Writ Petition No. 40062 of 2012 · Andhra Pradesh High Court
Case at a glance
- Bench
- R SUBHASH REDDY
Outcome
Disposed of
Subject to the above, the writ petition is disposed of
Provisions considered
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.