HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.23408 of 2014 Date:17.10.2014 Between:
Attuluri Venkata Rao, S/o Late Mahankali . Petitioner And:
The State of A.P., reptd by its Principal Secretary, Co-Operation Department, Hyderabad and five others.
. Respondents Counsel for the Petitioner: Sri K.Chidambaram Counsel for Respondent Nos.1 to 4: AGP for Co-Operation (Andhra Pradesh) Counsel for Respondent No.5: Sri N.Jayasurya The Court made the following:
ORDER:
This Writ Petition is filed feeling aggrieved by the action of respondent No.4 in issuing Form-9 sale notice in respect of Ac.1.32 cents of land in R.S.No.334/2 of Kadiyadda Village, Tadepalligudem Mandal, West Godavari District belonging to the petitioner.
The plea on which the present Writ Petition is filed is that the petitioner is the registered owner of the above- mentioned property and that for the liability incurred by respondent No.6, who is his son, the petitioner’s property cannot be sold.
Sri N.Jayasurya, learned counsel for respondent No.5, submitted that the above-mentioned property has been under attachment and that the said attachment order has not been questioned by the petitioner at any point of time. He has further submitted that the petitioner has given undertaking on behalf of his son (respondent No.6) that at the time of the latter joining the service of respondent No.5, he stands as surety for all the liabilities that may be incurred by respondent No.6.
The questions whether by the alleged undertaking given by the petitioner a charge is created over the property in favour of respondent No.5 over the property belonging to the petitioner and whether the said property can be sold towards discharge of the liability of respondent No.6 need to be adjudicated by respondent No.5 under Rule-52(12) of the Andhra Pradesh Co- Operative Societies Rules, 1964.
In view of availability of this remedy, I am not inclined to entertain this Writ Petition for adjudication on merits.
Accordingly, the Writ Petition is disposed of by permitting the petitioner to avail the above-mentioned remedy before respondent No.5.
As a sequel to disposal of the Writ Petition, interim order, 14.08.2014, is vacated and W.P.M.P.No.29321 of 2014 and WVMP.No.2573 of 2014 are disposed of as infructuous.
17th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY