IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 5284 of 2005 Between: Gaddam Venkata Samaiah, S/o.G.Vengaiah, R/o.Mittapalli Village, Gaddamvari Palli (Post) Udayagiri Mandal, Nellore District. ..... PETITIONER AND 1 The Joint Registrar of Cooperative Societies-Cum- District Cooperative officer Nellore. 2 The Sub-Divisional Cooperative officer, Udayagiri, Nellore District. 3 The Person-In-Charge, Thimmareddipalli Primary Agricultural Coop.Credit Society, varikuntapadu Mandal, Nellore District. 4 Sri.Mekapati Chandrasekhar Reddy, M.L.A. Udayagiri Constituency, Nellore District. .....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 Mandamus, declaring the action of the initiation of proceedings against the petitioner by the respondents and the issuance of the order in Rc.No.1/2005 dated 2-3-2005 by the 3rd respondent as illegal, arbitrary and contrary to the provisions of the A.P. Cooperative societies Act, 1964 and consequently set aside the same and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.P.ROY REDDY Counsel for the Respondent Nos.1 to 3: GP FOR COOPERATION The Court at the admission stage made the following: ORDER: Challenging the order in Rc.No.1/2005, dated 02.03.2005, issued by the 3rd respondent, the present writ petition is filed. The learned Counsel for the petitioner vehemently contended that the enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) is illegal, and therefore, he prays to set aside the impugned order. The learned Government Pleader for Cooperation opposed the same. The learned Counsel for the petitioner also relied upon a decision in M.Laxmana Rao v. Primary Agricultural Cooperative Society, wherein the learned single Judge of this Court held that initiation of proceedings under Section 51 of the Act is ab initio void as no just or reasonable grounds are made out attracting the provisions of Section 51 of the Act. In this writ petition, the suspension order is under challenge. The competent authority, who issued the impugned order, is not under challenge. The writ petition is devoid of merit. Therefore, the Writ Petition is dismissed. No order as to costs. Dated: 16.03.2005 Dsr ASSISTANT REGISTRAR To: 1. The Joint Registrar of Cooperative Societies- cum-District Cooperative Officer, Nellore 2. The Sub-Divisional Cooperative Officer, Udayagiri, Nellore District 3. The Person-in-charge, Thimmareddipalli Primary Agricultural Cooperative Credit Society, Varikuntapadu Mandal, Nellore District 4. Two CCs to the Government Pleader for Cooperation, High Court Buildings, Hyderabad (OUT) 5. Two CD copies Form-NIC-OGS/WP{JA}