✦ Andhra Pradesh High Court

Writ Petition No. 40062 of 2012 · Andhra Pradesh High Court

Writ Petition No. 40062 of 2012R SUBHASH REDDY

Case at a glance

Bench
R SUBHASH REDDY

Outcome

Disposed of

Subject to the above, the writ petition is disposed of

Judgment

Petitioner is a member of the 5th respondent – Varahi Primary Agricultural Cooperative Society Limited, Vedurpaka Village, Rayavaram Mandal, East Godavari District. He has availed loan facility from the said society. On the ground that he has not repaid the loan amount, the 5th respondent society has obtained Award bearing No.498/2007-2008 on 31.01.2008 and is taking further to execute such award obtained under provisions of the Andhra Pradesh Cooperative Societies Act, 1964. In execution proceedings, the petitioner was served with notice, before conducting auction/attachment of his lands, which were mortgaged with the 5th respondent, demanding an amount of Rs.3,82,177/- towards decretal amount. Though the petitioner is questioning the award and also consequential action of the fifth respondent in taking steps to realise such amount, when the matter is taken up, learned counsel for the petitioner submits that Award No.498/2007-2008 is an ex parte award and a copy of such award is not served on the petitioner, as such, he

Operative part

requests to dispose of the writ petition with the direction to the respondents to furnish a copy of the award so as to avail the remedies available under law. Though the petitioner has questioned the very award itself, in view of the limited request made by the learned counsel for the petitioner, I deem it appropriate to direct the respondents to give a certified copy of the Award No.498/2007-2008, dated 31.01.2008, by collecting necessary charges, within a period of six weeks from today. Further, the respondents are directed not to take any steps for auction of the petitioner’s agricultural lands, which are mortgaged with the 5th respondent society, for a period of eight weeks from today. After a copy of the award is furnished, it is open for the petitioner to avail the remedies as available under law. Subject to the above, the writ petition is disposed of. No order as to costs. In view of disposal of the writ petition, WPMP.No.50857 of 2012 also stands disposed of. ______________________ R.SUBHASH REDDY, J 28th December, 2012. tk/kvni

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Subject to the above, the writ petition is disposed of

Which statutory provisions did this judgment involve?

Andhra Pradesh Cooperative Societies Act, 1964.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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