HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.32403 of 2014 Date:29.10.2014 Between:
Panga Sathaiah, S/o Pedda Maraiah and two others.
And:
The Govt of Telangana, reptd., by its Principal Secretary, Animal Husbandry Department, Hyderabad and four others.
Counsel for the Petitioners: Sri K.Lakshman . Petitioners . Respondents Counsel for Respondent Nos.1 to 3: AGP for Animal Husbandry (Telangana State) The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside notice No.1104/D/2014, dated 22.01.2014, issued by respondent No.2 cancelling the meeting scheduled on 07.11.2014 convened for the purpose of moving No Confidence Motion against respondent No.4.
Under Section 76 of the A.P. Co-Operative Societies Act, 1964 (for short ‘the Act’), any person or society aggrieved by any decision taken or order made, inter alia, under Section 34-A of the Act is entitled to file an appeal before the Co-Operative Tribunal.
As the impugned notice, whereby the earlier notice of moving No Confidence Motion was withdrawn, constitutes an order passed under Section 34-A of the Act, the same is amenable to the appellate jurisdiction of the Tribunal under Section 76 of the Act. Therefore, without adjudicating on the merits of the case, the petitioners are relegated to the remedy of appeal.
The Writ Petition is, accordingly, dismissed with liberty to the petitioners to avail the remedy of appeal.
As a sequel to dismissal of the Writ Petition, interim order, W.P.M.P.No.40502 of 2014 filed by the petitioners for interim relief is dismissed as infructuous.
JUSTICE C.V.NAGARJUNA REDDY
29th October, 2014 DR