IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 8408 of 2005 Between: 1 Syed Aqeel Hussain, S/o. Late Askari Hussain, R/o. 22-6-779, Panjeshah, Hyderabad. 2 Mohd. Behboob ali, S/o. Md. Siraj Ali, R/o. 23-6-216, Hari Bowli, Hyderabad. 3 S. Riyazul Hussain, S/o. Late Askari Hussain, R/o. 22-6-779, Panjeshah, Hyderabad. ..... PETITIONERS AND 1 The Deputy Registrar of Cooperative Societies, OSD/Arbitrator, Charminar Cooperative urban Bank Ltd., (Recovery Branch), Nampally, Hyderabad. 2 The Chairminar Cooperative Urban Bank Ld., rep. by its Manager (Recovery), Nampally, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a writ,Order or direction, especially, one in the nature of Writ of certiorari calling for the records of the award passed in ARC NO. 39/2001 dt. 30.4.2001 and sale notice issued in EP.No.3/2002 dt. 14.3.2005 and quash the same by declaring the award passed by the in respondent in ARC No.39/2001 is one without jurisdiction and pass such other order or orders. Counsel for the Petitioner:MR.CH.RAVINDER (not present) Counsel for the Respondents: G.P. for Cooperation for R1 Sri P.S.Rajasekhar for R2 The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.8408 of 2005 ORDER: This writ petition is ﬁled for a Writ of Certiorari to quash Award in A.R.C.No.39/2001, dated 30.04.2001, and sale notice issued in E.P.No.3/2002, dated 14.03.2005. 2. At the hearing, there is no representation for the petitioner. Heard Sri P.S.Rajasekar, learned Standing Counsel for Respondent No.2-Bank and perused the record. 3. The sole ground on which the petitioner called in question the award passed by Respondent No.1 and the sale notice issued in pursuance thereof is that Respondent No.2-Bank is governed by the provisions of the Banking Regulation Act, 1949, and that, therefore, Respondent No.1 has no jurisdiction to pass an award under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’). 4. Learned Standing Counsel for Respondent No.2 submitted that the Full Bench Judgment of this Court in A.P.State Coop. Bank v. Samudra Shrimp (P) Ltd. upholding such a plea was reversed by the Supreme Court in Greater Bombay Coop. Bank Ltd. v. United Yarn Tex (P) Ltd. [1], wherein the Supreme Court held that the Cooperative Banks are governed by the provisions of the respective Cooperative Societies Acts of the States and that, consequentially, the functionaries of the said Banks have jurisdiction to exercise powers conferred on them under the respective Acts and pass appropriate orders. 5. In view of the aforesaid judgment of the Supreme Court, the contentions raised in the writ petition are rejected and the writ petition is liable to be dismissed. 6. The writ petition is, accordingly, dismissed. No costs. As a sequel to dismissal of the main petition, WPMP No. 11125 of 2005 is dismissed as infructuous. _______________________ C.V.NAGARJUNA REDDY,J 26.08.2008 v v [1] (2007) 6 SCC 236