Writ Petition No. 9915 of 2009 · Andhra Pradesh High Court

Heard the learned counsel for the petitioner, the learned Government Pleader for Cooperation appearing for respondent No.1 and Mr. K. Chidambaram, learned counsel appearing for respondent No.2. It is the case of the petitioner, Ex-Salesman of the 2nd respondent Society, that, in an enquiry conducted into the affairs of the 2nd respondent Society, under Section 52 of the A.P. Cooperative Societies Act, 1964, he was found responsible for misappropriation of funds of the Society, and was ultimately made liable to pay Rs.9,95,884/- with subsequent interest from 16.4.2005 till the date of realization, vide award dated 30.04.2008 passed in Arbitration Petition No.1/2005-2006 by the 1st respondent- Deputy Registrar of Cooperative Societies, Eluru, and, questioning the said award, he filed an appeal in O.A.No.32 of 2008 before the A.P. Cooperative Tribunal, Vijayawada, and the same is pending. It is his further case that, pending the said appeal, the 1st respondent sold his property, by way of auction, for realization of the amount under the award questioned by him in the appeal, and also confirmed the said sale in favour of the 3rd respondent, by order dated 06.02.2009, without considering filed by him on 04.01.2009, and, therefore, challenging the said action of the 1st respondent, he filed an application in M.A.No.2 of 2009 in the appeal the objections pending before the Tribunal.

It is the grievance of the petitioner that so far no orders are passed on the said application and, on the other hand, the 1st respondent is taking steps to register the property sold in the auction, in the name of the 3rd respondent, and if such registration is effected, the very purpose of filing his appeal would be defeated. While issuing notice before admission on 06.05.2009, this Court directed respondents 1 and 2 not to register the agricultural land admeasuring Ac.8.00 in Sy.No.162 of Dubacherla Village, Nallajerla Mandal, West Godavari District, stated to have been sold in the auction conducted by the 1st respondent, in favour of the 3rd respondent, for a period of four weeks, and the said interim order is being extended from time to time. Along with an application seeking to vacate the aforesaid interim order, a counter-affidavit has been filed on behalf of the 2nd respondent denying the allegations made by the petitioner and supporting the sale in question.

In the facts and circumstances of the case, since the appeal filed by the petitioner, questioning his liability under the award dated 30.04.2008 passed by the 1st respondent, is pending before the A.P. Cooperative Tribunal, Vijayawada, and if the petitioner succeeds in the the entire sale proceedings would be set aside said appeal, automatically, without going into the merits, I deem it appropriate to direct the petitioner to move the Tribunal by way of appropriate application for expeditious disposal of the appeal filed by him. However, the interim order passed by this Court on 06.05.2009, referred to above, shall be continued till the disposal of the appeal. The writ petition is accordingly disposed of. No order as to costs. 17th July, 2009 IBL __________________ JUSTICE N.V. RAMANA