IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 3151 of 2001 Between: P.Laxmi Narayana, S/o. Late Rajaiah, Valigonda Village & Mandal, Nalgonda District. ..... PETITIONER AND 1 The Andhra Pradesh Cooperative Housing Societies, Federation Limited, Hyderabad. 2 The Special Cadre Deputy Registrar, Regional Manager, Andhra Pradesh Cooperative Housing Societies, Federation Limited, Hyderabad. 3 Ashray Cooperative Housing Building Society Limited, Rep. by its President, Valigonda, Nalgonda District. .....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 to issue an appropriate Writ order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the Sale proceedings in Form No.9 Under Rule 52(II) (E) of Andhra Pradesh Cooperative Societies Act, 1964, is illegal, arbitrary and consequently declare the sale of Plot Admeasuting 101 Sq. Yards situated at Valigonda Village & Mandal, Nalgonda District bounded by East : Valingondato Mallepally Road, West Plot of Doner is illegal and set aside the same and pass Counsel for the Petitioner:MR.V.SATYAM REDDY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.3151 OF 2001 ORAL ORDER: This writ petition was ﬁled challenging the action of the Special Cadre Deputy Registrar-cum-Regional Manager, the Andhra Pradesh Co-operative Housing Societies Federation Limited, Hyderabad, the second respondent herein, in issuing sale proceedings in Form No.9 under Rule 52 of the Rules framed under the A.P. Co-operative Societies Act, 1964 in connection with the plot admeasuring 101 square yards belonging to the petitioner situated at Valigonda Village and Mandal, Nalgonda District. The petitioner admits to have taken a loan from Ashray Co-operative House Building Society Limited, Valigonda, for the purpose of the subject plot. He also admits to the fact that he committed default in the repayment of the loan but, projects the excuse that due to the drought conditions prevailing at that time he could not pay the loan instalments regularly. Owing to his default in the repayment of the loan, it appears that action was initiated under Rule 52 of the Rules framed under the A.P. Co-operative Societies Act, 1964 for subjecting the plot belonging to the petitioner to sale. The writ petition was ﬁled complaining that the State Government guidelines with regard to drought aﬀected areas were ignored by the respondents in initiating action against the petitioner. This Court by order dated 23.02.2001 in W.P.M.P.No.40076 of 2001 in W.P.No.3151 of 2000 granted interim suspension of the sale proceedings subject to the condition that the petitioner deposited a sum of Rs.20,000/- within the stipulated time. A counter aﬃdavit is ﬁled on behalf of the respondents 1 and 2 stating that the petitioner had obtained a loan of Rs.60,000/- repayable in 12 years. The inability of the petitioner to repay the loan on the ground of the prevailing drought conditions was assailed by the respondents pointing out that the loan was obtained for non-agricultural purposes and accordingly, the petitioner was not entitled to any beneﬁt citing the drought conditions. It is further stated that action was initiated as per law for recovery of the loan amount in the light of the failure of the petitioner to repay the loan as per the schedule. Heard Sri V.Satyam Reddy, learned counsel appearing for the petitioner and Sri Maturi Aravindu, learned counsel appearing for the respondent 1 and 2. The learned counsel appearing for the respondents 1 and 2, upon instructions, informed the Court that the petitioner had repaid the entire loan amount along with interest on 05.02.2008 and had taken back the documents pertaining to the subject property which had been given as security. He produced a copy of the letter dated 17.09.2008 addressed by the A.P. Co-operative Housing Societies Federation Limited, Hyderabad, stating to the said eﬀect. In the light of this fact, it is clear that no cause of action survives for adjudication in the present writ petition. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ________________________ P.V.SANJAY KUMAR, J. 26th September, 2008. VGSR