THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22633 OF 2002 DATED 2ND FEBRUARY, 2011 BETWEEN K.B.Siddaiah …Petitioner And The Deputy Registrar of Co-operative Societies (Housing), Gruhakalpa, Opp: Gandhi Bhavan, Hyderabad-1 and another. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.22633 OF 2002 O R D E R The appellant in C.T.A. No.120 of 1998 on the file of the Co- operative Tribunal, Hyderabad, filed the present writ petition aggrieved by the order dated 31.08.2002 passed therein dismissing his appeal. The said appeal arose out of the surcharge order dated 28.09.1991 passed by the Deputy Registrar of Co-operative Societies (Housing), Hyderabad, in connection with the alleged loss caused by the petitioner and other Managing Committee members of Sri Venkateswara Co-operative House Building Society, Banjara Hills, Hyderabad, to the said Society, which is arrayed as respondent No.2 in this writ petition. As notice was not served upon the said Society, this Court, by order dated 23.08.2010, granted six weeks time to the petitioner to effect service of notice upon it and directed that in default, the writ petition would stand dismissed against it without further reference to the Court. As the petitioner failed to effect service of notice upon the said Society even thereafter, the order dated 23.08.2010 was given effect to. Thus, as matters stand, the writ petition stands dismissed as against Sri Venkateswara Co-operative House Building Society, Banjara Hills, Hyderabad. The said Society necessarily has to be heard in the matter while adjudicating the validity of the appellate order passed by the Co- operative Tribunal, Hyderabad, in C.T.A.No.120 of 1998. This writ petition must therefore fail as it cannot be decided in the absence of the Society. Further, in view of the dismissal of the writ petition against the Society, the order dated 31.08.2002 in C.T.A.No.120 of 1998 attained finality in so far as the Society is concerned. There cannot be a contrary order only against the first respondent. The Writ Petition is accordingly dismissed in its entirety. Interim stay granted on 13.12.2002 shall stand vacated. No order as to costs. ---------------------------- SANJAY KUMAR, J. 2ND FEBRUARY, 2011. PGS/VGSR