THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.20251 of_2006 Operative Portion by wire In view of the above, without expressing any opinion on merits, the 1st respondent is directed to entertain the claim petitions filed by the petitioners in C.E.P.Nos.417,418, 419 of 2005-2006, if they are in order and dispose of the same as per law, after hearing the petitioners. However, during pendency of the claim petitions, the properties sought to be attached and sold, shall not be proceeded with. Further, the petitioners shall not create any 3rd party interest or encumbrance or dispose of the property, which is sought to be attached and sold by the 1st respondent during pendency of the claim petitions. With the above direction, the writ petition is disposed of. No costs. _________ 27-09-2006 Note: After dispatch of the order, the bundle may be sent to the CM Section. Rkk THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.20251 of_2006 Dated:27.09.2006 Between 1.D.Satya Vedadri Venkata Ratnam and others. …..Petitioner and 1.The Deputy Registrar of Cooperative Societies, Prakash Nagar, Rajahmundry East Godavari District and another. …Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.20251 of_2006 ORDER: This writ petition is filed seeking to declare the action of the respondents in refusing to entertain claim petitions in CEP Nos.417, 418, and 419 of 2005-2006 as arbitrary and illegal. The only grievance of the petitioners is that surcharge proceedings under Section 60 of Cooperative Societies Act were concluded against one of the brother of the petitioners. But, the surcharge order was passed attaching the properties of the petitioners for sale. The contention of the petitioners is that the properties in question were never subject matter of any proceedings, before any authority, under the Cooperative Societies Act and their brother against whom surcharge proceedings were passed has nothing to do with this property. However, the petitioners have filed a claim petition under Rule 52 (21) of the Cooperative Societies Act and the same has not yet been disposed of by the 1st respondent, who refused to accept the said claim petition and intended to contemplate auction against the properties of the petitioners. In view of the above, without expressing any opinion on merits, the 1st respondent is directed to entertain the claim petitions filed by the petitioners in C.E.P.Nos.417,418, 419 of 2005-2006, if they are in order and dispose of the same as per law, after hearing the petitioners. However, during pendency of the claim petitions, the properties sought to be attached and sold, shall not be proceeded with. Further, the petitioners shall not create any third party interest or encumbrance or dispose of the property, which is sought to be attached and sold by the 1st respondent during pendency of the claim petitions. With the above direction, the writ petition is disposed of. No costs. __________ 27-09-2006 rkk