Andhra Pradesh High Court - Amravati
Manchala Peter Poul vs The State Of Andhra Pradesh, on 9 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
[ 2696 ] (SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 18859 OF 2020 Between: Manchala Peter Poul, S/o Manchala Ananda Rao, Aged 59 years, Occ: Cultivation and Member (G.No.78) The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Agriculture and Cooperation Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. The District Cooperative Officer, Guntur, Guntur District. The Divisional Cooperative Officer, Tenali , Guntur District. The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal,Guntur District. Rep by President. 6. Sri Gundala Vijaya David Raju, President The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District 7. The District Cooperative Central: Bank limited Bapatla Branch, Guntur District Represented by its Branch Manager. ak w Respondents WHEREAS the Petitioner above named through his Advocate SRI L V S$ NAGARAJU presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 3 respondent in not ordering enquiry under section 51 of the A.P.C.S. Act into the affairs of the 5 respondent society and not freezing the accounts of the 5™ respondent society as Illegal, arbitrary and unconstitutional and contrary to the provisions of the A.P. Cooperative Societies Act and Rules made there under consequently direct the 3 respondent to order an enquiry under section 51 of the A.P.C.S Act into the affairs of the 5' respondent society and also to freeze the accounts of the 5" respondent society till enquiry under section 51 of the A.P.C.S Act is completed AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri L V S NAGARAJU Advocate for the Petitioner, and GP FOR COOPERATION for Respondents 1 to 4 directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. The Principal Secretary to Government, Agriculture and Cooperation Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Vijayawada, Krishna District. The District Cooperative Officer, Guntur, Guntur District. The Divisional Cooperative Officer, Tenali , Guntur District. The President, Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District. on w& 6. Sri Gundala Vijaya David Raju, President The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District 7. The Branch Manager, The District Cooperative Central Bank limited Bapatla Branch, Guntur District. are directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or. before 30.12.2020, on which date the case stands posted for hearing IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3 and 4° respondents to freeze the accounts of the 5" respondent society till enquiry under section 51 of the A.P.C.S. Act is completed, pending disposal of WP No.18859 of 2020, on the file of the High Court. The Court made the following: ORDER:
"l earned counsel for the petitioner states that one Sri Y.V. Srinivasan, learned counsel, filed implead petition seeking impleadment of proposed respondents as respondents 8 to 15 in the writ petition. But the said implead petition is not available in the record. The Registry is directed to verify and put up the same in the record. issue Notice before admission to the respondents. Learned Government Pleader for Cooperation takes notice for respondents 4 to 4 and waives further notice. He seeks time to file counter. Learned counsel for the petitioner is permitted to take personal notices to respondents 5 to 7 by RPAD and file proof of service into Registry. It is found that in spite of several adjournments from 16-10-2020, no counter is filed by the respondents. If the counter is not filed by the respondents, the 3 respondent-District Cooperative Officer, Guntur, is directed to appear before the Court on 30.12.2020 along with the concerned record to assist the court for disposal of the matter.
Post on 30-12-2020.
The Registry is directed to communicate this order to the 3 respondent forthwith".
SD/-G.SRINIVAS REDDY ISTANT REGISTRAR IITRUE COPY// vr :
gr ASSISTANT REGISTRAR To,
1. The Principal Secretary to Government, Agriculture and Cooperation Department, State of Andhra Pradesh, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh.
2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Vijayawda, Krishna District.
The District Cooperative Officer, Guntur, Guntur District. The Divisional Cooperative Officer, Tenali , Guntur District. The President, Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District.
6. Sri Gundala Vijaya David Raju, President The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society Limited No 547, Daggumallivaripalem, Bapatla Post and Mandal, Guntur District
7. The Branch Manager, The District Cooperative Central Bank limited Bapatla Branch, Guntur District. (Addresses 1 to 7 by RPAD- along with a copy of petition and memorandum of grounds)
8. One CC to SRIL V S NAGARAJU Advocate [OPUC]
9. Two CCs to GP FOR COOPERATION, High Court of Andhra Pradesh. [OUT]
10.One CC to SRI K.CHIDAMBARAM, Advocate [OPUC]
11.One spare copy ak & HIGH COURT MGRJ DATED:09/12/2020 POST ON 30.12.2020 NOTICE BEFORE ADMISSION WP.No.18859 of 2020 DIRECTION