HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4488 of 2007 DATED 10TH OCTOBER, 2014.
BETWEEN Kappala Yadagiri ….Petitioner And The Superintendent Prohibition & Excise, Guntur Guntur District and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 4488 OF 2007
ORDER:
Heard the learned Counsel for the petitioner.
The petitioner states that he is a member of the fourth respondent-Society, having joined the said society along with others by paying membership fee on 03.03.1999. The petitioner is paying the fee regularly and continuing as member of the fourth respondent as such. In the year 2006, he paid the rentals on 31.01.2006 and was permitted to draw the toddy and sell the same. The fourth respondent-Society earlier filed Writ Petition No. 27391 of 2006 alleging that respondents 4 to 12 therein are not its members and the same was brought to the notice of the respondents 1 to 3 therein through representation dated 22.02.2006 and despite the same, respondents 1 to 3 did not take any action. The said Writ petition was dismissed at the admission stage with a direction to the respondents to consider and dispose of the representation dated 22.03.2006 within a period of eight weeks by giving an opportunity to the petitioner therein ( fourth respondent herein) and others. The petitioner states that without disposing of the representation dated 22.03.2006, the third respondent herein issued notice on 19.2.2007 stating that the petitioner and 8 others were removed from the membership of the fourth respondent-Society on 15.10.2006 as per the records of the Society and therefore they were not permitted to draw the toddy and sell the same from 19.02.2007 onwards. Pursuant to the order of this Court in Writ Petition No.27391 of 2006, dated 02.01.2007, this Court by order dated 12.03.2007 granted interim relief directing the respondents to permit the petitioner to draw the toddy and sell the same within the limits of the fourth respondent-Society pending disposal of the Writ petition. The said order is in force as on today.
Though no counter affidavit is filed by respondents 1 to 3, however the fourth respondent filed Counter affidavit stating that pursuant to the order of this Court in Writ Petition No. 27391 of 2006, an enquiry was conducted on 19.02.2007 and thereafter issued the impugned notice. It is to be seen that the fourth respondent did not file any evidence to show that an enquiry was conducted pursuant to the order of this Court in Writ Petition No. 27391 of 2006, dated 12.03.2007 except filing a copy of the resolution of the Society dated 20.04.2000. In the circumstances it cannot be said that the petitioner was removed from the fourth respondent-Society pursuant to the enquiry conducted by respondents 1 to 3. If the fourth respondent wants to remove the petitioner from its membership, the same shall be strictly in accordance with the provisions of the A.P. Cooperative Societies Act and rules made thereunder. In view of absence of any evidence of taking action against the petitioner in accordance with law, giving liberty to the fourth respondent if so chooses to take action by following the due procedure established under law, the Writ Petition is allowed setting aside the notice dated 19.02.2007 passed by the third respondent.
The Writ Petition is allowed. Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 10th October, 2014. Msnro