HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.26165 of 2014 Date : 16-10-2014 Between:
Prathipati Vishnu Murthy and another .. Petitioners And The State of Andhra Pradesh, Represented by its Principal Secretary, Co-operative Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioners : Sri Mangena Sree Rama Rao Counsel for respondent No.1 : Assistant Government Pleader for Co-operation Counsel for respondent Nos.2 & 3 : Smt. Bobba Vijaya Lakshmi The Court made the following :
ORDER:
At the Interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of learned Counsel for both parties.
This Writ Petition is filed for a mandamus to declare the action of the respondent No.2 in issuing notices dated 8-8-2014 in C.B.C.E.P.No.422, 423 of 2011-12 and C.B.C.E.P.No.424, 425 of 2011-12 whereby the petitioners’ properties are notified for sale, as illegal and contrary to the provisions of the A.P. Co-operative Societies Act, 1964 and the Rules framed thereunder.
For disposal of this Writ Petition, detailed facts need not be recorded. It would suffice to observe that questioning identical sale notices issued on 17-9-2011, the petitioners have filed W.P.No.28640 of 2011. This Court, by order dated 21-10-2011 in WPMP No.35383 of 2011 filed in the said Writ Petition granted interim stay subject to the petitioners depositing a sum of Rs.1 lakh within one week and a further sum of Rs.1 lakh within three weeks thereafter and in default the interim order shall stand vacated. In the counter-affidavit filed by the Chief Executive Officer of respondent No.4, he has pleaded that the petitioners paid Rs.1 lakh on 2-11-2011, but failed to pay another sum of Rs.1 lakh as directed by this Court and that the petitioners have suppressed the fact of their filing the said Writ Petition, grant of conditional interim order and the default in compliance thereof in part. In his affidavit filed in support of WPMP No.38567 of 2014, filed seeking extension of time for complying with the conditional order granted in this Writ Petition, petitioner No.1 candidly admitted their filing W.P.No.28640 of 2011 but tried to justify non-mentioning of the same in the present Writ Petition by pleading that he forgot about the filing of the said Writ Petition.
In my opinion, the petitioners cannot be permitted to file a second Writ Petition for an identical relief without disclosing that they have filed a Writ Petition earlier. This Court cannot accept the plea of the petitioner No.1 that he has forgotten the factum of filing the earlier Writ Petition. Therefore, I have no reason to doubt that the petitioners have deliberately suppressed the fact of their filing the earlier Writ Petition and thereby indulged in abuse of process of law. The petitioners have compounded their misconduct by failing to comply with the conditional interim order passed in this Writ Petition also. For the above mentioned reasons, the Writ Petition is dismissed.
As a sequel to the dismissal of the Writ Petition, interim order dated 5- 9-2014 is vacated and WPMP Nos.32712 and 38567 of 2014 and WVMP No.2717 of 2014 are disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 16-10-2014 AM