THE HON'BLE SRI JUSTICE A.V. SESHA SAI W.P.No.1893 of 2006 Between:
1. G. Raghavachari and others PETITIONERS AND
1. The District Collector, Mahaboobnagar, Mahaboobnagar District, and others.
RESPONDENTS ORDER:
This writ petition, filed under Article 226 of the constitution of India, challenges the proceedings of the District collector, Mahaboobnagar, the 1st respondent herein, vide proceedings Rc.No.5200/95-H, dated 12.08.2005.
2. Heard Sri K. Ravinder Reddy, learned counsel for the petitioners and the learned Government Pleader for Cooperation, apart from perusing the material available on record.
3. By virtue of the said order, the District collector ordered transfer of the land and building, admeasuring about 985 sq. yards belonging to Taluq Agriculturists Cooperative Association, Wanaparthy, to the Education Department for construction of Government Junior college, Urdu Medium. The principle grievance of the petitioner in the present writ petition is that the property belongs to the members of the petitioners-Association, who are agriculturists and who are eking out their livelihood on agriculture and that the 1st respondent instead of reviving the society by advancing appropriate amounts, unjustly issued the impugned orders, transferring the property to Education Department. It is further contended in the writ affidavit that if the Government intends to construct Junior College, there are a number of Government lands in Wanaparthy town and the same can be acquired by the Government. Eventually it is contended that the action of the 1st respondent is highly illegal, arbitrary and unjust.
4. This Court on 10.07.2006 in W.P.M.P.No.2287 of 2006 granted interim stay as prayed for. Responding to the Rule Nisi issued by this Court, a counter affidavit is filed on behalf of the 4th respondent-
Liquidator, stating that the 4th respondent was appointed as liquidator by the Divisional Cooperative Officer, Wanaparthy, vide proceedings Rc.No.5200/95-H, dated 14.08.2006 for Taluq Agriculturists Cooperative Association under Section 64 of the A.P. Cooperative Societies Act, 1964 and the liquidation proceedings are still pending. It is further stated that there are no liabilities for the society and the only asset is the land of an extent of 985 sq. yards. It is further stated that the building was in occupation of the Association up to 1960 and the registration of the Association was cancelled on 21.11.1960. The counter also refers to the provisions of Section 64 of the A.P. Cooperative Societies Act and also refers to the proviso to the said Section, which stipulates that where no such Society is registered within a period of 3 years of the cancellation of the Society, whose surplus is vested in the Registrar, the Registrar may distribute the surplus to the Federal Society with similar objects or A.P. State Cooperative Union or any charitable purpose as defined under the Charitable Endowment Act. In the counter, the 4th respondent further submits that he is ready to handover the building to any society, which may be registered in future with similar objects as that of TACA, which is under liquidation.
5. On noticing the said averments in the counter filed by the 4th respondent, the learned counsel for the petitioners submits that the petitioners may be permitted to make necessary applications to the concerned authorities for formation of a Society. This Court considers the said request as reasonable one.
6. For the aforesaid reasons, without expressing any opinion on the legality or otherwise of the impugned order, this writ petition is disposed of, permitting the petitioners to make an application to the authorities concerned for formation of a society, if they are so advised, within a period of two months from the date of receipt of a copy of this order. Interim order granted on 10.07.2006 shall continue for a period of three months. No order as to costs. As a sequel, W.V.M.P. stands dismissed.
JUSTICE A.V. SESHA SAI.
22nd August, 2014 Js.
Note: C.C. in one week