Telangana High Court
Samanthula Raja Mallaiah vs The State Of Telangana on 20 November, 2024
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.32353 of 2024
ORDER:
Heard Sri Kalvala Sanjeev, learned Counsel appearing on behalf of the petitioner, learned Government Pleader for Co-Operation, appearing on behalf of respondent Nos.1, 3, 5 and 6, learned Government Pleader for Finance and Planning, appearing on behalf of respondent No.2, learned Government Pleader for Revenue, appearing on behalf of respondent No.4.
2. The petitioner approached the Court seeking prayer as follows:
"...to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents Nos.3 to 7 in not considering the petitioner's representations dated 16.11.2024 and 14.11.2024 there is a threat of remove existing members and Nandimedaram Center In-charge of the Primary Agricultural Co-operative Society Ltd, Nandimedaram of Nandimedaram Village, Dharmaram Mandal, Peddapalli District and after changing of the State Government having local 2 SN, J WP_32353_2024 political involvement present ruling party local politicians interfering into the Primary Agricultural Co-operative Society Ltd., Nandimedaram and threatening to they can remove existing members in the present Co-operative Society forcibly and they cannot co-operate to the petitioner to appoint new appointments in the Primary Agricultural Co-operative Society Ltd, Nandimedaram, is highly illegal, arbitrary unconstitutional, violation of Article 14, 19 and 21 of the Constitution of India, and in violation of Principles of Natural Justice, apart from violation of Primary Agricultural Co-Operative Society Act, 1964 consequently direct the respondents Nos.3 to 7 to consider the petitioner's representations dated 16.11.2024 and 14.11.2024 not to remove the existing members of Primary Agricultural Co- operative Society Ltd, Nandimedaram, Nandimedaram Village, Dharmaram Mandal, Peddapalli District and pass such other order or orders may deem fit and proper in the circumstances of the case."
3. It is the specific case of the petitioner that respondent Nos.3 to7 are not considering the petitioner's representation dated 16.11.2024 and 14.11.2024 pertaining to issuance of proceedings to remove existing members and Nandimedaram Center In-charges of Primary Agricultural Co-operative 3 SN, J WP_32353_2024 Society Limited, Nandimedaram of Nandimedaram Village, Dharmaram Mandal, Peddapalli District. It is the case of the petitioner that due to political consideration respondent Nos.3 to 7 are not considering the representation of the petitioner and contending that they can remove present existing members and Nandimedaram Center, In-charges of the Primary Agricultural Co-operative Society Limited, Nandimedaram of Nandimedaram Village, Dharmaram Mandal, Peddapalli District. Hence, the present writ petition.
4. Learned Government Pleader for Co-Operation, appearing on behalf of respondent Nos.1, 3, 5 and 6 brings on record, the written instructions dated 19.11.2024, in particular paragraph No.4 is extracted hereunder:
4. "It is submitted that, the Managing Committee of the Primary Agricultural Cooperative Society Ltd., Nandimedaram, Mandal Dharmaram has appointed the Center In-Charges as daily wages workers, after made a resolution in the Managing Committee Meeting. At present not removed any Paddy Procurement Center In-Charge of Primary Agricultural Cooperative Society Ltd., 4 SN, J WP_32353_2024 Nandimedaram and all Center In-Charges are continuing."
5. Learned Government Pleader for Co-Operation, appearing on behalf of respondent Nos.1, 3, 5 and 6 upon instructions submits that the respondents have not removed any In-charge of the Primary Agricultural Co-operative Society Limited, Nandimedaram of Nandimedaram Village, Dharmaram Mandal, Peddapalli District and that all Centre In-charges are continuing and the petitioner had approached this Court only on apprehension.
6. Taking into consideration the said submissions made by the learned Government Pleader appearing on behalf of respondent Nos.1, 3, 5 and 6 and the written instructions dated 19.11.2024 furnished by the Deputy Registrar, District Co-operative Officer, Paddapalli, and duly bringing the same on record, the writ petition is closed. It is however directed that the respondents shall follow the provisions of Primary Agricultural Co-operative Society Act, 1964 strictly, without influence of any political considerations.
5 SN, J WP_32353_2024 Miscellaneous petitions, if any, pending shall stand closed.
__________________________ MRS JUSTICE SUREPALLI NANDA Date: 20.11.2024 Dsu