Boda Srinivas vs The State Of Telangana And 5 Others
2022 Latest Caselaw 3911 Tel

      THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                      AND
          THE HON'BLE MRS JUSTICE SUREPALLI NANDA


                           I.A.No.1 of 2021
                                   in/and
                WRIT APPEAL No.379 of 2021

JUDGMENT:    (Per the Hon'ble the Chief Justice Ujjal Bhuyan)



     Heard Mr. D.Bhaskar Reddy, learned counsel for the

appellant and Mr. T.V.Ramana Rao, learned Government

Pleader for Industries appearing for the respondents.

2. I.A.No.1 of 2021 is an application seeking

condonation of 107 days of delay in filing the present writ

appeal.

3. This intra-court appeal has been filed assailing the

legality and validity of the order dated 25.03.2021 passed

by the learned Single Judge in I.A.No.1 of 2021 in

W.P.No.5939 of 2021.

4. The related writ petition has been filed by the

appellant assailing the legality and validity of the order

dated 26.02.2021 passed by the Assistant Director of

Handloom and Textiles, Siddipet. The interlocutory

application was filed for suspension of the said order. By

the impugned order, prayer for suspension has been

declined. Hence, the appeal.

5. Appellant before us is Boda Srinivas, who was the

earlier President of the Handloom Weavers Cooperative

Society Limited, Dubbaka, and was also appointed as

Person In-charge Committee. On certain allegations being

made against the appellant, Assistant Director of

Handlooms and Textiles, Siddipet, passed an order dated

26.02.2021 appointing Sri A.Praveen, Assistant

Development Officer (Handloom and Textiles) under

Section 32(7)(a) of the Telangana Cooperative Societies Act,

1964, as the Person In-charge to manage the affairs of the

Handloom Weavers Cooperative Society Limited, Dubbaka,

with effect from 26.02.2021 for a period of six months or

till such time further orders are passed.

6. This has been impugned in W.P.No.5939 of 2021.

Appellant filed I.A.No.1 of 2021 for suspension of the

aforesaid order dated 26.02.2021. Learned Single Judge

by the order dated 25.03.2021 declined to suspend the

said order by holding as under:-

"A perusal of the impugned order, GO issued by the Government as well as the memo dated 10.02.2018 makes it abundantly clear that the 4th respondent has been delegated the power to appoint a Person In-Charge and the impugned order is passed in furtherance of the same and the Person In-Charge has been appointed. Therefore, the main ground on which the impugned order is sought to be attacked is without any legal basis. In view of the same and having regard to the serious allegations made against the petitioner, this Court is not inclined to pass any orders suspending the impugned order."

7. On due consideration, we are of the view that these

are prima facie observations of the learned Single Judge

while declining suspension. The related writ petition is

pending for adjudication. Therefore, it would be just and

proper if the related writ petition is finally heard and

decided without being influenced by the observations made

by the learned Single Judge while declining suspension.

8. Appellant may request learned Single Judge for

expeditious hearing of W.P.No.5939 of 2021.

9. Subject to the above, we do not find any good ground

to entertain the appeal.

10. Accordingly, I.A.No.1 of 2021 and the writ appeal are

dismissed.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ SUREPALLI NANDA, J

27.07.2022 vs