THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO: 18808 OF 2007 DATED: 22.1.2008 Between: Burle Rami Naidu Petitioner And The District Cooperative Officer, Cooperative Department, Government of A.P. Hyderabad and others. Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO. 18808 of 2007 ORDER: This writ petition is filed to declare the order in Memo No.6011/Coop.V(1)/2007-1 dated 24.4.2007 of the 5th respondent – Government of Andhra Pradesh represented by its Principal Secretary, Agriculture and Cooperation as arbitrary, and illegal and consequently to direct the 2nd respondent-Deputy Registrar of Cooperative Societies, Visakhapatnam to hold the meeting of the Managing Committee of the 3rd respondent – Pandrangi Primary Agricultural Cooperative Society Limited in terms of Section 32(5)(a) of the Cooperative Societies Act, 1964 (for short ‘the Act’). The petitioner is the member of the 3rd respondent cooperative society registered under the provisions of the Act. It is the case of the petitioner that since the 5th respondent, who is the incharge President of the society has failed to conduct any meeting of the Committee from February, 2007 onwards as required under Section 32(3) of the Act, he along with other 8 members of the Managing Committee issued notice to the functional Registrar on 2.8.2007 requesting him to convene the meeting of the Managing Committee of the society. The grievance of the petitioner is that even after receiving the notice no action has been taken to convene the meeting. This Court on 7.9.2007 issued notice to the respondents and pursuant to the said notice the respondents have filed counter affidavits. It is the case of the respondents that pursuant to the notice issued by the petitioner along with other members on 17.4.2007, the Deputy Registrar has issued orders under Section 32(5)(a) of the Act vide proceedings dated 18.4.2007 authorising the Sub-Divisional Cooperative Officer, Visakhapatnam to conduct meeting as per the requisition made by 9 members of the Managing Committee of the Society dated 28.3.2007 and also consequential representation dated 17.4.2007. Basing on the said orders, the authorised officer has issued a notice to all the members fixing the date of meeting as 26.4.2007 at 11.00 a.m. in the office of the society. The 4th respondent herein has filed a revision petition under Section 77 of the Act before the Hon’ble Minister for Cooperation challenging the validity of the notice under Section 32(5)(a) of the Act. While entertaining the revision, the Honourable Minister has passed orders on 23.4.2007 granting interim stay and, therefore, no meeting as such was conducted. Heard the learned counsel for the petitioner as well as the learned Government Pleader. The learned counsel for the petitioner contends that there is no power to the Government to entertain the so called revision filed by the 4th respondent as the notice impugned in the revision is appealable under Section 76 of the Act. On the other hand, the learned Government Pleader submits that as against the notice issued by the Assistant Registrar for convening the meeting, no appeal is provided for under the Act and that the Government has already called for a report and, therefore, a direction may be issued to the 5th respondent to dispose of the revision petition expeditiously. In the circumstances, since the matter is already pending before the Government and a report has already been called for, as submitted by the learned Government Pleader, without going into the merits of the matter, the writ petition is disposed of directing the 5th respondent to dispose of the revision petition filed by the 4th respondent pending before it within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. _______________ N.V.RAMANA,J DATE: 22.1.2008 Note: Issue CC in two days (B/o) msv