IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12499 of 2009 Between: N.Thikka Reddy S/o Late Narsi Reddy Rangapuram(V) Pebbair(M) Mahabubnagar District ..... PETITIONER AND 1 The Deputy Regitrar Divisional Cooperative Officer Wanaparthy,Mahabubnagar District 2 The Secretary P.A.C.S. Pebbair(P.A.C..S) Rangapur Pebbair(M) Mahabubnagar District 3 The Assistant Registrar (SDLCO Sale Officer,Pebbair PACS Pebbair,Mahabubnagar District .....RESPONDENT(S) 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 a writ in the nature of Mandamus declaring the action of the respondents in proposing to sell the lands of the petitioner to an extent of Ac 3.35 gts situated in Sy No.286 of Rangapuram(V) Pebbiar(M) Mahabubnagar District in pursuance of the Surcharge Proceedings Rc No 1430/1994-B dt 30-12- 1994 passed by the 1st respondent without giving any prior notice to the petitioner despite payment of Rs 55,000/- out of the demand of Rs 1,10,205/-as illegal arbitrary violation of principles of natural justice and the provisions of the A.P Cooperative Societies Act 1961 and the Rule 52 II (c) of the Rules and in violation of Article 21 of the Constitution of India and consequentially direct the respondents not to proceed with the sale proceedings without giving a reasonable opportunity to the petitioner for payment of the balance Counsel for the Petitioner:MR.K.V.RAJENDRA PRASAD Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : O R D E R:- The petitioner asserts that he was the President of the Primary Agricultural Co-operative Society, Rangapur, Pebbair Mandal, Mahaboobnagar District, in the year 1992 and served till 1995. While so, the 1st respondent conducted enquiry regarding the affairs of the society and issued surcharge orders dated 30.12.1994 against the petitioner for recovery of an amount of Rs.1,10,205/- and a complaint was also lodged against him which was registered as F.I.R. and subsequently numbered as C.C.No.92 of 1995 on the file of the Additional Judicial First Class Magistrate, Wanaparthy. In pursuance of the surcharge proceedings, the petitioner paid amount of Rs.55,000/- promising to pay the balance amount. Now, it is his grievance that under the guise of surcharge proceedings, the respondents, without issuing any prior notice, are proposing to sell away the petitioner’s agricultural land in an extent of Ac.3.38 guntas in Sy.No.286 situated in Rangapuram village, The learned counsel for the petitioner has submitted that the petitioner has already paid an amount of Rs.55.000/- out of the total amount of Rs.1,10,205/-, promising to pay the balance amount, but the respondents, without issuing any prior notice with regard to the demand of payment of balance amount, are trying to take steps to sell away his land, and the learned counsel requests that if some time is granted, the petitioner will pay the balance amount as demanded in the surcharge proceedings. The liability on the part of the petitioner to pay an amount of Rs.1,10,205/- is not disputed. Admittedly, even though, the petitioner paid a sum of Rs.55,000/-, the balance amount has not yet been paid so far. Under the circumstances, and having regard to the submission made by the learned counsel for the petitioner that the petitioner will pay the entire balance amount due, provided he is granted some time, this Court is inclined to dispose of the writ petition with the following directions: “The petitioner is directed to pay the balance amount due in pursuance of the surcharge proceedings within a period of one week from today, failing which, the respondents are at liberty to go ahead with the auction of sale of the properties belonging to the petitioner.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 26th June, 2009 bcj