Sri Pabineedi Satyanarayana. vs The State Of Andhra. Pradesh,
2021 Latest Caselaw 1749 AP

     IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                  &
            HON'BLE MR. JUSTICE C. PRAVEEN KUMAR

                    WRIT APPEAL No.413 of 2020

                  (Taken up through video conferencing)

Sri Pabineedi Satyanarayana
S/o. Paparao, aged about 70 years,
Occ: Agriculturist, Ex-President and Member,
PACS, Penuguduru, r/o.Gurujanapalli(v),
Kakinada Rural, East Godavari Disstrict,
Andhra Pradesh.                                ..   Appellant
                                Versus

The State of Andhra Pradesh,
Rep.by its Principal Secretary,
Agriculture and Co-operative Department,
Secretariat, Velagapudi,
Guntur District, Andhra Pradesh
and 3 others.                                  ..   Respondents

Counsel for the Appellant : Mr.Srinivas Basava

Counsel for Respondents No.1 to 3 : Mr.A.Jagannadha Rao GP for Cooperation

Counsel for Respondent No.4 : Mr.C.Subodh

ORAL JUDGMENT Date: 25.03.2021

(per Arup Kumar Goswami, CJ)

Heard Mr.Srinivas Basava, learned counsel appearing for

the petitioner. Also heard Mr.A.Jagannadha Rao, learned Government

Pleader for Cooperation appearing for respondents No.1 to 3 and

Mr.C.Subodh, learned counsel appearing for respondent No.4.

2) This Writ Appeal is presented against the order dated

20.02.2020 passed by the learned single Judge in W.P.No.19067 of

2019, dismissing the writ petition filed by the writ petitioner. It is

submitted by Mr. Srinivas Basava that the contention advanced by

the appellant in relation to the enquiry conducted was in reference to

Section 52 of the Cooperative Societies Act, 1964 (for short 'the

Act'), but the learned single Judge did not advert to the scope of

Section 52 of the Act and dismissed the writ petition relying

on Section 51 of the Act.

3) Perusal of the report dated 18.07.2019 goes to show that

reference was made to order of District Cooperative Officer vide

RC.No.604/2018-A dated 28.05.2018. By the aforesaid order dated

28.05.2018, the District Cooperative Officer, Kakinada had exercised

powers conferred on him by the provisions of Section 52 of the A.P.

Cooperative Societies Act, 1964 read with G.O.Ms.No.34, Food &

Agricultural (Coop.IV) Department, dated 16.01.1989 and

G.O.Ms.No.19, Agricultural & Cooperation (Coop.IV) Department,

dated 01.02.1995, and ordered an Inspection under section 52 of the

Act, 1964, into the affairs of Penuguduru PACS Ltd., Penuguduru with

special reference to the financial and administrative irregularities,

etc., and authorized Sri P.Durga Prasad, Assistant Registrar No.2,

Sub-Division, Kakinada to conduct the said Inspection under Section

52 of the Act.

4) However, the learned single Judge did not consider

Section 52 of the Act, but proceeded to dismiss the petition after

discussing provision as contained in Section 51 of the Act.

5) In that view of the matter, we are of the considered

opinion that the impugned order cannot be sustained and therefore,

without expressing any opinion on the merits of the case, the order is

set aside and the case is remanded back to the learned single Judge

for fresh disposal.

6) Accordingly, the writ appeal is allowed. No costs.

Pending miscellaneous applications, if any, shall stand

closed.

ARUP KUMAR GOSWAMI, CJ                           C. PRAVEEN KUMAR, J

                                                                       GM