IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8745 of 2002 Dated: 28th July, 2006 Between: Sarangapani Madhavi .. Petitioner and Special Cadre Deputy Registrar, Officer on Special Duty, Nellore District Cooperative Central Bank Ltd., Nellore. .. Respondent THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8745 of 2002 ORDER: This writ petition is filed seeking Mandamus declaring the action of the respondent in issuing impugned notice under Rule 52(II)(b) of A.P. Cooperative Societies Rules, 1964 for auctioning of petitioner’s land to an extent of Ac.25-00 cents in S.No.191-1 of Manga Nellore village, Sullurpet mandal, Nellore district as illegal and arbitrary. The grievance of the petitioner is that before issuing the impugned sale/auction notice, no certificate under Section 71 of the A.P. Cooperative Societies Act, 1964 was obtained by the society and therefore, the impugned sale notice is misconceived. No counter affidavit is filed till date. I am of the opinion that without there being any Certificate under Section 71 of the Act, the question of proceeding against the properties of the petitioner does not arise. The whole action initiated by the respondent is misconceived and the impugned notice issued by the respondent under Rule 52(II)(b) of Rules for auctioning of petitioner’s land is liable to be set aside and accordingly set aside. The writ petition is accordingly allowed. No order as to costs. ______________ C.V.RAMULU, J Date: 28.7.2006 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.8745 of 2002 28.7.2006