THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.24511 of 2014 Dated: 09.10.2014 Between:
I. Janaki Rama Rao .. Petitioner and The Telangana Co-operative Tribunal, Warangal, Rep. by Registrar and others.
.. Respondents Counsel for the Petitioner: Mr. A. Ravinder Reddy Counsel for respondent No.1: AGP for Cooperation (T.S.) Counsel for respondents 2,3&5: Mr. Srinivas Polavarapu The Court made the following:
ORDER:
This writ petition is filed with the grievance that respondent No.1 has not been disposing of I.A.No.9 of 2014 in C.T.A.SR.No.59 of 2014 filed by the petitioner.
I have heard the learned counsel for the parties and perused the record.
The petitioner obtained a loan of Rs.1,74,000/- for purchase of a tractor as far back as the year 1994 from respondent No.4 society and also a long term loan of about Rs.11,000/- in the year 1999. As the petitioner failed to repay the said loan amounts, respondent No.4 has approached respondent No.2 under Section 71 of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’). Respondent No.2, after due enquiry, has issued the certificate under Section 71 of the Act on 25.04.2011. The petitioner has not immediately questioned the said certificate before respondent No.1-Cooperative Tribunal. Respondent No.4 has filed an execution petition for sale of immovable property mortgaged by the petitioner. As no bidders were coming forward to purchase the property, the same was purchased by respondent No.4 itself. It is at this stage that the petitioner has filed an appeal before respondent No.1 with a delay of more than 1000 days in filing the same. Along with the appeal, he has filed a stay application. The limited grievance of the petitioner in this case is that the said stay application is not being disposed of.
In the above facts and circumstances of the case, respondent No.1 is directed to dispose of the application filed for condonation of delay and also the appeal, within three months from the date of receipt of this order.
Subject to the above direction, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, interim order dated 01.09.2014, as extended from time to time, is vacated and W.P.M.P.No.30707 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 9th October, 2014 IBL