IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 16006 of 2008 Between: 1 Gonu Prasad S/o. Purushotham SDSC Sehar Center, Sriharikota, Nellore (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 2 Sk. Subhani S/o. Late Mastan Saheb Sainagar, Sullurpet Town and Tahsil, Nellore. (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 3 B.V. Ramanaiah S/o. Subrahmanyam Sriharikota, Official Qr.No.C2/21, Pulicotnagar Colony, Nellore,(Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 4 N. Sudhakar Rao S/o. Obaiah Staff Code H-11287 Official Qr.No.C2/181, Pulicot nagar, (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 5 S. Mani S/o. Sai Chettair Official Qr.No.C2/382, Pulicotnagar colony, sullurpet town, (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 6 P. Dasaratha Rami Reddy S/o. Govind Reddy (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) 7 P.N. Jagan Mohan Rao S/o. Late Suryanarayana Nellore District. (Elected Directors, to the Ex-Managing Committee, of Shar employees, Co-operative Stores Ltd., Superceded on 17.12.83) ..... PETITIONERS AND 1 K. Viswanathan Nominated president The Shar Center employees cooperative stores, R/o. Official, Qr. Sriharikota. 2 T.S.S. Mahadeva Rao Nominated director R/o. Flat No.101, badam Sri Krishna Apartments, Saroornagar, HUDA Colony, Hyderabad. 3 M. Nagaraj Extention Officer, MCRDO, Departmental Officer Kept I/c. of stores on suspercession of Managing Committee of the petitioners R/o. Sullurpeta, 15-3-84 to 10-7-1991. 4 M.S.Sarat Dy. Registrar Cooperative Societies, Gudur Division, Gudur, Nellore. 5 P. Prabhakar Inspector Officer, U/s 52 of the APFC Act, R/o. Sullurpet, Nellore. 6 A.P. Civil Supplies Corporation, Nellore rep. by Dist. Manager. 7 A.P. Dairy Development Corporation, Nellore rep. by its M.D. 8 Cooperative Central Bank, Nellore rep. by its Secretary. .....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, order or direction, more particularly one in the nature of Certiorari writ or any other appropriate writ set aside the surcharge notice in case R.C.No.977 of 1983-C dated 08.07.2008 on the ﬁle of the respondent No.4 and pending disposal of the writ petition suspend the operation of the said surcharge notice including the appearance of the petitioner. Counsel for the Petitioners:MR.P.N.JAGANMOHAN RAO Counsel for the Respondents: MR.D.LINGA RAO The Court made the following ORDER: The petitioners were the members of the Managing Committee of SHAR Employees Consumer Cooperative Stores Limited, Sriharikota, Nellore during the year 1983, till it was superceded under the provisions of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’). An inspection under Section 52 of the Act, into the aﬀairs of the society was caused. Based on the report, surcharge proceedings under Section 60 of the Act were initiated against the petitioners and certain others. A surcharge order was passed in March, 1995 by the Deputy Registrar of Cooperatives Societies, Gudur, the fourth respondent herein. Aggrieved thereby, some of the petitioners ﬁled O.A.No.54 of 1995 before the A.P. Cooperative Tribunal, Vijayawada. The appeal was allowed, through judgment, dated 19.06.1997, on the ground that the petitioners were not given opportunity, during the surcharge proceedings. The matter was remanded to the fourth respondent for fresh enquiry and disposal. The enquiry is said to be in progress and a notice of hearing was issued on 08.11.2008, ﬁxing the date of enquiry as 19.07.2008. The petitioners feel aggrieved by the action of the fourth respondent in proceeding with the enquiry. Heard, the learned counsel for the petitioners, the learned Government Pleader for Cooperation, the learned counsel for the sixth respondent and the learned counsel for the eighth respondent. The fourth respondent has passed an order way back in the year 1995 under Section 60 of the Act ﬁxing the liability on the petitioners and certain others. Complaining that the prescribed procedure was not followed, O.A.No.54 of 1995 was ﬁled. The appeal was allowed and the matter was remanded to the fourth respondent for fresh enquiry and it is in this context that the proceedings are going on, may be for the past one decade. The reasons for such delay are not before this Court. Be that as it may, the petitioners cannot have any grievance vis-à-vis ongoing proceedings under Section 60 of the Act. They can put forward their contention and even cross-examine the witnesses, who have examined on behalf of the management of the society, if not already done. No error of jurisdiction is pointed out nor any lack of competence is shown. Hence, the writ petition is dismissed, leaving it open to the petitioners to put forward their defence before the fourth respondent. There shall be no order as to costs. __________________ L.NARASIMHA REDDY,J Dt:04.09.2008. kdl