Ambati Taviti Naidu v. The State of Andhra Pradesh

This petition is filed seeking a mandamus to declare the proceedings in Rc.No.4385/ 94-C (Coop.), dated 09-07-1996 issued by second respondent and the consequential registration of Crime No.43 of 2002 on the file of the Garugubilli Police Station, Vizianagaram District as illegal, arbitrary, without jurisdiction and violative of the principles of natural justice and the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act’) and the Rules made thereunder and also violative of Article 14 of the Constitution of India and consequently set aside the said proceedings dated 09-07- 1996 and to pass such other orders.

When the matter is taken up for hearing, it is submitted by learned counsel for petitioner that similar matter came up for hearing before this Court and a learned Single Judge by his judgment dated 15-02-2005 in W.P.No.9736 of 1997 has clearly held that the Collector has no power to accord sanction for launching prosecution against the petitioner therein. Following the said judgment, another learned Single Judge, allowed W.P.No.5372 of 2004 by his order dated 27-07-2007 and quashed the proceedings in Crime No.77 of 2003 on the file of Gajapathinagaram Police Station. Similar is the view taken by another learned Single Judge in another writ petition. Of course, learned Government Pleader opposed the same contending that the said view taken by the learned Single Judge is not correct and tried to impress upon this Court stating that G.O.Ms.No.2351 dated 10-11-1967 is no more in existence because of the amendment to Section 83 of the Act in the year 2001.

Having heard both the learned counsel and given my anxious consideration to the case on hand, this Court is of the view that propriety requires that the Courts shall adopt a uniform policy and hence, this Court has no exception but to accept the said judgment of the learned Single Judge made in W.P.No.9736 of 1997. In fact, the said judgment is not questioned by the respondent authorities and for that reason also this Court is of the view that this Court has to follow the said judgment.

The Principal Secretary, State of Andhra Pradesh, Cooperative Department, Secretariat, Hyderabad. 2. The Collector (Cooperation), Vizianagaram, Vizianagaram District. 3. The District Cooperative Officer, Vizianagaram, Vizianagaram District. 4. The Divisional Cooperative Officer, Vizianagaram, Vizianagaram District. 5. The Station House Officer, Garugubilli Police Station, Vizianagaram District. 6. 2CCs to 7. 2CD copies Form-NIC-OGS/WP{RLD}