IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.24447 of 2009 Between: The Ramannagudem Primary Agricultural Cooperative Society Ltd., No.711, Ramannagudem, W.G. District, Rep. by its President Sri S. Brahmaiah ..... PETITIONER AND The Commissioner and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad and four others ..... RESPONDENTS ORDER: The matter is coming up for admission. 2. The learned AGP for Cooperation takes notice on behalf of respondent Nos.1, 4 and 5, Smt. Bobba Vijayalakshmi takes notice on behalf of respondent No.2 and the learned AGP for Revenue takes notice on behalf of respondent No.3. 3. The writ petition is filed praying for the relief of writ of Mandamus declaring the action of the second respondent in not repaying the amount paid as excess interest on long term borrowings by the petitioner as established in the enquiry under Section 51 of the A.P. Cooperative Societies Act in spite of the representation of the petitioner dated 07-04-2009 as illegal, arbitrary and capricious and consequently direct the second respondent to take immediate steps to refund the amount of Rs.39,44,636-40 Ps. paid as excess interest forthwith in the interest of the functioning of the society and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the writ petition in detail. It is stated that the fourth respondent vide his proceedings dated 02-08-2008 ordered an enquiry under Section 51 of the A.P. Cooperative Societies Act into the affairs of the petitioner society. On 26-12-2008 the enquiry officer after conducting an enquiry submitted the enquiry report. On 07-03-2009 in pursuance of the observations in the report of the enquiry officer, the Deputy Registrar of Cooperative Societies, Eluru vide his proceedings directed the managing committee to attend for the rectification of defects immediately by virtue of power under Section 54 of the A.P. Cooperative Societies Act. On 07-04-2009 in pursuance of the proceedings of the Deputy Registrar, the petitioner society vide its letter requested the second respondent to repay the amount to a tune of Rs.39,44,636-40 Ps. 5. It is stated that the petitioner made a representation dated 07-04-2009 to the second respondent narrating the said facts. In the light of the facts and circumstances, this court is of the considered opinion that the writ petition be disposed of directing the second respondent to consider and dispose of the representation of the petitioner dated 07-04-2009 within a period of four (4) weeks from the date of receipt of this order. 6. The writ petition is disposed of accordingly. No order as to costs. ___________________ P.S. NARAYANA, J November 12, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.24447 of 2009 November 12, 2009