THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.22032 of 2014 Between:
Dated 07th October, 2014 Bojja Narayna and others And …Petitioners The Government of Telangana, rep.by its Principal secretary, Fisheries Department, Secretariat Building, Saifabad, Hyderabad and others …Respondents Counsel for the petitioners: Sri V.Srikantha Rao Counsel for respondent Nos.1 & 2: AGP for Fisheries (TG) Counsel for respondent No.3: Smt.B.V.Aparna Lakshmi The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside proceedings, dated 30.03.2014, of respondent No.3, whereby it has removed the petitioners from its membership in purported exercise of bye-law 13(1) and Section 23(1) of the A.P.Cooperative Societies Act, 1964 (for short ‘the Act’).
At the hearing, the learned Assistant Government Pleader for Fisheries appearing for respondent Nos.1 and 2, and Smt.B.V.Aparna Lakshmi, learned counsel for respondent No.3, submitted that under Section 76 of the Act, the petitioners have a remedy of statutory appeal to the A.P.Cooperative Tribunal.
This submission of the learned counsel is well founded as the petitioners have a right of appeal under the said provision, if they feel aggrieved by their removal from the membership of the society. In this view of the matter, I do not find any reason to entertain this writ petition for adjudication on merits.
Accordingly, the writ petition is dismissed with liberty to the petitioners to avail the remedy of appeal.
As a sequel to dismissal of the writ petition, interim order, dated 12.09.2014, shall stand vacated and W.P.M.P.No.27640 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 07th October, 2014
VGB