HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4357 of 2004 Date: 12.11.2010 Between : Pasumarthi John Victor. …….Petitioner And The General Manager, The Prakasam District Co- operative Central Bank Ltd., Ongole & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.4357 of 2004 ORDER : In this writ petition, the petitioner questions the notice, dated 03.02.2004, issued by the 2nd respondent- Deputy Registrar of Co-operative Societies in Form No.9 under Rule 52 of the A.P. Co-operative Society Rules, 1964. By the aforesaid notice, the petitioner’s house was proposed to be auctioned to realize an amount of Rs.1,66,196/- with interest and expenditure. It is the case of the petitioner that he is not due any amount to the 3rd respondent-Society, but inspite of the same, the impugned notice is issued. Counter affidavit is filed by the 1st respondent, stating that as there was an allegation of misappropriation of funds of the 3rd respondent-Society by the petitioner, an inquiry was conducted and an order of surcharge, dated 30th June 2002, was passed in Rc.No. 1913/2001-C, under Section 60 of the A.P.Co-operative Societies Act, 1964. It is stated that to enforce the said order of surcharge in execution proceedings, this notice is issued. When the writ petition was listed for hearing on 01.10.2010, as there was no representation for the petitioner, it was posted under the caption ‘for dismissal’ on 07.10.2010. On 07.10.2010, in view of the representation made, it was ordered to be deleted from the caption ‘for dismissal’ and was further adjourned. Even today, when the matter is called, again there is no representation on behalf of the petitioner. In that view of the matter, the writ petition is dismissed for non-prosecution. No order as to costs. ______________________ R. SUBHASH REDDY, J 12th November 2010 ajr