THE HON’BLE SRI JUSTICE N.V. RAMANA C.C. No. 1616 of 2009 O r d e r: The petitioners complaining that the respondents have not complied with the orders dated 19.06.2009 passed by this Court in W.P.M.P. No.15104 of 2009 in W.P. No. 11734 of 2009, filed the present contempt case, praying the Court to punish the respondents for contempt. The petitioners claiming that they are employees of Telegraph Department, that they have deposited their earnings in Telegraph Traffic Employees Welfare Co-operative Credit Society, Koti, Hyderabad, and that in spite of maturity of their deposits, they were not redeemed, filed the main writ petition in W.P. No. 11734 of 2009 seeking directions to the respondents to settle their claims as per Letter dated 02.06.2009 in exercise of their power under Sections 61 and 62 of the A.P. Co-operative Societies Act, 1964, as expeditiously as possible. This Court, by order dated 17.06.2009, while admitting the present main writ petition, granted interim directions in W.P.M.P. No. 15104 of 2009 directing the respondents to settle the claims of the petitioners. The petitioners now complaining that the respondents have not complied with the said order, have filed the present contempt case to punish the respondents for contempt. Respondent Nos. 1 and 2 having received notices in the contempt case, filed separate counters, the contents of which are more or less similar. Heard the learned counsel for the petitioners, the learned Government Pleader for Co-operation for respondent No.1 and the learned counsel for respondent No.2. Before proceeding to consider the contempt alleged against the respondents in the contempt case, it may be noticed as to how the interim order, non-compliance of which is alleged in the contempt case, came to be passed. This Court taking note of the fact that similar writ petitions were admitted, and considering the fact that a learned Judge of this Court, while admitting similar writ petition in W.P. No. 7430 of 2009, passed orders dated 09.04.2009 in W.P.M.P. No. 9762 of 2009, granting interim directions as prayed for, following the said order, by order dated 17.06.2009, while admitting the present writ petition, granted interim directions in W.P.M.P. No. 15104 of 2009 directing the respondents to settle the claims of the petitioners. Now it may be noticed whether the respondents are justified in not complying with the interim order. As noted supra, this Court passed the interim order, following similar interim orders passed by a learned Judge of this Court in similar writ petitions, which are pending. The interim order, admittedly, has been passed without there being any counter filed by the respondents. After receipt of notice in the contempt case, the respondents filed counters both in the writ petitions as well as in the contempt case. Though the respondents have taken a stand in the counters that respondent No.1 is not competent to entertain and settle the disputes of the petitioners and that as per the powers delegated in respect of primary societies vide G.O. Ms. No.34, Agriculture and Co- operation Department, dated 16.01.1989, the Deputy Registrar, Golkonda Division, the authority competent to entertain the claims; that the petitioners have to make the claim within period of limitation; that there is no provision in the A.P. Co-operative Societies Act, 1964 to entertain petitions suo motu for settlement of disputes; that as per the provisions of Rule 49 of the A.P. Co-operative Societies Rules, claim petitions have to be filed before the competent authority, I am not inclined to go into the merits thereof, for they are matters to be considered in the main writ petition. However, as can be seen from the counters of the respondents, the elected Managing Committee of the Society, is said to have authorized the Secretary, Sri. A. Krishna Murthy, to maintain the records and to conduct day to day transactions, but the said person, by misusing his official position, had collected deposits from both members and non-members and absconded and that a case of cheating has been registered against him. That though a Persons-in- Chare Committee consisting of five members was appointed, which ordered an enquiry under Section 51 of the A.P. Co-operative Societies Act, 1964 and the Enquiry Officer having conducted the enquiry submitted his report, but the said Persons-in-Charge Committee, has been replaced by the Government vide G.O. Ms. No. 1299, Agriculture and Co-operation Department, dated 08.10.2009, appointing a new Persons-in-Charge Committee, which is now discharging its duties. That the Divisional Co-operative Officer, Golkonda, Hyderabad, who is the authority competent to settle the claims, has initiated follow up action by issuing notices to the ex- Managing Committee for recovery of the misappropriated amounts of the society. This apart, it is brought to the notice of the Court that there are four categories of members (114 members; 166 members who retired and; 2340 non-members and kith and kin of members). That in all, their deposits are worth Rs.56,82,53,765/- (liability of the society), and as of now several cases are pending before this Court, in which the amounts claimed is about Rs.1,16,86,778/-, while the amount available in the bank as on 12.12.2009 is about Rs.1,90,08,704/-. Since the interim order, non-compliance of which is alleged in the contempt case has been passed without the counter of the respondents, and considering poor financial position of the society, particularly the quantum of amount available with the society, which forms a miniscule of the total liability of the society, and having regard to the fact that already several cases are pending before the Court and as already the competent authority has already initiated steps for recovery of the misappropriated amount by issuing notices to the concerned, and inasmuch as the respondents have already filed counters in the writ petition, and as the learned Judge before whom the writ petitions are listed, is said to have directed them to be listed for hearing after two weeks, and having regard to the circumstances under which the respondents are placed, I am of the considered opinion that no contempt can be alleged against the respondents for non- compliance of the interim orders. Hence, the contempt case is dismissed. The Registry is directed to list this writ petition for hearing along with connected writ petitions before the Court having provision to deal with matters relating to Co-operative Department. No costs. ___________________ N.V. RAMANA, J. Dated: 27th January, 2010 KSR