HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.18289 of 2010 Date : 20-12-2010 Between : Bodicharla Naga Mahesh .. Petitioner And The Enquiry Officer, Rajampet Co-operative Town Bank, Rajampet, Kadapa District and others .. Respondents Counsel for petitioner : Sri Koneti Raja Reddy Counsel for respondents : Government Pleader for Co-operation The Court made the following : ORDER: This Writ Petition is filed for the following substantive relief : “…. to issue any writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents, particularly the order of respondent No.4 ordering the petitioner’s prosecution by his proceedings in R.C.No.2869-C1, dt.1-4-2010 as illegal, arbitrary and without jurisdiction and consequently to set-aside the said order of prosecution as against the petitioner and further to declare that the recommendation of respondent No.1 made in his report dated 20-6-2009 to prosecute the petitioner as illegal and without jurisdiction…” Today, I have disposed of W.P.No.15648/2010 wherein it was inter alia held that neither the provisions of Section 79(1)(e) of A.P. Co-operative Societies Act, 1964 (for short, "the Act") nor that of Section 79(1)(c) of the Act, apply to persons other than the Committee or its Members constituted under the provisions of the Act. The petitioner being an Auditor, does not fall in either of the above mentioned two categories described under Section 79(1)(e) of the Act. As regards Section 79(1)(c) of the Act, the same reasoning which was given in case of the petitioner in W.P.No.15648/2010 applies to the petitioner herein equally. For the same reasons for which W.P.No.15648/2010 has been allowed, this Writ Petition is allowed and the impugned order is quashed. ____________________ C.V. Nagarjuna Reddy.,J Date : 20-12-2010 AM