IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7251 of 2007 Between: 1. Malladi Satyanarayana S/o.Dharma Raju, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 2. Ponnamanda Venkata Ratnam S/o. R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 3. Odugu Venkateswaramma W/o. Odugu Nageswara Rao R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 4. Barre Narasimha Murthy S/o. Mariyya R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 5. Odugu Peddairaju S/o. Venkata Narasaiah, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 6. Malladi Tatayya @ Adiyya S/o. Narayana Murthym, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 7. Malladi Venkateswarlu S/o. Sattiraju, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 8. Odugu Satti raju S/o. Ramaswamy, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 9. Malladi Anjaneyulu S/o. Satti Raju R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. 10. Jella Veerla Venkaiah S/o. Saidayya, R/o. Vemuladeevi , Mogalthur Mandal, West Godavari District. ..... PETITIONERS AND 1. The Registrar of Mutually Aided Cooperative Societies, A.P. Hyderabad. 2 The District Cooperative Officer, West Godavari District, Eluru. 3 The Vemuladeevi Mutually Aided Agricultural Cooperative Society Ltd., Vemuladeevi , Narsapur Mandal, West Godavari District. Rep. by its Secretary. 4 The President, The Vemuladeevi Mutually Aided Agricultural Cooperative Society Ltd., Vemuladeevi , Narsapur Mandal, West Godavari 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 may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 1st Respondent in not taking further course of action on the basis of the initiation of enquiry vide Rc No. 30531/2004/Legal (MACS) dt. 4-10- 2004 against the 4th Respondent and the action of the respondents 3 and 4 in taking coercive steps to recover the loan amount without following the due process of law is illegal, arbitrary, contrary to law and unconstitutional and issue a consequential direction to the 1st Respondent to take further course of action on the basis of the report of the enquiry Officer and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: SMT.M.S.TIRUMALA RANI Counsel for the Respondent Nos.1 and 2: GP FOR COOPERATION Counsel for the Respondent Nos.3 AND 4 : Smt.Bobba Vijayalakshmi The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.7251 of 2007 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the first respondent in not taking further action on the basis of enquiry vide Rc.No0.30531/2004/Legal (MACS) dated 04.10.2004 against the fourth respondent and the action of respondents 3 and 4 in taking coercive steps to recover loan amount from the petitioners without following due process of law as arbitrary and illegal. This Court, while ordering notice before admission, by order dated 13.04.2007, granted stay of further proceedings on condition of the petitioners paying half of the amount mentioned in the demand notice within a period of three weeks from that day. Thereafter, the matter was adjourned so many a time. Despite the same, it appears the petitioners did not comply with the said order and the learned counsel also could not clarify as to whether the said order is complied with or not, as she has no instructions in this regard. However, the learned Standing Counsel for respondents 3 and 4 submits that the said order is not complied with. In view of the said non-compliance, this Court is of the view that the petitioners are not entitled for the relief sought for. Accordingly, the writ petition is dismissed, at the stage of admission. There shall be no order as to costs. __________ 10.03.2008 sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies