THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.605 of 2006 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents on 05.01.2006 in threatening to attach the Tractor Trolley and the lands admeasuring Acs.27.23 guntas of the petitioner covered by Survey Nos.358, 140 and 370 situated at Yellur Village, Bejjur Mandal, Adilabad District, without following the procedure prescribed under the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’), as illegal and arbitrary. The petitioner is an agriculturist. He is a member of the third respondent - Primary Agricultural Cooperative Credit Society Limited, Yellur Village, Bejjur Mandal, Adilabad District. He availed a loan of Rs.3,00,000/- from the third respondent for purchase of Tractor and Trolley. The loan was repayable in 9 yearly instalments @ Rs.69,717/- per year with interest @18% per annum commencing from 01.02.1999 and end by 01.02.2008. Further, as a measure of security, he mortgaged the agricultural lands admeasuring Acs.15.88 Cents, Acs.10.88 Cents and Ac.1.65 cents covered by Survey Nos.358, 140 and 310, respectively, situated at Yellur Village, Bejjur Mandal, Adilabad District, in favour of the third respondent. It is the grievance of the petitioner that he has already paid an amount of Rs.2,47,000/- on various dates to the third respondent. In spite of the same, without giving details of the amounts due to the third respondent and without obtaining any Award under Section 61 of the Act or a Certificate under Section 71 of the Act, the respondents are taking steps to attach the property of the petitioner forcefully and illegally. The first and third respondents have filed counter-affidavits. In the counter-affidavit filed by the third respondent, while denying various allegations made by the petitioner, it is stated that as the petitioner was default in payment of the instalment amount, the answering respondent approached the first respondent - Registrar of Cooperative Societies, Adilabad, and obtained Certificate under Section 71 of the Act. It is further stated that the answering respondent was merged in the Primary Agricultural Cooperative Credit Society Limited, Rebbena, which in turn, issued the notice demanding the amounts payable by the petitioner with regard to his loan account. It is also stated that balance amount of Rs.2,47,346/- is payable by the petitioner. In similar lines, the first respondent filed counter-affidavit. This writ petition was filed in 2006 and no interim orders are passed. None of the counsel is in a position to state whether the amount due by the petitioner is paid or not. No particulars of award or a Certificate obtained under Section 71 of the Act are indicated in the counter-affidavits. It is stated that the third respondent was merged in the Primary Agricultural Cooperative Credit Society Limited, Rebbena. In the above circumstances, as much as the notice, which is questioned in the present writ petition, is only a demand notice but not a notice for attachment, I deem it appropriate to direct the respondents that if any amounts are due from the petitioner, the third respondent shall issue further demand notice to him by giving details of his loan account and by indicating the amount due from him. Further, if any amounts are payable by the petitioner, the third respondent is directed to permit him to pay such amount within a period of three (3) months from the date of receipt of issuance of demand notice by it. If due amount is not paid, the respondents shall issue notice to the petitioner before taking any further step for attachment of tractor trolley or aforesaid lands given towards security by him, and take steps in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 3rd FEBRUARY, 2011. kvni