HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1076 of 2005
Date: September 01, 2014
Between:
1. G. Rama Rao & another.
… Petitioners and
1. The Government of Andhra Pradesh, rep. by its Registrar of Cooperative Societies, Hyderabad & 3 others.
… Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1076 of 2005
O R D E R:
This writ petition was filed assailing the action of one B. Vasudeva Rao, Sub-Divisional Cooperative Officer, Mummidivaram, East Godavari District, the 4th respondent, in proceeding with the enquiry initiated under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964, on the ground that he had ceased to be an enquiry officer. A further direction was sought to the Government of Andhra Pradesh to order for fresh enquiry into the affairs of Yenugupalli Primary Agricultural Cooperative Society, Yenugupalli.
2. This Court, while ordering notice before admission on 15.02.2005, restrained the respondents from acting upon the enquiry report of the 4th respondent.
3. The writ petition was dismissed as against the 4th respondent pursuant to the order dated 29.12.2010 passed by this Court. Thus, as matters stand, the 4th respondent is not a party to this litigation.
4. That apart, the counter-affidavit filed by the District Cooperative Officer, East Godavari District, in March 2005 reflects that the enquiry was completed by the 4th respondent on 12.09.2004 and civil and criminal action was already initiated on the basis thereof. No reply was filed rebutting the counter-affidavit averments.
5. Thus, by the time the interim order was passed by this Court on 15.02.2005, the enquiry report submitted by the 4th respondent seems to have been acted upon.
6. This Court therefore cannot adjudicate this matter in the absence of the 4th respondent and in the backdrop of the above facts.
7. The writ petition is accordingly dismissed leaving it open to the petitioners to raise the issue of validity of the enquiry in the event any action is proposed against them on the basis thereof. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No order as to costs.
SANJAY KUMAR, J.
Date: September 01, 2014. BSB HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.1076 of 2005
Date: September 01, 2014
BSB