IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 549 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/03/2009 in WP NO : 28756 OF 2008 on the file of the High Court.) Between: Sri Bathula Appa Rao S/o. Ramanna Sri Ramalingeswara Weavers Cooperative Production & Sales Society Ltd., Regd. No.1244, Boddam, Srikakulam Dist. R/o. Boddam, Rajam Mandal, Srikakulam District. ..... APPELLANT AND 1 The Assistant Director of Handlooms & Textiles Srikakulam Srikakulam District. 2 The Development Officer Handlooms & Textiles Srikakulam, Srikakulam District. 3 Dora Thaviti Raju S/o. Bhadrachalam R/o. Boddam, Rajam Mandal, Srikakulam. Newly illegally elected President at the unauthorized Managing Committee Meeting of the Society & previous Vice President. 4 The District Collector (Cooperation) / Election Authority Srikakulam, Srikakulam District. .....RESPONDENTS Counsel for the Appellant:MR.D.V.BHADRAM Counsel for the Respondent No.: MR.P.KAMLAKAR The Court made the following : ORAL JUDGMENT: (per the Hon’ble Smt. Justice T.Meena Kumari) Aggrieved by the order, dated 19.03.2009 made in WVMP Nos.485 and 702 of 2009 in WPMP No. 37632 of 2008 in WP No. 28756 of 2008 by a learned Single Judge vacating the interim order dated 30.12.2008 whereby the respondents in the writ petition were directed to appoint a Person-in-Charge to look after affairs of the society, the writ petitioner preferred this Writ Appeal. The appellant herein was elected as President of Sri Ramalingeswara Weavers Cooperative Production & Sales Society Limited, Boddam, Srikakulam District. On the basis of certain allegations, the first respondent issued orders dated 1.12.2008 declaring him to be ineligible to be the President of the Society and requested the second respondent herein to elect a new President. Pursuant thereto a meeting was held on 4.12.2008 and the third respondent herein was elected as the new President and the appellant was directed to handover complete charge of the Society to the third respondent. Assailing the said, the above writ petition was filed. While admitting the writ petition, the learned Single Judge, with a view to run the society without the appellant, inasmuch as there were certain allegations of financial irregularities made against him, directed the respondents to appoint a Person-in-Charge to look after affairs of the Society. Feeling aggrieved, the third respondent filed WVMP No. 485 of 2009 while the respondents 1 and 2 filed WVMP No. 702 of 2009, seeking to vacate the interim order dated 30.12.2008 in WPMP No. 37632 of 2008 and the learned Single Judge after hearing all the parties, has vacated the order insofar as it directed the appointment of a Person-in-Charge. Aggrieved thereby, the writ petitioner preferred this appeal. It is contended on behalf of the appellant that the third respondent was appointed as Person-in-Charge pursuant to the order dated 30.12.2008 which came to be vacated on 19.3.2009. He further submits that the respondent No.3 has taken charge as President in pursuance of interim order passed by the learned Single Judge. It is not in dispute that the third respondent has taken charge as Person-in-Charge of the Society and the appellant – writ petitioner has ceased to be it’s President. Having regard to the sacrosanct provisions of the A.P. Cooperative Societies Act, the Writ Petition itself is not maintainable. The learned counsel for the appellant, at this juncture, sought permission of the court to withdraw the writ petition with a liberty to avail remedies open to the appellant. Recording the same, the writ petition is dismissed with a liberty to avail the remedies open under law before appropriate authority, within a period of three weeks from the date of receipt of a copy of this judgment and Status quo obtaining as on today shall be maintained for a period of four weeks from the date of receipt of a copy of this judgment. With the above directions, the Writ Appeal is disposed of. No order as to cost. ____________________ Justice T.Meena Kumari __________________ Justice Sanjay Kumar June 2, 2009 Copy within three days //BO// MAS.