Nimmala Manikyala Rao v. Cooperative Officer, Eluru, West Godavari District
Case at a glance
- Bench
- C V RAMULU
Outcome
Withdrawn
Accordingly, the Writ Petition is dismissed as withdrawn
Provisions considered
- Constitution of India art. 226
- APCS Act, 1964 s. 60(1)
- Andhra Pradesh Cooperative Societies Act, 1964 s. 60(1)
Judgment
Cause title
Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in passing surcharge orders in Rc.No. 1071/2006-C, under Sec. 60(1) of the APCS Act, 1964 is arbitrary, illegal, contrary to law, opposed to the canons of natural justice and due to total non-application of mind and liable to be set aside. Counsel for the Petitioner:MR.Y.V.RAVI PRASAD Counsel for Respondent Nos.1 to 3: GP FOR COOPERATION The Court made the following :
ORDER:
Operative part
This writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the first respondent in passing surcharge orders in Rc.No.1071/2006-C under Section 60(1) of the Andhra Pradesh Cooperative Societies Act, 1964 (For short, the Act), as illegal and arbitrary. Heard both sides. There is no necessity of going into all the details. As against the order passed under Section 60(1) of the Act, the petitioner has an effective alternative remedy of appeal before the Cooperative Tribunal under the Act. Instead of availing such remedy, the petitioner has straightaway filed the present writ petition. There are no extraordinary grounds for entertaining this writ petition. However, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. Accordingly, the Writ Petition is dismissed as withdrawn giving liberty to the petitioner to file a regular statutory appeal before the Cooperative Tribunal within a period of two weeks from the date of receipt of a copy of this order. On filing such appeal, the Tribunal shall not raise any objection as to limitation. Date:20.01.2009 _____________ C.V.RAMULU, J Note: CC by one week (Bo)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the Writ Petition is dismissed as withdrawn
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; APCS Act, 1964 — s. 60(1); Andhra Pradesh Cooperative Societies Act, 1964 — s. 60(1).
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.