T. Narsing Rao v. The Joint Registrar / District Cooperative Officer,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.7973 OF 2010 ORDER:

The Writ Petition is filed seeking a Writ of Mandamus declaring the proceedings in Rc.No.1809/2007-E dated 12.01.2009 issued by the first respondent; enquiry report in Rc.No.1/SDLCOChevella/Enq.08, dated 28.05.2009 issued by the third respondent and consequential surcharge proceedings issued under Section 60(1) of the AndhraPradesh Co-operative Societies Act, 1964 ("the Act" for brevity) issued by the second respondent as arbitrary and illegal.

When the matter is taken up for hearing, learned Government Pleader has placed on record the instructions from their office received by way of para-wise remarks and the draft counter through the Divisional Co-operative Officer dated 07.12.2015, wherein it has been categorically stated that the Divisional Co-operative Officer had informed the learned Government Pleader that the impugned surcharge proceedings dated 27.07.2010 made under Section 60 of the Act were challenged by the Managing Committee Members before the Hon'ble Co-operative Tribunal (Tribunal) in C.T.A.No.93 of 2011 and the Tribunal had quashed the same by its order dated 17.10.2014 and there is no further challenge to the order dated 17.10.2014. In this view of the matter, the very Writ Petition challenging the proceedings dated 27.07.2010 does not survive for further adjudication.

Recording the submission made by the learned Government Pleader, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

______________________ (CHALLA KODANDA RAM, J) 15th December 2015 RRB