✦ Andhra Pradesh High Court · 14 Jul 2009

Nagula Narayan Goud v. The District Collector, Adilabad District, Adilabad & Ors.

Writ Petition No. 11022 of 2009C V NAGARJUNA REDDY3 min read

Case at a glance

Decided
14 Jul 2009
Bench
C V NAGARJUNA REDDY

Outcome

Disposed of

writ petition is disposed of by permitting the petitioners to file appeal

Provisions considered

Judgment

Cause title

Counsel for the petitioners :

Sri M. Janardhana Rao Counsel for respondents 1-3: AGP for Prohibition & Excise Counsel for respondent No.4: Sri P. Sriharsha Reddy This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No. 11022 of 2009

ORDER:-

At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. The petitioners belong to tappers community. They had been making efforts to become the members of respondent No.4 society. As their efforts did not fructify, they approached respondent No.3 for redressal of their grievance. Respondent No.3 issued proceedings in Rc.No.486/2008, Coopn., dated 16.03.2009, wherein he stated that the petitioners are eligible for membership in respondent No.4 society under Section 19(2A) of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act’) and he directed the President of respondent No.4 society to inform whether the petitioners were ineligible and also to submit a resolution copy within a week. As this direction is not complied with by respondent No.4, the petitioners filed the present writ petition. Respondent No.4 filed a counter-affidavit, wherein it is inter alia stated that while petitioner Nos.1 and 2 are the residents of Yellapur Village, Khanapur Mandal and members of Yellapur society, petitioner No.3 is a resident of Badankurthy Village, Khanapur Mandal and member of Badankurthy society. It is further stated that as they are already the members of the said societies and not the residents of Nirmal village, their applications were rejected by resolution dated

Operative part

20.03.2009. At the hearing, Sri M. Janardhana Rao, learned counsel for the petitioners, submitted that though the petitioners were the members of the previous societies, they were expelled from their respective societies in 2008 and 2009 and therefore the reasons assigned by respondent No.4 in the resolution cannot be sustained in law. He further submitted that respondent No.4 has not even served copies of the resolution to the petitioners. In the view I am proposing to take, it is not necessary to delve into the respective submissions of the learned counsel on merits. Under Section 76 of the Act, the petitioners have a remedy of filing an appeal against the resolution passed by respondent No.4 under Section 19 of the Act. In my considered view, it will be more convenient for the Cooperative Tribunal (for short, ‘the Tribunal’) to go into the various disputed aspects and render findings thereon. Therefore, without expressing any view on the merits of the case, the writ petition is disposed of by permitting the petitioners to file appeal under Section 76 of the Act before the Tribunal, within a period of one month from today. If such appeal is filed, the Tribunal shall entertain and dispose of the same on merits, without insisting on filing of the certified copies of the resolution. As a sequel to disposal of the writ petition, WVMP.No.1955 of 2009 is disposed of as infructuous. Date: 14.07.2009 _____________________________ C.V. NAGARJUNA REDDY, J ES

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: writ petition is disposed of by permitting the petitioners to file appeal

Which statutory provisions did this judgment involve?

Andhra Pradesh Cooperative Societies Act, 1964 — s. 19(2A).

Which court decided this case, and when?

Andhra Pradesh High Court, on 14 Jul 2009. The bench was C V NAGARJUNA REDDY.

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?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Andhra Pradesh High Court or eCourts case status (search case no. Writ Petition No. 11022 of 2009). ← Search more judgments