IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4788 of 2008 Between: 1 Vemula Srinivas Rao S/o. Chinna Gopaiah R/o.H.No. 8-8, Bodrai Bazar, Kodad Village & Mandal, Nalgonda District. 2 Pidethala Kondaiah S/o. Gopaiah R/o. 8-127, Azadnagar , Kodad Village & Mandal, Nalgonda District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by the Joint Registrar/District Cooperative Officer, Nalgonda. 2 The Deputy Registrar of Cooperative Societies/ Sub Divisional Cooperative Officer, Miryalguda, (Town) Nalgonda District. 3 The Nalgonda District Cooperative Central Bank Limited, Kodad Branch, Rep. by Sub-Divisional Cooperative Officer/Sale Officer, Kodad Village & Mandal, Nalgonda District. 4 The Primary Agricultural Cooperative Society Kodad Village Mandal, Nalgonda District, Rep. by its Chief Exectuive Officer/Person-in-Charge. .....RESPONDENT(S) 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 writ of Mandamus setting aside proceedings dt. 10-2-2008 on the file of the 3rd Respondent in so-far as putting to the auction sale of petitioners' immoveable properties viz., H.No. 8-8, Bodrai Bazar & H.No. 8-127, Azadnagar Kodad Village and Mandal, Nalgonda District by declaring the same as illegal, void without jurisdiction contrary to Rule 52 of the A.P. Cooperative Societies Rules, 1964 apart from violation of Principles of natural justice and to pass Counsel for the Petitioner:MR.M.VENKAT RAM REDDY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : Form-NIC-OGS/WP{VSMI} O R D E R:- This writ petition is filed seeking a mandamus to declare the Public Auction dated 10.2.2008 issued by the 3rd respondent proposing to auction the petitioners’ immovable properties i.e. H.No.8-8, Bodrai Bazar & H.No.8-127, Azadnagar, Kodad village, as arbitrary and illegal. The brief facts of the case are that surcharge proceedings were initiated against one B.S.Ramarao on the ground that he misappropriated the funds of the Primary Agricultural Cooperative Society, Kodad. Questioning the same, he preferred appeals before the Cooperative Appellate Tribunal, Warangal and during the pendency of the surcharge proceedings, it appears that Ramarao offered the properties of the petitioners as security. In pursuance of the security, the Cooperative Tribunal stayed the surcharge proceedings. Subsequently, the proceedings before the Cooperative Tribunal were over and as the amount was not paid by B.S.Ramarao, the properties of the petitioners, which were offered as security, are brought to sale and in that process Auction Notice was issued on 10.2.2008 proposing to hold auction of the petitioners’ properties on 10.3.2008 and 13.3.2008. Questioning the impugned Auction Notice, the petitioners have filed this writ petition. Heard the learned counsel for both the parties and perused the material placed on record. The petitioners are only sureties and apparently, their properties were offered as security and the actual liability is that of B.S.Ramarao. Of course, when the properties offered as security, it is open for the authorities to bring those properties to sale for realization of the amounts. But, at the same time, as the petitioners have nothing to do with the liability of Ramarao, this Court deems it appropriate to allow the petitioners to ventilate their grievances before the Cooperative Tribunal which issued the auction notice. At this juncture, the learned counsel for the petitioners has contended that the petitioners are not parties in the proceedings before the Cooperative Tribunal. In the above circumstances, this Court directs the petitioners to file an application for impleading themselves as party respondents in C.T.A.Nos.1 and 2 of 2004 and the Cooperative Appellate Tribunal, Warangal may consider their application and pass appropriate orders in accordance with law. As it is proposed that auction is to take place on 10.3.2008 and 13.3.2008, the same shall be stayed till the Cooperative Appellate Tribunal decides the petitioners’ grievance. In terms of the above direction, this writ petition is disposed of. No costs. _______________ 07.03.2008 Note: Furnish copy by today. B/o bcj