IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5483 of 2008 Between: Abbireddy Surya Rao S/o.Seetha Ramaiah, R/o.Kanthampalem(V) Chinthalapudi(M) W.G Dist ..... PETITIONER AND 1 The Deputy Registrar/Officer on Special Duty The Dist Co-Operative Central Bank Ltd Eluru W.G Dist 2 The Pulla Large Sized Co-Operative Society Ltd No.4164 Pulla W.G Dist .....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 or order or direction more particularly writ of Mandamus by declaring the imposition of condition of deposit of 50% of the amount involved in C.B.C.E.P.No. 10790/2001-02 dt.8-12- 2007 as required under Rule-11 of A.P.C.T.Rules 1994 on or before 14- 03-2008 while granting interim suspension of the operation of the order in C.B.C.E.P.No.10790/2001-02 dt.8-12-2007 including taking possession of the scheduled property passed in M.A No.7/2008 in S.R No.108/2008 is illegal arbitrary unreasonable and contrary to law. Counsel for the Petitioner: MR.Y.SUBRAHMANYAM Counsel for the Respondent No.1: Smt.Bobba Vijaya Lakshmi . Counsel for Respondent No.2: … The Court made the following: THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT PETITION NO.5483 of 2008 ORDER: This Writ Petition is filed with the following prayer: “Issue any Writ or order or direction more particularly Writ of Mandamus by declaring the imposition of condition of deposit of 50% of the amount involved in CBCEP No.10790/2001-02 dated 8.12.2007 as required under Rule-11 of A.P.C.T.Rules, 1994 on or before 14.3.2008 while granting interim suspension of the operation of the order in CBCEP No.10790/2001-02 dated 8.12.2007 including taking possession of the schedule property passed in M.A.No.7/2008 in S.R.No.108/2008 is illegal, arbitrary, un reasonable and contrary to law and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice”. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for District Cooperative Central Bank Limited. 3. It is apparent that there are two appeals pending before the Co- operative Tribunal and questioning an order dated 12.9.2001 passed under Section 71 of A.P. Co-operative Societies Act, the petitioner preferred O.A.No.56 of 2007 before the Co-operative Tribunal. Thereafter, as the 1st respondent passed an order confirming the sale, he preferred another OA (SR) No.108 of 2008. When the property was about to be sold, the petitioner approached this Court by filing Writ Petition No.23812 of 2007 and on the basis of the representation made by the counsel for the petitioner that already 50% of the amount sought to be recovered is deposited, this Court was pleased to grant interim stay of confirmation of sale for a period of four weeks On 7.11.2007. However, the said order was not extended. Thereafter, to stay the confirmation of sale, 1st respondent passed an order directing the petitioner to deposit 50% of the amount, against which the present Writ Petition is filed. 4. It is to be noted that already 50% of the amount was deposited and if the impugned order is also given effect to, the entire amount involved in the recovery proceedings will be deemed to have been paid and the purpose of filing the appeals become an empty formality. Hence, there is no necessity for the petitioner to deposit the remaining 50% of the amount. 5. Accordingly this Writ Petition is allowed at the stage of admission and the impugned order dated 8.12.2007 is hereby set aside. There shall be no order as to cots. 6. As both the counsel agreed that they will co-operate with the enquiry in the appeals that are pending before the Co-operative Tribunal, the Co-operative Tribunal, Vijayawada is hereby directed to dispose of the said appeals within a period of eight weeks from the date of receipt of a copy of this order. --------------------------- 17.03.2008 SSR To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}