Turkayamjal Rythu Seva Co-Operative Society Ltd., v. The State Of Telangana,
THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.42458 of 2017 ORDER :
This writ petition is filed with the following prayer: " ...to issue a Writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent Nos.2 & 3 in interfering with day-to-day activities of the petitioner society under the guise of inquiry under Section 51 of the Telangana Cooperative Societies Act, 1964 as being arbitrary and illegal and Article 14 of the Constitution of India and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
The only grievance of the petitioner is that the respondents are interfering with the day-to-day activities of the petitioner-society under the guise of financial and administrative irregularities in the petitioner-society. But, however, the writ petitioner has not challenged the initiation of proceedings for conducting enquiry under Section 51 of Telangana Cooperative Societies Act, 1964. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Cooperation who submits that the respondents are not interfering with the day-to-day activities of the petitioner-society and the writ petition is filed only to avoid enquiry initiated under Section 51 of the Telangana Cooperative Societies Act, 1964. It is stated that the petitioner has already submitted its explanation.
In view of the above, the writ petition is disposed of directing the respondents not to interfere with the day-to-day activities of the
petitioner-society. However, this order will not preclude the respondent-authorities from taking necessary action for conducting enquiry under Section 51 of the Telangana Cooperative Societies Act, 1964 and the petitioner shall cooperate for the enquiry failing which, it is open for the respondents to take appropriate action in accordance with law. No costs.
Consequently, Miscellaneous Petitions pending, if any, shall stand closed.
__________________________ A. RAJASHEKER REDDY, J 14th December, 2017 Tsr