✦ High Court of India · 22 Jan 2025

The Managins Commiftee of the Prim.ary 4q'i".'!tyt'.1 cq9ry{l'9 v. 1. The State of Telangana

Case Details High Court of India · 22 Jan 2025
Court
High Court of India
Decided
22 Jan 2025
Bench
Not available
Length
1,390 words

5. Sri Kothakoda Paramesh, S/o. Narayana, ?94 42 years, Occ' former ChieJ. - ilfiiG Ofnce., pnCS'LiO- Sirpur, nyo. HItto. z-ss, Sirpur (V) Mallapu(M), 6 The Primarv Aoricultwal Cooperative Society Ltd',, Society Ltd'' Sirpur' Srpur - niilase;Mrfiap"ur Mandal, Jagtial District' Rep' by its Secretary' Jagtial District. .....RESPONDENTS Pe{ition Under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleasedtopassanorders'orissueanydirectionsorissueanyappropriatewrit more particularly in the nature of writ of certiorari calling for the records in lA' No' 79 0f 2024 in cTA. No. 24 0f 2024 daled 04.12.2024 0n the file of the court of the Hon'ble Cooperative Tribunal at Warangal whereby the Hon,ble Tribunal stayed the rmpugned Surcharge Order in Rc.No. 92512024-C dt.O1 .10.2024 on a condition to deposit 25 percent of the Surcharg e order amount of the petitioner on or before 22.01 .2025 without application of mind and without following due procedure and the impugned order is violative of principles of natural justice apart from violative of Articles 14,21 of constitution of lndia and violative of the Telangana Cooperative Societies Act, 1964 and to consequenfly set aside the said conditional orders dated 04.1 2.2024 in tA. No. 79 ot 2024 in CTA. No. 24 of 2024 on the file of the court of the Hon'ble Cooperative Tribunal at Warangal and to continue stay of the Surcharge Order in Rc.No. g2St2O24_C dt.01.10.2024 without insisting the petitioner to deposit 25 percent of surcharge amount pending adjudication of the Appea I vide CTA No.24 of 2024 l.A. NO:2O F 202s Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the conditionar order dated 01 .12.2024 in rA. No. 79 of 2o24in crA. No. 24 0f 2024 0n the fire of the court of the Hon'bre cooperative Tribunar at warangar in Rc No' g25r2024-C dt.o1 .10.2024 and to continue stay of the surcharge order in Rc'No: 925/2024-C dt-01 .10.2024 wirhout insisling the petitioner to deposit 250/o of surcharge amount pending disposar of main writ petition in the interest of Justice. Counsel for the petitioner : SRI ALLURI DIVAKAR REDDY Counsel for the Respondent Nos.l to 4 : Gp FOR COOPERATION Counset forthe Respondent Nos.S & 6: _ WP.NO:1 741 0 F 202s Between: Qa{dam Anjireddy, S/o Agncu[ural Cooo6rative Jagtial District. s:i[&ffi ::5,,f,""::J,;T,r",,fr ":ffi:1fl"illfi :x]? .....PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Cooperative Department, Secretariat, Hyderabad.

2. The Deputy Registrar of cooperative Societies, District crcoperative ofiicer, Jagtial, Jagtial District. - 3.TheDeputyRegistrar/Auditofficerandlnquiry-officerofPACSLtd'Sirpur, O/o. ihd Districicooperative officer, Jagtial lDoC Building, Jagtial' 4. The Deputy Registrar/Audit officer, o/o. the District Cooperative officer, Jagtial IDOC Building, Jagtial.

5. Sri Kothakoda Paramesh, Sri Kothakoda Paramesh, S/o Narayana, ?99d !2 - ,.rrs. Occ. former Chief Executive Officer, PACS Ltd'' Sirpur, R/o' H No' 2- 98, Sirpur (V) Mallapu(M), Jagtial District. - 6.ThePrimaryAgriculturalCooperativeSocletyLtd,societyLtd.,Sirpur,Sirpur Vittage, lr,tallap"ur Mandal, Jagtial District. Rep. by its Secretary' .....RESPONDENTS Petition under Art'rcle 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased topleased to pass an orders, or issue any direclions or issue any appropriate writ more particularly in the nature of writ of certiorari calling for th€ records in lA. No. 78 0t 2024 in cTA. No. 23 0f 2024 dated 04.12.2024 0n the file of the court of the Hon'ble cooperative Tribunal at warangal whereby the Hon'ble Tribunal stayed the impugned Surcharge Order in Rc'M' 92512024-C dt.01.10.2024 on a condition to deposit 2spercent of the surcharge order amount of the petitioner on or before 22.01 .2025 without application of mind and without folkrwing due procedure and the impugned order is violative of principles of natural justice apart from violative of Articles 14,21 of constitution of lndia and violative of the-Telangana cooperative societies Act, 1964 and to consequently setasidethesaidconditionalordersdatedo4.l2.m24inlA.}.lo.78otN24in cTA. No. 23 of 2024 on the file of the court of the Honble cooperative Tribunal at warangal and to continue stay of the surcharge ordet in Rc.l'lo. 925/2024-C dt.o1 .1o.2024without insisting the petitioner to deposit 2spercent of surcharge amountpendingadjudicationoftheAppealvideCTANo.23of2024andtopass l.A.NO:2 OF 2025 Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the conditionar order dated 04.12.2024 in rA. No. 78 of 2024 in crA. No. 23 ot 2024 on the fire of the court of the Hon'bre cooperative Tribunar at warangal in Rc.No. 92st2024-c dt.o1 -10.2024 and to continue stay of the surchirge order in Rc.No. 92sl2024-c dt.o1 .10.2024 without insisting the petitioner to deposit 25yo of surcharge amount pending disposar of main writ petition in the interest of Justice. Counsel for the Petitioner : SRt ALLURI DIVAKAR REDDY Counsel for the Respondent Nos.l to 4 : Gp FOR COOPERATION Counsel forthe Respondent Nos.S & 6 : _ The Court made the following COMMON ORDER 1' THE HON'BLE SMT. JUSTTCE T. MADIIAVI DEVI WRIT PETITION Nos . L572 aad 1741 of2O25 COMMoN ORDER: . These Writ Petitions are {iled challenging the condition imposed by the Hon'ble Cooperative Tribunat at Warangal to deposit 25o/o ofthe surcharge order in the appeals filed under Section 76{61 ofthe Telangana Cooperative Societies Act' 1964 for granting interim suspension of the said orders' Since the issue involved in both the writ petitions is 2. similar, ttre same are heard together and are disposed of by this common and consolidated order' With the consent of both the parties, these Writ Petitions are disposed of at the admission stage. t \ tramed counsel for the petitioners submitted that the 3. petitioners in both the writ petitions are ready to furnish the bank guarantee to the extent of 25Vo of the surcharge order amountinsteadofdepositingthemoneyasorderedbythe Tribunat and prayed this Court to permit the petitionello do so. I 2 wp_7572_7741_ZOZ5 4 Learned Government pleader for Cooperation, appearing for respondent No.1 to 4, is also heard.

5. In view of the fact that the petitioners are willing to comply with the condition imposed by the Tribunal but to tlle extent of furnishing bark guarantee, this Court is inclined to accept the said contention. Therefore, the petitioners are permitted tc furnish the bank guarantee of 25(% of the surcharge order amount on or before 29.01.2O25 ald tJ.e Tribunal is directed to accept the same.

6. With the above directions, both the Writ petitions are disposed of. 'Ihere shall be no order as to costs. 7 Miscellaneous applications, if any, pending in these writ petitions, shall stand closed. SD/-T. TIRUMALA DEVI ASSISTANT REGISTRAR I //TRUE COPY// 1 I SECTION OFFICER To SA BS

1. The Principal Secretary, Cooperative Department, Secretariat, State of

2. The Deputy Registrar of Cooperative Socities, District Cooperative Officer, Telangana at Hyderabad. Jagtial, Jagtial District.

3. The Deputy Registrar/Audit Officer and lnquiry Officer of PACS Ltd, Sirpur, O/o. the Diskict Cooperative Officer, Jagtial IDOC Building, Jagtial. 4. The Deputy Registrar/Audit Officer, O/o. the District Cooperative Officer, Jagtial IDOC Building, Jagtial.

5. The Secretary, Primary Agricultural Cooperative Society Ltd, Society Ltd., Sirpur, Sirpur Village, Mallapur Mandal, Jagtial District.

6. Two CCs to GP FOR COOPERATION, High Court for the State of Telangana at Hyderabad. [OUT]

7. One CC to SRI ALLURI DIVAKAR REDDY, Advocate [OPUC] 8. Two CD Copies h. / C.C. TODAY S TAI{f tI J[\\ 1ffi P {;} -i'y' L. ',/ .-'..,....., - -.;'1/ HIGH COURT DATED:2210112025 o () COMMON ORDER WP.Nos.1572 AND 1741 ot 2025 f ,--.-:'; DISPOSING BOTH THE WRIT PETITITIONS WTHOUT COSTS. \\ .rd4 w.- iltl'"

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