IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 10353 of 2009 Between: T. Srinivas S/o. Pedda Ramulu PACS Pembi, Khanapur Mandal, Adilabad District. ..... PETITIONER AND 1 The Andhra Pradesh Co-operative Appellate Tribunal Chandra Vihar, Nampally, Hyderabad. 2 The Deputy Registrar of Co-operative Societies Nirmal Adilabad District. 3 The Primary Agricultural Co-operative Society Reptd. by its President Pembi, Now merged with PACS Khanapur, Adilabad District. .....RESPONDENTS 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, orders or directions, preferably in the nature of writ of Mandamus, declaring that the order dated 06-08-2008 made in I.A.No.621 of 2008 in C.T.A.S.R.No.2208 of 2008 to the extent of furnish security by the 1st respondent, even though the 3rd respondent is due and liable to pay the subsistence allowance for more than 7 years, is illegal, arbitrary and against to law and justice much against to the legal and fundamental rights guarantied under the Constitution of India and consequently set aside and or modify the order of the 1st respondent dated 06-08-2008 made in I.A.No. 621 of 2008 in C.T.A.S.R.No.2208 of 2008 to the extent of furnish security. Counsel for the Petitioner:MR.CH.VENKAT RAMAN Counsel for the Respondents: GP FOR COOPERATION The Court made the following : ORDER: This writ petition is filed questioning the order dated 06.08.2008 passed in I.A.No.621 of 2008 in C.T.A.(SR).No.2208 of 2008 by the Andhra Pradesh Co-operative Appellate Tribunal, Hyderabad, wherein the surcharge proceedings dated 30.04.2008 initiated against the petitioner were suspended on condition of his furnishing security to the tune of 50% of the surcharge amount, within one month from the date of the said order. 2. It is submitted by the learned Government Pleader for Cooperation that the subject matter of this writ petition is squarely covered by the judgment of a Division Bench of this Court in D. UMA MAHESWAR RAO v. DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES/DIVISIONAL CO-OPERATIVE OFFICER, CHARMINAR DIVISION, HYDERABAD[1] wherein it was held as under: “Upon perusal of Rule 11 of A.P.Co-operative Tribunal (Procedure) Rules, 1994, it is very clear that in an appeal where the surcharge order is in relation to misappropriation of amounts or sanction of benami loans, no interim order can be passed without imposing a condition incorporated in the said rule. According to the language of Rule 11, it is obligatory on the part of the Tribunal to impose a condition with regard to deposit of not less than 50% of the amount involved in the impugned order or furnish security of equal value when matters pertain to misappropriation of amounts or sanction of benami loans. This would not mean that in other cases where an appeal is filed, the appellate Tribunal cannot impose such a condition.” 3. In the instant case also, the Tribunal, while granting interim suspension of the surcharge proceedings dated 30.04.2008, imposed a condition on the petitioner to furnish security to the tune of 50% of the surcharge amount, which cannot be found fault with in view of the judgment of a Division Bench of this Court referred to above. In the circumstances, following the said judgment, this writ petition is dismissed. No costs. _______________ N.V. RAMANA, J Date:15.06.2009 sj [1] 2008(6) ALT 27 (D.B.)