Andhra Pradesh High Court - Amravati
Kolla Veeravenkata Satyanarayana ... vs The State Of Andhra Pradesh, Rep. By Its ... on 29 August, 2024
APHC010580452016
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY NINETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 20645/2016
Between
Kolla Veeravenkata Satyanarayana Murthy ...PETITIONER
AND
The State of Andhra Pradesh rep by its Principle ...RESPONDENT(S)
Secretary and others
Counsel for the Petitioner:
1. K L N SWAMY
Counsel for the Respondent(S):
1. GP FOR COOPERATION (AP)
2. KAMLA SEELAM B
3. CHANDRA SEKHAR ILAPAKURTI
The Court made the following:
The Court made the following order:-
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...to issue order or orders, direction or directions, writ or writs
particularly one in the Writ of Mandamas and declare the action of
the respondents in attaching and continuing attachment against
the petitioner's properties basing on the amounts due by his
brother under the surcharge proceedings is illegal, arbitrary and
against the provision of Co-operative Societies Act and Violative of
Articles 14, 19(i)(g), 21 and 300-A of the Constitution of India and
consequently declare that properties of the petitioner are free from
attachment in pursuance of sureties, proceedings passed by 2 nd
respondent in Rc.No.1014/2004-B-III, dated 13.10.2006..."
2. BRIEF FACTS OF THE CASE:
The petitioner herein is a brother of the 5th respondent by name
Kalla Suryanarayana, who is an ex-president of the 3rd respondent-
Society i.e., The B.Savaram Primary Agricultural Co-operative Society
Limited, B.Savaram, Razole Mandal. A statutory inquiry was
conducted against the 5th respondent by the Deputy Registrar of the
Cooperative Societies and submitted a report in RC.No.1014/2004-
B/III, dated 13.10.2006 and found that the 5th respondent has
committed some financial irregularities and recommended for
recovery. Accordingly surcharge proceedings were initiated against the
secretary of the society and 5th respondent by fixing joint liability with
interest at 18% per annum for the irregularities committed.
Aggrieved by the said surcharge proceedings, the 5th
respondent herein filed O.A.No.4 of 2007 before the Cooperative
Tribunal, Visakhapatnam and the said O.A. was allowed by its order,
dated 14.08.2008 exonerating the liability against the 5th respondent
(who is brother of writ petitioner herein) and set aside the impugned
surcharge order, dated 13.10.2006. Assailing the said order, the 3rd
respondent herein filed W.P.No.4699 of 2013 before this Court and the
said writ petition was dismissed on the ground of latches.
The claim of the petitioner is that his properties were attached
because the 5th respondent wrongfully misappropriated society funds,
which attachment is against to law and also further agitated that
attached properties does not belong to joint family properties or
purchased by misappropriated funds and no surcharge proceedings
were initiated against the petitioner and the surcharge proceedings
that initiated against his brother and the petitioner cannot be made
liable and further argued that the petitioner's brother filed O.A.No.4 of
2007 on the file of the A.P.Co-operative Tribunal, Visakhapatnam and
the said O.A. was allowed and his brother was exonerated from the
surcharge proceedings continuing attachment is untenable and
unsustainable therefore implored to allow the writ petition by setting
aside the attachment order.
3. Learned counsel for the petitioner further agitated that against
the order/judgment in O.A.No.4 of 2017 on the file of the A.P.Co-
operative Tribunal, Visakhapatnam, the society filed W.P.No.4699 of
2013 before this Hon'ble Court and this Hon'ble Court has dismissed
the writ petition on the ground of latches by an order, dated
20.08.2024 and as on today no surcharge proceedings are pending
against the 5th respondent, who is the brother of the petitioner, any
attachment against the property of the petitioner would in violation of
A.P.Co-operative Societies Act, 1964.
4. On perusal of the record and basing upon the arguments, this
Court of the view that the attachment cannot be continued as the
appeal filed by the petitioner's brother, under Section 76 of the A.P.Co-
operative Societies Act, was allowed and the surcharge proceedings
initiated against the 5th respondent was annulled. And W.P.No.4699 of
2013 filed by the society was dismissed by this Court vide order, dated
20.08.2024, as no surcharge proceedings pending against the 5th
respondent, continuing the attachment against the petitioner's
properties is unsustainable and untenable.
5. Therefore, the Writ Petition is allowed declaring that the
properties of the petitioner are free from attachment made by the
respondents in pursuance of the surcharge proceedings in
Rc.No.1014/2004-B-III, dated 13.10.2006 issued by the Deputy
Registrar of Co-operative Societies, Amalapuram. There shall be no
order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any,
shall stand closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date : 29.08.2024
SPP
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION NO. 20645 of 2016
Date : 29.08.2024
SPP
