IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No. 633 of 2021
(Taken up through video conferencing)
The Annapurna Consumers Cooperative Stores Ltd.,
Narasaraopet, rep. by its President,
Malapati Venkaiah,
R/o.D.No.12-53, near Saint Ann's Colony,
Prakashnagar, Narasaraopet, Guntur District. .....Appellant
Versus
The State of Andhra Pradesh,
Department of Co-Operation,
rep.by its Principal Secretary and others. .... Respondents
Counsel for the appellant : Mr. Y. Subrahmanyam Counsel for respondent Nos.1 to 3 : Ms. Nischala Reddy, Government Pleader Counsel for respondent Nos.4 and 5 : ----
ORAL JUDGMENT Dt.06.10.2021 (Per Arup Kumar Goswami, CJ) Heard Mr. Y. Subrahmanyam, learned counsel for the appellant. Also heard Ms. Nischala Reddy, learned Government Pleader for Co-Operation appearing for respondent Nos.1 to 3.
2. The writ appeal is directed against an order dated 03.08.2021 passed by the learned Single Judge in W.P.No.15454 of 2021. The learned Single Judge by the order impugned, did not entertain the writ petition and accordingly, dismissed the same.
3. The membership of the appellant was removed from the 4th respondent- Society by means of a resolution dated 30.09.2020 and the same was 2 challenged by way of filing W.P.No.15454 of 2021. The petitioner had already filed O.A.No.1 of 2021 in this regard under Section 76 of the A.P. Cooperative Societies Act, 1964, and the same is pending. The petitioner had also approached this Court earlier by filing W.P.No.5980 of 2021, questioning the very same resolution which was dismissed on the ground that he has remedy in accordance with law. In the said circumstances, the learned Single Judge did not entertain the writ petition and dismissed the same.
4. The learned counsel for the appellant submits that a direction may be given to the A.P. Cooperative Tribunal, Vijayawada, to consider the O.A.No.1 of 2021 filed by the appellant. The aforesaid prayer was also made before the learned Single Judge and the learned Single Judge opined that the very same prayer can be made before the A.P. Cooperative Tribunal and no direction was necessary for the aforesaid purpose. We see no good ground to take a different view and the petitioner, if so advised, may make such a request before the Tribunal.
5. Accordingly, the writ appeal is dismissed. No costs. Pending miscellaneous applications, if any, shall stand dismissed. ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J BLV 3 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE NINALA JAYASURYA WRIT APPEAL No.633 of 2021 6th day of October, 2021 BLV