The High Court · 2025

the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of impugned certificate Dl. 03-02'2025 issued under section 7'l of the Telangana State Cooperative Societies Act as the same is issued without jurisdiction and without following due process of law, pending disposal of the writ petition. Counsel for the Petitioner: SR! TARUN RAM AITHAM Counsel for the Respondents No.1 to 3: GP FOR COOPERATION Counsel for the Respondent Nos.4 & 5: SRI SRINIVAS POLAVARAPU The Court made the following: ORDER THE HON'BLE SMT. JUSTTCE T. MADHAVI DEVI 1l WRIT PETITION No.a451of 2025 ORDER: This Writ Petition is frled seeking the following relief: "...to issue o tuit order or direction one in tlqe nahtre of mandamus declaing the action ^?f - 'h" iespondJnt No.4 in issuing certiftcate^ Dt' 03 02 2025 uide, section 71 of the Telongona State Cooperatiue Socteties Act tttithout affecting proper notice to tle petitioner a.s per the piouisions of the act as illegal' -arbitrary, null and uird and uithout junsdiction or ailtloriil and contrary to tle Principles of Natural i""in i"a in violatioiof articles 14, 21 ond 3OO-A of 'ti a nstitution of Indio and consequentlA set aside tle ertifiute Dt. 03.02.2025 issued ba the respondent No.i as being null and uoid and tuithout jurisdiction or autlaitg and Pass suclL.." Brief facts leading to the fiting of the present writ 2. petition are that the petitioner approached respondent No'5 for a loan and after due process, respondent No'5 sanctioned the loan on 10'03'2023 for a sum of Rs.5,OO,O0O/- (Rupees Five Lakhs only) to be pard in 60 installments with a monthly installment of Rs'11'6501' (Rupees Eleven Thousand Six Fitty only) tt is further stated that, accordingly, the loan has been disbursed in 2 TMD,J wp_8451_2025 favour of the petitioner and after disbursement of the loan amount, the petitioner promptly paid the monthly insta,llments without any delay for a period of ten months and due to severe loss in business, the petitioner could not make payment of the installments thereafter. It is further submitted that the petitioner requested respondent No.S to grant considerable time for repayment of the defaulted installments but without initiating proper notice, respondent No.4 issued a certificate dated O3.O2.2O25 under Section 71 of the Telangana State Cooperative Societies Act, 1964. The grievance of the petitioner is that the respondents have not issued any notice and without giving any opportunity, issued the impugned certificate dated O3.02.2025. Therefore, the present Writ petition has been hled.

3. Learned counsel for the petitioner submitted that the petitioner is ready to pay the loan amounr to respondent No.5 and seeking a direction to the respondents to allow it to make payment of the balance loan amount in twelve equal installrnents. 3 IMD,J wp_8451_2025 4 Heard learned Government Pleader for Cooperation appearing for respondents No.l to 3 and Sri Srinivas Polavarapu, learned counsel appearing for respondents No.4 and 5.

5. Having regard to the above submissions, this Court \ is inclined to grant stay of all further proceedings pursuant to the impugned certihcate dated O3.O2.2O25 issued by respondent No.4, subject to the petitioner paying the entire loan amount with interest in installments as per the following terms. The petitioner shall pay Rs.50,00O/- (Rupees Fifty Thousand only) per month for twelve (12) months and each installment shall be paid on the 15,n of every month, commencing from 15.04.2025 and ending with 15.O3.2026 and the last installment shall include the interest & expenses, etc., if any, which are due to respondent No.S till the date of payment. In case the petitioner fails to make payment of any of the installments, in terms of this order, the stay shall automatically stand vacated and the respondents shall proceed with consequential action pursuant to the impugned certificate 4 TMD,] wp_8451_2025 6 With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

7. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. To, 1' ---- //TRUE COPY// "- '- vr wv'vrslr Secretariat buildings, niOeraSaO. Gruhakalpa. Nampally, nvOeraOaO. -"r i rvvrvrrur i SD/.V.KAVITHA \ OEPUTY REGISTRAR \ \. | i \. SECTION OFFICER 1. The Principat Secretary. (de.partment of cooperatiol), State of Telangana, 2' The Commissioner for cooperation and Registrar of cooperative Societies, 3. The District Cooperative Officer, Khammam Raparthi Nagar, Khammam. 4. The Deputv Reoistrar/oJf-icer on _Speciar Duty, District cooperative centrar offrce ii p.6 N,ii6 ciinT'rii ffrowk,.xhammam ciry 5. The Branch Manaoer District q!,operative Central Bank Ltd, Head Office, city and District 6. One CC to SRt TARUN RAM A|THAM, Advocate tOpUCI 7. Two CCs to Gp for Cooperation, High Court for the State of Telangana at 8 One CC to SRt SRTNIVAS POLAVARAPU, Advocate tOpUCI 9. Two CD Copies Khammam, office it p e No i6, 3i,lbl;lf,;,^.rrimam, -G-a-rio:i;i'di,,ili.,'tri,;rmam Hyderabad. [OUT] M MP/BSK I I I I I I I i I t i i , I : t i ; ; I i : i i . i i I I ! HIGH COURT DATED:2410312025 _---\ L,4,/.\.., \ Ll 7 ,Q 1 >/ 29 JUL 2025 ORDER WP.No.8451 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @w