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High Court for State of TelanganaWP/23506/2017disposed of no costs

Group Capt. Srinivas Kurra, S/O Late Sri K.K.Rao v. State Of Telangana, Represented By Its Principal Secretary

2017-07-21B.Siva Sankara Rao3 pages

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.23506 of 2017 ORDER :

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief: " ...to issue writ, order or direction more particularly in the nature of mandamus declaring inaction on the part of the 2nd respondent in not disposing the interlocutory application (I.A) in CTA No.18 of 2017 as well as CTA NO.18 OF 2017 filed by the petitioner against the respondent No.3 to 5, as wholly illegal, arbitrary, unjust and violation of Articles 14 and 21 of the Constitution of India and consequently direct the 2nd respondent to dispose CTA No.18 of 2017 within time frame as may be fixed by this Hon'ble Court, preferably within one month, and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."

Heard learned counsel for the petitioner and learned Government Pleader for Cooperation appearing for respondents 1 and 2 before ordering notice to respondents 3 to 5 and perused the prayer in the writ petition with supporting affidavit and other material on record.

The grievance of the petitioner is that he filed interim application in C.T.A.No.18 of 2017 on 02.06.2017 before the Telangana Cooperative Tribunal, Hyderabad and that despite Sections 75 and 76 of the Cooperative Societies Act, 1964 amended by the Government of Telangana in G.O.Ms.No.53 dated 20.05.2016, the Tribunal is not disposing of the interim application, due to the vacancy of the Chairman of the Tribunal.

Having regard to the above, the Writ Petition is disposed of directing the Telangana Cooperative Tribunal, Hyderabad, to dispose of interim application in C.T.A.No.18 of 2017 filed by the petitioner, on merits, within one month from the date of receipt of copy of this order. No direction can be given to dispose of the main matter, as it is a fresh matter.

Consequently, miscellaneous petitions, if any, pending shall stand closed. No costs.

_________________________ Dr. B.SIVA SANKARA RAO J, Date:21.07.2017 pab

THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO WRIT PETITION No.23506 of 2017 DATE: 21.07.2017 pab