THE HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20171 OF 2007 Dated 1st August, 2014 Between :
The Krishna District Milk Producers Mutually Aided Co.op Union Ltd.
… Petitioner a n d The State of Andhra Pradesh & another … Respondents THE HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.20171 OF 2007 ORDER:
Heard the learned counsel for the petitioner and the learned Standing Counsel for the second respondent.
Petitioner is a Co-operative Society doing business in milk and milk products with the brand name ‘Vijaya’. The area of operation of the petitioner is restricted to Krishna District. If the petitioner wants to sell its products outside the area of its operation, it has to sell the products through the second respondent. As such, it was doing business outside the area of its production through the second respondent and in the course of such activity, the second respondent owed several lakhs of rupees to the petitioner under different heads. When several representations to respondents 1 and 2 did not yield any result, present writ petition was filed.
In view of the disposal of the present writ petition in the manner indicated below, it is not necessary for this Court to advert to the various contentions raised by the petitioners in the writ petition.
The second respondent filed a counter affidavit stating that the present writ petition is not maintainable as it is filed to recover the amounts. However, in order to reconcile several other disputes and to arrive at a correct figure of the dues payable to the petitioner, a meeting has to be held and it has to be resolved in such meeting only. The second respondent also submits that several contentious and factual issues are involved in the present writ petition, which cannot be decided in proceedings under Article 226 of Constitution of India.
In the circumstances, this writ petition is disposed of giving liberty to the petitioner to prepare a claim statement indicating the heads under which it is claiming such amounts and submit the same to the second respondent within a period of three months from the date of receipt of a copy of this order and the second respondent shall consider the same and if it does not accept the statement furnished by the petitioner, it may prepare a counter claim in respect of the due amounts within a period of three months thereafter and if there is no agreement with regard to amounts payable, the aggrieved party can approach the competent Court/Forum for redressal of its grievances. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
A.RAMALINGESWARA RAO, J 1st August, 2014. sur