The Annapurna Consumers ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3956 AP

         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

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

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