THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.29000 of 2014 Dated: 20.10.2014 Between:
Botta Appalaraju and others.
.. Petitioners and The District Co-operative Officer, Office of the District Cooperative Office, New Port Stadium, NH-5, Akkayyapalem, Visakhapatnam and others.
.. Respondents Counsel for the petitioners: Mr. B. Madhava Satyanarayana Counsel for respondent No.1: A.G.P. for Co-operation The court made the following:
ORDER:
This writ petition is filed for a Mandamus to direct respondent No.1 to consider the petitioners’ representation dated 08.09.2014 to prevent respondent No.3 from interfering with the activities of respondent No.2 society.
It is the case of the petitioners, who claim to be the members of respondent No.2 society, that due to anti-society activities, respondent No.3 was removed from the office of the President and that in spite of the same, he has been interfering with the affairs of respondent No.2 society. The petitioners have, therefore, claimed to have approached respondent No.1 for appropriate action against respondent No.3.
At the hearing, Mr. B. Madhava Satyanarayana, learned counsel for the petitioners, is unable to refer to and rely upon any statutory provision under which respondent No.1 has obligation to act on the petitioners’ representation. Unless respondent No.1 is vested with specific power to prevent respondent No.3 from interfering with the activities of respondent No.2, no Mandamus can be issued to respondent No.1 to consider the petitioners’ representation. If the petitioners feel aggrieved by the alleged undue interference of respondent No.3, they shall be free to workout their remedies within the framework of the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, and the Rules made thereunder and in the absence of any remedy available to them under the said statute, they are entitled to invoke common law remedy of a civil suit against respondent No.3.
Subject to the liberty given to the petitioners as above, the writ petition is dismissed.
As a sequel to the dismissal of the writ petition, W.P.M.P.No.36291 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 20th October, 2014 IBL