B.P.Venkata Ramaiah, v. The Government Of Andhra Pradesh, Rep. By Its

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.25716 of 2014 ORDER :

Heard the counsel for petitioner, and the learned Government Pleader for Co-operation (Andhra Pradesh) for respondents.

2. This Writ Petition is filed challenging the order dt.17.08.2014 of the 2nd respondent-Society of which the 3rd respondent is a President, removing the petitioner from the Managing Committee of 2nd respondent-Society invoking Section 21A (1)(a) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, 'the Act').

3. Although the petitioner seeks to assail the same on the ground that 3rd respondent could not have exercised the power of removal of petitioner from the Managing Committee of 2nd respondent-Society, since the petitioner has an effective alternative remedy by way of appeal under Section 76 of the Act to assail the said order, and also because a Writ Petition may not lie against the 2nd respondent-Society in view of the Full Bench Judgment of this Court in Sri Konaseema Co-operative Central Bank Ltd., Amalapuram and another vs. N. Seetharama Raju, I am not inclined to entertain the Writ Petition.

4. Granting liberty to petitioner to approach the Andhra Pradesh Co-operative Tribunal, challenging the impugned order of 2nd respondent, this Writ Petition is dismissed. No order as to costs.

5. As a sequel, miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 09.11.2015 Ndr/*