IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 17797 of 1999 Between: K.Maruti Mohan, S/o. Subramaniam, Kauthalam Large Scale Cooperative Society, R/o. Kauthalam Mandal, Kurnool District. ..... PETITIONER AND 1 The Govt., of A.P. repby its Secretary Cooperation Department, Secretariat, Hyderabad. 2 The District Collector, Kurnool District, Kurnool. 3 The District Cooperative Officer , Kurnool District, Kurnool. 4 The Divisional Cooperative Officer , Adoni, Kurnool. 5 The General Manager, Kurnool District , Cooperative Central Bank, Ltd., Kurnool . 6 The Kauthalam Large Scale Cooperative Society, rep.by its President, Kauthalam Mandal, Kurnool District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ or order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents ininitiating the execution proceedings in EP No. 77/99-2000 against the petitioner herein even on the face of the report of the House committee dated February,1999 as illegal, arbtirary and violative of Article 21 of the Constitution of India ande pass such other order or orders as it may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.SATYA PRASAD Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : ORDER: This writ petition has been filed seeking to issue a Writ of Mandamus to declare the action of the respondents in initiating the execution proceedings in E.P. No.77 of 99-2000 against the petitioner herein even on the face of the report of the House Committee dated February, 1999 as illegal, arbitrary and violative of Article 21 of the Constitution of India. The case of the petitioner is that he was working as a paid Secretary in the 6th respondent Society. There was an inspection under Section 52 of A.P.C.S. Act into the aﬀairs of the Society wherein the authorities ﬁxed liability on him to the extent of Rs.1,09,548.77 and surcharge order was issued to that extent. Thereafter, the respondents concerned have re-examined the whole issue and passed revised surcharge notice under Section 60(1) in Rc.No.230/93-B dated 06-05-1995 ﬁxing liability of Rs.6,39,897.69. The entire ﬁxation of the amount in surcharge notice is ﬁctitious and resulted by virtue of the wrong calculation. Ultimately, the respondents have issued surcharge order dated 24-06-1995 ﬁxing liability of Rs.6,39,897.69. The petitioner submitted a detailed representation to the respondents concerned brining to their notice with regard to the wrong calculation and not taking into consideration of the various facts while ﬁxing liability. On considering the said representation, the respondents corrected the wrong entries and thereby out of Rs.6,39,000/-, an amount of Rs.5,65,000/- have been shown as recovered from the members and there is a balance of Rs.73,521.75 which is relating to the stocking of Wheat relating to ESCOM. In fact, the proposals have been submitted seeking to write-oﬀ the said amount by the authorities concerned. The stocks relating to Wheat is not placed at the instance of the Society and they were placed at the hands of the ESCOM for which the Society paid rents for the place occupied. Spoiling of the stocks of Wheat relating to ESCOM is nothing to do to the Society but strangely that was also included in the surcharge order. It is submitted that taking into consideration of various facts, on the fact of the speciﬁc report of the House Committee, the surcharge orders earlier issued against the petitioner have become redundant and they have no value of enforceability. But strangely the respondents after a period of four years initiated execution proceedings to the extent of entire amount of Rs.6,39,000/-. Even as per the report submitted by the House Committee there is only Rs.74,000/- and the said amount cannot be attached to him for the reasons stated above. Therefore, the action on the part of the respondents is illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and accordingly the impugned action of the respondents is liable to be declared as null and void. From a perusal of the record, this Court on 05-10-1999 while issuing notice before admission, granted stay of execution subject to payment of Rs.10,000/-. On 18-12-2000 stay vacate petition was dismissed since the order dated 05- 10-1999 was complied with by depositing an amount of Rs.10,000/- and the stay was made absolute. Learned counsel for the petitioner submits that during the pendency of the writ petition the matter was re-examined by the authorities and ultimately the Deputy Registrar of Cooperative Societies, Adoni addressed a letter Rc.No.230/93- B, dated 31-07-2008, a copy of the letter placed before this Court, to the Joint Registrar, District Cooperative Oﬃcer, Kurnool for closure of said execution petition. In view of the above, he submitted that no further orders are required be passed and the writ petition may be closed. The operative portion of the letter dated 31-07-2008 addressed by the Deputy Registrar of Cooperative Societies, Adoni reads as under: “The President and the present Chief Executive Oﬃcer/Secretary of Kowthalam L.S.C.S. Ltd., Kowthalam (Decree-Holder) in their letter dated 22.7.08 have submitted write oﬀ proposals of said E.p. amount of Rs.6.39 Lakhs as resolved in managing Committee meeting and General Body Meetings held on 18.6.2008 and 9.7.2008 respectively and requested to stop further action on execution of E.p.No.77/900-2000 for Rs.6.39 Lakhs ﬁled against Sri Maruthi Mohan, Secretary of Kowthalam L.S.C.S Ltd, Kowthalam Mandalam. Under the circumstances where the Decree-Holder requested for dropping further action on the E.P. and no action need be taken on the said Execution Petition. As explained above the further action on E.P.No.77/99-2000 for Rs.6.39 Lakhs has been stopped and the said Misappropriation case is removed for monthly misappropriation statement in the month of July-2008; as civil action has been completed and action is being taken for closure of said E.P. in F.Dis in the Oﬃce of the Deputy Registrar of Cooperative Socities, Adoni. This is submitted for favour of kind information.” Having regard to the facts and circumstances of the case, submissions made by the learned counsel for the petitioner and in view of the letter dated 31-07-2008, without going into the merits of the case, further cause of action would not survive in the writ petition. Therefore, the writ petition can be closed. Accordingly, the Writ Petition is closed. However, since pursuant to the interim order dated 05-10-1999, the petitioner had deposited an amount of Rs.10,000/-, therefore he is given liberty to make a representation to the authorities concerned, within a period of one week from the date of receipt of a copy of this order, seeking to return the amount deposited by him and the authorities concerned are directed to pass appropriate orders, in accordance with law, within a period of two weeks from the date of making such a representation by the petitioner. In the result, the Writ Petition is closed. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 06-09-2008 Note: Issue C.C. in three days. B/o. LSK