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.22046 of 2008 Between: 1 Madi Reddy Jaya Rami Reddy S/o. Late Chelama Reddy R/o. Madhavayapalem Village, Dakkili Mandal, Nellore Dist. 2 M. Venkata Reddy S/o. Narapu Reddy R/o. Madhavayapalem Village, Dakkili Mandal, Nellore Dist. 3 M. Madhava Reddy S/o. Late Adi Reddy R/o. Madhavayapalem Village, Dakkili Mandal, Nellore Dist. ...PETITIONERS AND 1 The Commissioner of Cooperative Societies, Hyderabad. 2 The Registrar of Cooperative Societies, Hyderabad. 3 The Deputy Registrar of Cooperative Societies Gudur, Nellore Dist. 4 The Secretary Primary Agricultural Cooperative Societies Balayapalli Mandal, Nellore Dist. 5 M. Raghava Reddy S/o. Chelma Reddy Balayapally PACS, Madhavayapalem, Dakkili Mandal, Nellore Dist. ...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 3rd respondent in initiating auction proceedings in respect of petitioner's lands situated in Survey Nos.64/5 to 8 in an extent of Ac.1.25 cents, in Survey No.64/9-10-11-12 in an extent of Ac.1.25 cents and land in Survey No.64/1-2-3-4 to an extent of 62.5 cents respectively of Madhavayapalem Village, Dakkili Mandal, Nellore Dist., in the auction to be held on dt.3-10-2008 at 11.00 a.m. and also not considering the representation of the petitioners dated 23-9-2008 as illegal, arbitrary and unconstitutional and consequently set aside the auction notiﬁcation issued under Form No.9 by the 3rd respondent dated 1-9-2008 putting sale of the petitioners lands by declaring as null and void. Counsel for the Petitioners: 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.22046 of 2008 ORDER: Petitioners challenge 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 petitioners state that the property, that is sought to be auctioned, belongs to them and the fifth respondent has nothing to do with the said property. Heard the learned counsel for the petitioners and the learned Government Pleader for Cooperation. Even if the contention advanced by the petitioners is taken as true, they have to approach the third respondent by ﬁling an application under Rule 52 of the A.P. Cooperative Societies Rules, 1964 (“the Rules” for brevity). A detailed procedure is prescribed therein and the claims of the petitioners 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 petitioners to move the third respondent with an application under Rule 52 of the Rules. It shall be open for the petitioners 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