IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 24939 of 2007 Between: Ambati Taviti Naidu, s/o late Lakshmu Naidu, aged about 50 years, Ex-President, Santhosipuram Primary Agricultural Cooperative Society, Garugubilli Mandal, Vizianagaram District. ... PETITIONER AND 1. The State of Andhra Pradesh rep. by the Principal Secretary, Cooperative Department, Secretariat, Hyderabad. 2. The Collector (Cooperation), Vizianagaram, Vizianagaram District. 3. The District Cooperative Officer, Vizianagaram, Vizianagaram District. 4. The Divisional Cooperative Officer, Vizianagaram, Vizianagaram District. 5. The Garugubilli Police Station, Vizianagaram District, rep. by its Station House Officer. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus to declare the proceedings in Rc.No.4385/ 94-C (Coop.), dated 09-07-1996 issued by the second respondent and the consequential registration of Crime No.43 of 2002 on the file of the Garugubilli Police Station, Vizianagaram District as illegal, arbitrary, without jurisdiction and violative of the principles of natural justice and the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 and Rules made thereunder and also violative of Article 14 of the Constitution of India and consequently set aside the said proceedings dated 09-07-1996 and to pass such other orders. Counsel for the Petitioner. : Mr. L.V.S. NAGARAJU Counsel for the Respondents. : G.P. FOR HOME G.P. FOR COOPERATION The Court made the following: ORDER: - This petition is filed seeking a mandamus to declare the proceedings in Rc.No.4385/ 94-C (Coop.), dated 09-07-1996 issued by second respondent and the consequential registration of Crime No.43 of 2002 on the file of the Garugubilli Police Station, Vizianagaram District as illegal, arbitrary, without jurisdiction and violative of the principles of natural justice and the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act’) and the Rules made thereunder and also violative of Article 14 of the Constitution of India and consequently set aside the said proceedings dated 09-07- 1996 and to pass such other orders. 2. When the matter is taken up for hearing, it is submitted by learned counsel for petitioner that similar matter came up for hearing before this Court and a learned Single Judge by his judgment dated 15-02-2005 in W.P.No.9736 of 1997 has clearly held that the Collector has no power to accord sanction for launching prosecution against the petitioner therein. Following the said judgment, another learned Single Judge, allowed W.P.No.5372 of 2004 by his order dated 27-07-2007 and quashed the proceedings in Crime No.77 of 2003 on the file of Gajapathinagaram Police Station. Similar is the view taken by another learned Single Judge in another writ petition. Of course, learned Government Pleader opposed the same contending that the said view taken by the learned Single Judge is not correct and tried to impress upon this Court stating that G.O.Ms.No.2351 dated 10-11-1967 is no more in existence because of the amendment to Section 83 of the Act in the year 2001. 3. Having heard both the learned counsel and given my anxious consideration to the case on hand, this Court is of the view that propriety requires that the Courts shall adopt a uniform policy and hence, this Court has no exception but to accept the said judgment of the learned Single Judge made in W.P.No.9736 of 1997. In fact, the said judgment is not questioned by the respondent authorities and for that reason also this Court is of the view that this Court has to follow the said judgment. 4. Accordingly, the writ petition is allowed and Crime No.43 of 2002 registered by the Station House Officer, Garugubilli Police Station, Vizianagaram District is hereby quashed. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.10-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Principal Secretary, State of Andhra Pradesh, Cooperative Department, Secretariat, Hyderabad. 2. The Collector (Cooperation), Vizianagaram, Vizianagaram District. 3. The District Cooperative Officer, Vizianagaram, Vizianagaram District. 4. The Divisional Cooperative Officer, Vizianagaram, Vizianagaram District. 5. The Station House Officer, Garugubilli Police Station, Vizianagaram District. 6. 2CCs to 7. 2CD copies Form-NIC-OGS/WP{RLD}