IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO:26678 of 2001 Between: Gandham Basavaiah, S/o.Chalpathi Rao R/o.Nawabpalem, T.P.Gudem Mandal, W.G.District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Agrl. & Co-op. Department, Rep. by its Secretary, Secretariat, Hyderabad. 2 Special Court under Andhra Pradesh Co-op. Societies Act, Vijayawada, Krishna District. 3 Nawabpalem Large Sized Co-op Scoiety, Rep. by its Secretary, Nawabpalem, T.P.Gudem Mandal, W.G.Disrict. .....RESPONDENTS Counsel for the Petitioner:NONE APPEARED Counsel for the Respondents: GP FOR COOPERATION The Court made the following : ORDER: This writ petition is ﬁled for a writ of prohibition to prohibit the Special Court constituted under the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) at Vijayawada from proceeding with the trial of C.C.No.75 of 2000. At the hearing, there is no representation for the petitioner. Heard the learned Government Pleader for Cooperation and perused the record. The grievance of the petitioner is that his case, which was being tried by the Special Court constituted under Section 83-A of the Act, is not being transferred to the First Class Magistrate or the Court of Metropolitan Magistrate despite omission of Section 83-A by amendment Act No.22 of 2001 with effect from 25.04.2001. The learned Government Pleader for Cooperation fairly conceded that with the omission of the said provision, by which the special Courts were constituted for trying the oﬀences under the provisions of the Act, the Special Court cannot proceed with the criminal case of the petitioner. In view of the same, the writ petition is allowed. Respondent No.1 is directed to transfer the case to the competent Court under Section 83(1) of the Act as substituted by Act 22 of 2001, if not already done. C.V.NAGARJUNA REDDY, J 19th SEPTEMBER, 2008. kvni