IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.22041 of 2008 Between: Bokkisam Narayana Swamy, S/o.Rama Krishnaiah, 58years, Occ: Business, R/o.Madhavayapalem, H.No.42, Assessment No.15, Dakkili Mandal, Nellore District. ...PETITIONER AND 1. The Commissioner of Cooperative Societies, Hyderabad. 2. The Registrar of Cooperative Societies, Hyderabad. 3. The Deputy Registrar of Cooperative Societies, Gudur, Nellore District. 4. The Secretary, Primary Agricultural Cooperative Society, Balayapalli Mandal, Nellore District. 5. M.Raghava Reddy, S/o.Chelma Reddy, 50 years, Occ: Ex.Secretary, Balayapally PACS, Madhavayapalem, Dakkili Mandal, Nellore 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the third respondent in issuing auction notiﬁcation in Form No.9 dated 01.09.2008 putting petitioner’s house bearing No.42 (Assessment No.15) of Mahdavayapalem, Dakkili Mandal, Nellore District and also in not considering his representation dated 23.09.2008 as illegal, arbitrary and unconstitutional and consequently direct the third respondent not to conduct auction insofar as petitioner’s house is concerned by setting aside the auction notice in Form No.9 dated 01.09.2008 issued by the third respondent in respect of petitioner’s house in house No.42 bearing assessment No.15 situated in Madhavayapalem Village, dakkili Mandal, Nellore District. Counsel for the Petitioner: MR.N.RAVI PRASAD Counsel for the Respondents: GP FOR COOPERATION The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.22041 of 2008 ORDER: Petitioner challenges the auction notice issued by the Deputy Registrar of Cooperative Societies, Gudur, Nellore District-the third respondent herein. The auction is being conducted in the process of recovering certain amount due from the ﬁfth respondent. The petitioner states that the property, that is sought to be auctioned, belongs to him and the fifth respondent has nothing to do with the said property. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. Even if the contention advanced by the petitioner is taken as true, he has to approach the third respondent by ﬁling an application under Rule 52 of the A.P. Cooperative Societies Rules, 1964 (“the Rules” for brevity). The detailed procedure is prescribed therein and the claim of the petitioner need to be determined by the third respondent. This Court cannot undertake such an exercise. The Writ Petition is disposed of, leaving it open to the petitioner to move the third respondent with an application under Rule 52 of the Rules. It shall be open for the petitioner to seek stay, pending adjudication of the claim under Rule 52 of the Rules. The proposed auction shall stand deferred by one week from today. _____________________ (L.NARASIMHA REDDY, J) 30th September 2008 RRB