IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 20817 of 2004 Between: Ch.Malla Reddy, S/o Ella Reddy, Dilalpur PACS, Gajwel Mandal, Medak District ..... PETITIONER AND 1 The Deputy Registrar of Coop.Societies, Siddipet, Medak District 2 The Doulatabad PACS, Doulatabad Mandal, Medak District rep.by its Chairman/PIC .....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 a Writ, Order or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to the impugned notice of sale and Form No.9 issued by the 1st respondent dated 11-10- 2004 as the same are highly illegal, arbitrary and violative of Art.14 of the Constitution of India and without jurisdiction and contrary to the provisions of A.P.Cooperative Societies Act and Rules framed thereunder and also violative of principles of natural justice Counsel for the Petitioner:MREATHAKOTA VENKATA RAO Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : ORAL ORDER: The petitioner was a former Sarpanch of Daulatabad Primary Agricultural Cooperative Society. On allegations of misappropriation of the Society funds while functioning as Secretary, surcharge proceedings were initiated against him, whereat he was found guilty of misappropriation of funds to an extent of Rs.18,834/-, plus interest. As the petitioner failed to deposit the amount, execution proceedings were initiated and by the order impugned, his property i.e., land in an extent of Ac.7.18 cents in the specified survey numbers in Chandlapuram Village, Chinna Kodur Mandal, Medak District, was attached and notified for sale for realization of Rs.22,527/- plus penal interest. Assailing the same, the writ petition is filed. By an order dated 11.11.2004, this Court granted interim stay of all further proceedings, pursuant to the attachment and consequent sale notice, on condition that the petitioner deposits an amount of Rs.22,000/-. It is represented by the learned Government Pleader for Cooperation that the petitioner has not only deposited the amount of Rs.22,000/-, but has also paid up the entire amount due to the 2nd respondent-Society as per the surcharge order. It is further represented by the learned Government Pleader that the E.P. could not be closed despite the above developments, in view of the pendency of the writ petition and the interim order herein and that in the circumstances, the writ petition be disposed of. In the facts and circumstances, the writ petition is disposed of. No further orders are necessary as the petitioner has paid the entire surcharge amount due and payable to the 2nd respondent-Society and in view of this development, the 1st respondent shall close the EP proceedings after raising the attachment on the petitioner’s property and shall rescind the sale notice, issued. There shall be no order as to costs. GODA RAGHURAM, J Date: 17.4.2008 cvm