THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40270 of 2014 Between:
S.Sudhakar Reddy and
DATE: 29.12.2014
…Petitioner Primary Agricultural Cooperative Society Limited and others …Respondents COUNSEL FOR THE PETITIONER : SRI NANDIGAM KRISHNA RAO COUNSEL FOR RESPONDENTS 1,3 to5: SRI T.NAGARJUNA REDDY COUNSEL FOR RESPONDENT No.2 : SRI N.JAYASURYA COUNSEL FOR RESPONDENT No.6 : AGP FOR COOPERATION (AP) THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40270 of 2014
ORDER:
This writ petition is filed for the following substantive relief:
“For the reasons stated in the accompanying affidavit, the petitioners pray that the Hon’ble Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus:
i) to declare the proceedings issued by the third respondent dated 20.12.2014 in Rc.No.1843/2014-C2 duly served on the petitioner on 24.12.2014 disqualifying him from holding the office of the President of the Managing Committee of the first respondent society as illegal, arbitrary, unjust apart from violative of principles of natural justice and without jurisdiction and against the power vested in him; and
ii) to consequently set aside the same;”
After arguing the case, Sri Nandigam Krishna Rao, learned counsel for the petitioner requested for permission of the Court to withdraw the Writ Petition with liberty to his client to avail the remedy of appeal under Section 76 of the Andhra Pradesh Cooperative Societies Act, 1964. He has further requested that a direction may be issued to the Andhra Pradesh Cooperative Tribunal to pass appropriate order on the stay application that may be filed by the petitioner, expeditiously.
The request of the learned counsel is accepted and the Writ Petition is dismissed as withdrawn without adjudicating on the legality or otherwise of the order impugned in this Writ Petition, with liberty to the petitioner to file an appeal. If an application for stay in such appeal is filed by the petitioner, the Cooperative Tribunal shall pass an appropriate order as expeditiously as possible.
As a sequel to dismissal of main petition, WPMP.No.50510 of 2014 filed by the petitioner for interim relief is disposed of.
C.V.NAGARJUNA REDDY, J 29th DECEMBER, 2014.
kvni