondent stayed the proceedings Rc.No.1101/2014-C, dated 18.4.2016 issued by the fifth respondent. It is an admitted fact that the matter is pending before the first respondent.

4.

At the time of the arguments, the only relief sought by the learned counsel for the petitioner is to direct the first respondent to dispose of the appeal/revision pending before the first respondent. The learned Government Pleader also consented for disposal of the matter. In view of the submissions made by both the counsel, this

court is not inclined to express any opinion touching the merits of the main case.

5.

Having regard to the facts and circumstances of the case and also the submissions made by the learned counsel for both the parties, the first respondent is hereby directed to dispose of the appeal/revision filed by seventh respondent and others, after affording reasonable opportunity to the petitioner and other affected persons, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. 6.

With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

________________________ T.SUNIL CHOWDARY, J September 21, 2016 NOTE:

Dispatch order copy in three days.

(By order) YS