IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B. SUDERSHAN REDDY and THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION NO : 11553 of 2004 Between: 1 M/s.Tarakaprabhu Publishers (Tirupathi)Pvt.Ltd., rep.by its M.D.Sri K.Ramakrishna prasad, sitauted at ward No.14,Kalahasti Road, Survey No.827, DRY, H/o.Thuklwakkam Village, Renigunta village, Chittoor Dist.Tirupathi. 2 M/s.Tarakaprabhu Publishers (p)Ltd., rep.by its M.D.Sri P.Narasimha Rao Situated at 7/1, Industrial Area, Azamabad, Hyderabad. 3 Dasari Narayana Rao, S/o.Sai Raju, R/o.6-3-346/4, Dwarakapuri Colony, Punjagutta, Hyderabad. 4 P.Narasimha Rao, S/o.Venkayya, R/o.11-3-393/1, Srinivasa nagar, Secunderabad. 5 Ms.Hemalaya Kumari D/o.Dasari Narayana Rao, R/o.6-3-346/4, Dwarakapuri Colony, Punjagutta, Hyderabad. ..... PETITIONER(S) AND 1 The Central Registrar/Arbitrary, A.P.Mahesh Cooperative Urban Bank Ltd.Hyd. 2 A.P.Mahesh Cooperative Urban Bank Ltd., (Multi state Schedule Bank) rep.by its G.M.5-3-989, III floor, NS Road, Hyderabad. .....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 issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus- i) declaring section 84 of the Multi state cooperative societies Act, 2002 as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice as there is no provision for appeal as against the award passed by the Arbitrator and consequently set aside the same; further ii) declaring the Award passed by the 1st respondent in Rc.No.23/05-03 dated 20-5-2004 directing the petitioners to pay an amount of Rs,1,56,77,611- 57 as on 31-3-2004 with further interest from 1-4-2004, without holding any enquiry or without giving any opportunity to file written statement as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the provisions of the Multi state cooperative societies Act and consequently set aside the same; Counsel for the Petitioner:MR.NANDIGAM KRISHANA RAO Counsel for the Respondent No.1:GOVERNMENT PLEADER FOR CO- OPERATION Counsel for the Respondent No.2: MR.MURALI NARAYAN BUNG The Court made the following : ORDER(per BRSR,J): The petitioners seek leave of this Court to withdraw the writ petition on the ground that the matter has been settled out of the Court. The writ petition shall accordingly stand dismissed as withdrawn. No costs. ______________________ (B.SUDERSHAN REDDY,J) Dated:26-08-2004 ____________________ (K.C.BHANU,J) gj/msv To 1 The Central Registrar/Arbitrary, A.P.Mahesh Cooperative Urban Bank Ltd.Hyd. 2. Two C.Cs. to the Government Pleader for Co-operation, High Court of Andhra Pradesh, Hyderabad. 3. Two C.D. copies.