HE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.26038 of 2011 16th September, 2011 Between :- K.Suryanarayana .. Petitioner And The State of Andhra Pradesh, Rep.by its Commissioner for Corporation And Registrar of Cooperative Societies Andhra Pradesh, Hyderabad And others .. Respondents HE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION No.26038 of 2011 ORDER:- This Writ Petition has been filed by Mr.K.Suryanarayna seeking a Mandamus declaring point No.9 of the Enquiry Report dated 15-7- 2011 conducted under Section 51 of the A.P.Cooperative Societies Act, 1964, and consequential point No.10 of the General Body Discussions to be held on 17-9-2011 at 4.00 p.m., as being illegal and arbitrary. The petitioner claims to be a member of Film Nagar Cooperative Housing Society Limited – 3rd respondent. The Commissioner for Cooperation and Registrar of Cooperative Societies – 1st respondent ordered an enquiry under Section 51 of the A.P.Cooperative Societies Act, 1964 under proceedings Rc.No.33392/2006-HG1, dated 17-3-2011. The Enquiry Officer recorded the sworn statement of the 4th respondent herein during the course of enquiry and submitted a report. The petitioner apprehending that certain points noted in the Enquiry Report may be taken up by the Society for discussion approached this Court to set aside the observations made by the Enquiry Officer under point No.9 in the Enquiry Report dated 15-7-2011. When the Writ Petition came up for admission, learned Government Pleader for Cooperation takes notice on behalf of respondents No.1 and 2. Heard learned Counsel appearing for the parties. Learned Counsel appearing for the petitioner submits that during the course of enquiry, 4th respondent denied of making any complaint but however asserted the allegations levelled in the report and therefore any finding recorded by the Enquiry Officer basing on the said statement of 4th respondent cannot be given effect. As on this day, no action has been initiated against the petitioner basing on the report submitted by the Enquiry Officer. If any action has been initiated basing on the Enquiry Report, the petitioner is at liberty to challenge the said action. Reserving the said liberty, the Writ Petition is dismissed at the admission stage. No order as to costs. _________________________ B.Seshasayana Reddy, J 16th September, 2011 NOTE:- Communicate the order copy by wire at party’s costs. (B/o. smr)