THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.23741 of 2008 Between:
G.V.V.V. Vara Prasad PETITIONER AND
1. Government of A.P., rep. by its Principal Secretary, Cooperative Department, Secretariat Buildings, Hyderabad, and others.
RESPONDENTS ORDER:
This writ petition, under Article 226 of the Constitution, is filed seeking the following relief.
“….to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in insisting the petitioner herein to pay a sum of Rs.3,85,903/- as being illegal, arbitrary, biased and unjust and consequently direct the 3rd respondent herein to pay a sum of Rs.47,788/- to the petitioner herein.”
2. Heard Sri Gade Venkateswara Rao, learned counsel appearing for the petitioner, Learned Government Pleader for Cooperation on behalf of respondent No.1 and Smt. Bobba Vijaya Lakshmi, learned Standing Counsel on behalf of respondents 2 and 3, and perused the material available on record.
3. Even though this matter is listed under interlocutory caption on filing of vacate application by the respondent No.3, at the request of the learned counsel for the petitioner as well as the respondents, this matter is heard finally and is being disposed of by this order.
4. According to the petitioner herein, he is a member of the 3rd respondent primary agricultural Cooperative Society. He availed loans from the society under various heads with various rates of interest for the purpose of agriculture. Earlier, the petitioner herein filed W.P.No.20781 of 2007 before this Court and this Court by way of an order dated 15.11.2007 disposed of the said writ petition. The operative portion of the said order reads as under.
“In as much as Recovery Certificates are obtained by the respondents, the petitioner can challenge the validity of the said certificates, but no directions can be given as prayed for.
However, as it is submitted that the petitioner is being harassed and demands are made without any notice, the respondents are directed to take steps for recovery of the amounts covered by the Certificates strictly in accordance with the provisions of the A.P. Cooperative Societies Act, 1964 and the rules made thereunder.”
5. In the counter affidavit filed on behalf of the respondent- society, it is stated that the 3rd respondent obtained certificates under Section 71 of the A.P. Cooperative Societies Act, 1964 (hereinafter referred to ‘the Act’). It is also stated that the petitioner herein is not a small farmer nor entitled to any benefits under the Debt Relief Act. It is further stated that in spite of giving One Time Settlement option to the petitioner herein, which was extended till 31.05.2008, he did not avail the same.
6. It is to be noted at this juncture that this Court while disposing of W.P.No.20781 of 2007 observed that the petitioner herein can challenge the validity of the certificates issued in favour of the 3rd respondent. Admittedly, the certificates issued under Section 71 of the Act have not been questioned by the petitioner herein before the appropriate forum i.e., under Section 76 of the Act before the Tribunal. So long as the said certificates are holding the field, the petitioner herein cannot raise any objection nor can restrain the respondents herein from realising the amount.
7. In view of the above reasons, this court does not find any reason to grant any relief in this writ petition. This court also finds there are absolutely no merits in the writ petition. For the aforesaid reasons, the writ petition is dismissed. No order as to costs.
JUSTICE A.V. SESHA SAI.
17th April, 2014 Js.