Telangana High Court
Mohammad Mansoor Ali vs The State Of Telangana on 15 July, 2024
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.27526 OF 2022
ORDER:
This writ petition is filed seeking the following relief:
"....to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action Respondent No 2 in issuing the certificate for recovery under Section 71 of the Telangana Cooperative Societies Act directing the 4rd respondent to recover an amount of Rs.3,15,414/- from petitioner vide case No.255/2020 dated 23.10.2020 likewise an amount of Rs.2,66,886/- from the 2nd petitioner vide case No.256/2020 dated 23.10.2020 without considering the representations made by petitioners on 17.3.2020 and undated representation which the 2nd respondent acknowledged the same in failure directed the respondent Nos.3 and 4 to proceed against petitioners by filing execution petition is illegal arbitrary and violation of principles of natural justice and consequently set aside the proceedings dated 23.10.2020 in case No.255 of 2020 and 256 of 2020 issued by respondent No.2 declaring it as illegal..."
2. Heard the learned counsel for the parties and perused the record.
3. The petitioners are the owners and possessors of land to an extent of Acs.5-00 in Sy.No.58 of Durajpalli Village, Chivemla Mandal. The case of the petitioners is that in view of the scheme announced by the Government to extend financial help to the interested persons to construct Green Poly House structures, they have approached the District Collector and the District Horticulture Officer, Suryapet for 2 CVBR, J wp_27526_2022 sanction of poly houses and subsequently, the authorities have sanctioned the said scheme in their favour. It is the further case of the petitioners that respondent No.3 vide proceedings Rc.No.L&A/LT/PolyHouse/F.No.1/2016-17, dated 26.05.2016 has sanctioned loan in their favour for construction of poly houses and unfortunately, due to heavy rains and wind on 11.05.2019, the Green Poly House sheds have completely damaged and the same was informed to the Horticulture Officer, Suryapet by way of representation, dated 14.05.2019 to reconstruct the sheds, which were damaged and in pursuance of the same, the Horticulture Officer, Suryapet issued a letter to M/s.Pipes and Flows Products to rectify the damage and also arrange to issue loss compensation through insurance company and submit the satisfaction report. It is the further case of the petitioners that, while sanctioning the loan, the total project was insured with the insurance company by the department and in case of any incidents or damage due to accidental things such as Fire or any other mode, the loss of damage will be claimed from the insurance company, which also includes the loan obtained by them. But, without considering the same, in view 3 CVBR, J wp_27526_2022 of non-payment of EMI's subsequent to the incident on 11.05.2019, respondent No.2 issued notice on 03.03.2020 directing to pay the amounts as mentioned in the notice. It is the further case of the petitioners that soon after receipt of the said notice, they have filed a representation, dated 17.03.2020 before respondent Nos.2 and 4 requesting to grant time for payment of the EMI's, but, without considering the said representation, respondent No.2 issued proceedings vide Case Nos.255 and 256 of 2020, dated 23.10.2020, directing respondent No.4 to recover the amounts.
4. Learned counsel for the respondents submitted that, if the petitioners are aggrieved by the proceedings passed by respondent No.2, they have an efficacious remedy of filing an appeal under Section 76 of the Act before the Cooperative Tribunal.
5. Since the petitioners have an efficacious and alternative remedy as provided under Section 76 of the Act, this Court, without expressing any opinion on the merits of the matter, deems it appropriate to dispose of this writ petition relegating 4 CVBR, J wp_27526_2022 the petitioner to avail the said remedy by filing an appeal before the Cooperative Tribunal.
6. With the above directions, this Writ Petition is disposed of. No order as to costs.
7. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_____________________________ C.V. BHASKAR REDDY, J Date: 15.07.2024 sus