High Court · 2025
Case Details
Acts & Sections
...RESPONDENTS Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit rireo tneiewitr,in""Hign corrt may be preased to rssue appropriate writ, order or direction, ,o.. particrraay, in the nature of writ 9l tvtgno3.lu-s- oecraring the action or *re oniciar-Ie"iono"n,. in not conductino enquiry U/s.50 ro 60 of cooperative Societiei n.i'r-sjo+ "sri;.i l;"1r#:lr: respondents for recovery of misappropriation of funds fro, if," ,."orn[;; il; pet(ioners- upon the representations, dated 07.03.2025, 06.02.2024 and 28.O2.2022 of the petitioners, as illegal, arbitrary and against the principles of natural justice and vioration Articrei lq, $ ani zi or tn" conrtitriion-Jilioi, and violation of provisions of T.S. Cooperatir" n"i, f S6a and consequen,y direct the official respondents to conduct enquiry again;i iriJ unorricrat respondents bv following due process of law for ,""or.ry oi?irrppiJprir,on or rrrlo"'irir"tfi accounts of the petitioners -of lA NO: 1 F 2025 Petition under Section -15'1 cpc praying that in the circumstances.stared in the affidavit_filed in support of the petition,'fnJ iign C;r.t may be pleased to the direct the official respondents to consider'tne ,epiusuntutions, dated 07.03.2o2s, 06'02 2024 and 28.02.2022. of the petitioners-?oi-Jonoucting enquiry into the irregularities / ilegarities and misappropiiation or rrnoi from the accounts of the petitioners by the unofficiar respondents, pending ois;osar of the above wrii p"ii,.i Counsel for the petitioners: SRl. KADARU PRABHAKAR RAO Counsel for the Respondent Nos.i&3 to 5: Gp FOR COOPERATION Counsel forthe Respondent No.2: Gp FOR REVENUE Counsel for the Respondent Nos.6 to 1i: _- The Court made the following: ORDER THE HON'BLE SMT. JUSTICE T. MADHAVI DBVI WRIT PETITION No.9003 of 2025 ORDER: This Writ Petition is seeking a Writ of Mandamus declaring the action of the official respondents in not conducting the enquiry under Sections 50 to 60 of the Telangana Cooperative Societies Act, 1964, (for short, 'the Act') against the unofficial respondents for recovery of misappropriation of funds from accounts of the petitioners as illegat and arbitrary and consequently to direct the respondents to conduct an enquiry against the unofficial respondent by following due process of law for recovery ol the misappropriation of funds and to pass such other order or orders. I \ 2 The petitioners claim to have made representations dated
28.02.2022, 06.02.2024 and 07.03.2025, but according to the t t petitioners, so far no action has been taken by the respondents J Leamed counsel for the petitioners reiterated the submissions made in the writ affidavit
4. Learned Government Pleader for Cooperation' on instructions, submitted that the Assistant Registrar (Field) of the Cooperative Societies at Wyra, has been appointed as the Enquiry ---- TMD,I wp 9m3 2025 2 O[ficer vide proceedings dated 19.03.2025, and that the enquiry would be conducted into the allegations made by the petitioners.
5. In view of the above, this Court deems it fit and proper to dispose of this Writ Petition with a direction to the respondent authorities to conclude the enquiry in accordance with law within the time prescribed under the Act.
6. With the above directions, this Writ Petition is disposed of. No order as to costs. Miscellaneous applications, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/. SD/- K. AMMAJI DEPUTY RqGISTRAR sEc+WdFFrcER The Principa Secretary, Cooperation Department, Secretariat, Hyderabad The Drstrict Collector, Khammam, Khammam District. The District Cooperative Officer, Khammam bistrict, Collectorate Complex, V.V. Palem, Khammam District. The DeputyRegistrar / Audit Officer, 0/o. The District Cooperative Officer, Khammam Dlstrict, Collectorate Complex, V.V. Patem, Kh'ammam Districl The Assrstant_Registrar / Auditor, Primary Agricultural Cooperative Credit Society (PACS), Thallada, Khammam DiStriat. ].ne. C!iel Executive Officer, Primary Agricultural Cooperative Credit Society Limited, Tallada, Khammam District, The President, Managing Committee, The Primary Agricultural Cooperative Credit Society Limited, Tallada (Regd.No.12TEE)-Khimmam Distriit, The lvlanager, District Cooperative Central Bank (DCCB), Khammam, Gandhi Chowk, Khammam, Khammam District. To, 1 2 3 4 6 7 8 I I - ,li:f i,lg,S'J?fl%;','"1,"b?.i,?g,irativecentrarBank(DccB)'rarrada 10.One CC to SRI KADARU PRABHAKAR RAO Advocate IOPUC] Court for the State of r t Two CCs to GPJOR COOPERATION 'High for Revenue' Hish Court for the State of Telanqana at Telangana [OU I I ,, ly3."rr?ll fGP 13. Two CD Copies KKS TJ tp HlGH COURT DATED:2710312025 ( ( ORDER WP.No.9003 of 2025 ilir. rHt S 14 t 1 [ JUI. 2W (i\ r- J c-, - .{i ).,' ( I DISPOSING THE WRIT PETITION WITHOUT COSTS Lq 6lN