IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 15202 of 2001 Between: 1 Siramsetty Atchibabu, S/o. Appalaswamy, R/o.Thummapala Village, Anakapalle Mandal, Visakhapatnam. 2 Siramsetty Adilakshmi, W/o. Atchibabu, R/o.Thummapala Village, Anakapalle Mandal, Visakhapatnam. 3 Siramsetty Appa Rao, S/o. Atchibabu, R/o.Thummapala Village, Anakapalle Mandal, Visakhapatnam. 4 Siramsetty Sreenubabu, S/o. Atchibabu, R/o.Thummapala Village, Anakapalle Mandal, Visakhapatnam. ..... PETITIONERS AND 1 The Secretary, Tummapala Prathamika Vyavasaya Sahakara Sangham Limited, Thummapala. 2 The Deputy Registrar/Officer on Special Duty, District Cooperative Central Bank Limited, Near N.A.D.Kotha Road, Visakhapatnam. 3 District Registrar of Cooperative Society, Visakhapatnam. 4 The Distarict Co-operative Central Bank Limited, Rep. by its General Manager, Visakhapatnam. .....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 of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the 2nd Respondent in issuing notice of attachment under Rule 52(a), dt. 14.7.2001 attching Petitioners lands in Sy.No.314/3 and 314/4 of Thummapala Village, Anakapalle Taluq, Visakhapatnam District without aﬀording them opportunity to participate in the enquiry before 3rd Respondent and serving the certiﬁcate as contemplated under section 101 of A.P.Co-Operative Societies Act, 1864 as illegal, arbitrary and unjust and set aside the same and consequently direct the Respondents to hold enquiry under Section 101 of APCS Act, 1864 by providing an opportunity to the Petitioners herein and pass such other orders. Counsel for the Petitioners:MR.SRINIVAS MANTHA Counsel for the Respondent No.1: G.P. for Cooperation Counsel for the Respondent Nos.2,3 and 4: MR.T.NIRANJAN REDDY The Court made the following : THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO :15202 of 2001 ORAL ORDER: The present Writ Petition is ﬁled challenging the Notice of Attachment issued by the Deputy Registrar/Oﬃcer on Special Duty, District Cooperative Central Bank Ltd., Visakhapatnam, the second Respondent in the Writ petition, under Rule 52(a) of the Cooperative Societies Rules attaching the Petitioners’ lands in Survey Nos. 314/3 and 314/4 of Thummapala Village, Anakapalli Taluq, Visakhapatnam District. The grievance of the Petitioners as reﬂected in the aﬃdavit ﬁled in support of the Writ Petition is that they were not given any opportunity, inasmuch as no enquiry was conducted by issuing a prior Notice to them. By Order dated 25.7.2001, this Court granted stay of further Proceedings pursuant to Notice of Sale dated 14.7.2001 upon the condition that the Petitioners deposit Rs.84,822/- to the credit of the first Respondent within a period of four weeks. Heard the learned Counsel for the Petitioners and the Counsel appearing for the Respondents. The learned Counsel for the Petitioners is not in a position to state as to whether the Petitioners have complied with the Interim Order passed by this Court. Be that as it may, the Counter aﬃdavit ﬁled by the 4 th Respondent states to the eﬀect that Notices were issued to the Petitioners under Section 71(1) of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) and in spite of the said Notices having been served upon the Petitioners, the Petitioners failed to come forward. No reply aﬃdavit has been ﬁled rebutting this statement in the Counter affidavit. In the light of the averments made in the Counter aﬃdavit, it is manifest that there is no violation of the principles of natural justice inasmuch as the Petitioners, having received the Notices issued to them under Section 71(1) of the Act, failed to take action in consequence thereof. There are no merits in the Writ Petition. The same is dismissed accordingly. There shall be no order as to costs. ________________​______ P.V. SANJAY KUMAR,J DATE: 9th September, 2008 Pnb