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.4420 of 2008 Between: Gottipati Venkateswarlu S/o.Janardhan Naidu Jaladanki Primary Agricultural Cooperative Society, Jaladanki Mandal, Nellore district. ..... PETITIONER AND 1 Jaladanki Primary Agricultural Cooperative Society Ltd. Rep. by its President, Jaladanki, Nellore District. 2 The Divisional Co-Operative Officer, Kavali, Nellore District. 3 The District Collector, Nellore District Nellore. .....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 any writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of 1st respondent removing the petitioner from the Vice- President/Director of the 1st respondent's society by the Executive Committee Meeting dt. 8.2.2008 and the consequent General Body Meeting dt. 25.2.2008 is illegal, arbitrary, and is against the principles of natural justice and law as contemplated under Andhra Pradesh Co-Operative Societies Act by setting aside the same and pass such other order or orders. Counsel for the Petitioner: MR.M.SREE RAMA MURTHY Counsel for the Respondent No.1: Mrs.B.VIJAYALAXMI Counsel for the Respondent Nos.2 & 3: GP FOR COOPERATION The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.4420 of 2008 ORDER: The Petitioner filed the present writ petition with the following prayer: “To issue Writ of Mandamus declaring the action of 1st respondent removing the petitioner from the Vice- President/Director of the 1st respondent's society by the Executive Committee Meeting dt. 8.2.2008 and the consequent General Body Meeting dt. 25.2.2008 as illegal, arbitrary, and is against the principles of natural justice and law as contemplated under Andhra Pradesh Co-Operative Societies Act by setting aside the same.” Having perused the order dated 02.01.2008, impugned in this writ petition, it is clear that the said order was passed under Sec.21- A(j) of the Andhra Pradesh Cooperative Societies Act, 1964 (hereinafter referred to as ‘the Act’). Any order passed under the said provision of law is appealable under Sec.76 of the Act. As the petitioner approached this Court without exhausting the remedy of appeal as provided under Sec.76 of the Act, I am not inclined to entertain the present writ petition. In that view of the matter, the Writ Petition is dismissed at the stage of admission, giving liberty to the petitioner to approach the appellate authority and file an appeal as provided under Sec.76 of the Act. However, as it is contended by the learned counsel for the petitioner that order impugned is in violation of principles of natural justice and without notice, this Court is of the view that there may be interim suspension of the said order, for a period of 20 days from today, and the petitioner is directed to file appeal as provided under Sec.76 of the Act and obtain necessary orders from the appellate authority in the meantime. ________________________________ GOPALA KRISHNA TAMADA,J Dated: 10.03.2008 Dsr Note: Issue copy in two days B/o Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Jaladanki Primary Agricultural Cooperative Society Ltd. Rep. by its President, Jaladanki, Nellore District. 2 The Divisional Co-Operative Officer, Kavali, Nellore District. 3 The District Collector, Nellore District Nellore. 4. 2CCs to 5. 2CD copies Form-NIC-OGS/WP{KURR}