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High Court for State of TelanganaWP/38940/2014dismissed no costs

Fishermen Co-Operative Society Munipampula, v. The State Of Telangana,

2015-12-29Case Is In Onwards List2 pages

THE HON'BLE SRI JUSTICE M.S. RAMACHANDRA RAO WRIT PETITION No.38940 of 2014 ORDER:

The petitioner in this Writ Petition has questioned the proceedings dt.28-05-2014 of 3rd respondent and consequential proceedings dt.04-12-2014 and 06-122014 as arbitrary and contrary to the provisions of the A.P. Cooperative Societies Act, 1964.

2. The sole plea of petitioner in this Writ Petition is that before publication for bifurcation of petitioner's Society by deleting Isikilla village from the area of operation of that Society, no objections from the petitioner were called for. This averment is prima facie false because the petitioner himself has filed proceedings dt.28-05-2014 of 3rd respondent inviting objections to the proposed deletion of Isikilla village from the area of operation of petitioner Society.

3. Further the petitioner has not disputed that he filed W.P.No.18497 of 2014 in this Court challenging the notice dt.28-05-2014 issued by 3rd respondent, which was dismissed on 06-08-2014 directing the petitioner to file objections and

directing the respondents to consider the objections and then pass orders. Although this order in the Writ Petition is referred to in the pleadings, no where is it stated in the affidavit filed by petitioner that it has submitted any objections to the deletion of Iskilla village from the area of operation of petitioner. In the absence of such a plea, it is not open to petitioner's counsel now to co ntend that objections were filed subsequently and they were not considered.

4. Therefore, I do not find any merit in this Writ Petition since the petitioner has not come to the Court with clean hands. It is accordingly dismissed. Interim order granted earlier is vacated. No costs.

5. As a sequel, miscellaneous petitions pending if any, in these Revisions shall stand closed.

___________________________________ JUSTICE M.S. RAMACHANDRA RAO Date: 29-12-2015 Vsv/*