IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 63 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 10/11/2008 in WP NO : 19552 OF 2008 on the file of the High Court.) Between: V. Leela Krishna, S/o. Veera Raju, East Godavari District. ..... APPELLANT AND 1 The Government of Andhra Pradesh Rep. by District Cooperative Officer, East Godavari District at Kakinada. 2 The Deputy Registrar of Cooperative Societies - Cum- Divisional Cooperative Officer, Rajahmundry, East Godavari District. 3 The Valluru Sri Satyanarayana Primary Agricultural Cooperative Credit Society Ltd. No. CC 78, Valluru Village, Kapileswarapuram Mandal, East Godavari Diswtrict, Rep. by its Secretary. 4 Putta Satyanarayana, S/o. Surya Rao, R/o. 3-110, Valluru Village, Kapileswarapuram Mandal, East Godavari District. .....RESPONDENTS Counsel for the Appellant: SMT.G.JYOTHI KIRAN Counsel for the Respondents: GP FOR COOPERATION The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 63 of 2009 JUDGMENT: (per Hon’ble Sri Justice VILAS V. AFZULPURKAR) This appeal is filed against the order dated 10.11.2008 passed by the learned single Judge allowing the writ petition viz., WP No.19552 of 2008 and setting aside the order of the Deputy Registrar of Co-operative Societies, Rajahmundry, dated 5.9.2008. Under the order impugned in the writ petition, the Deputy Registrar had declared that the writ petitioner ceased to be the President of Valluru PACS on account of disqualification incurred by him in not convening the meetings of the Managing Committee, under Section 32(3) of the A.P. Co-operative Societies Act. The writ petition was filed questioning the aforesaid order on the ground that the Deputy Registrar has no power to pass such order declaring cessation of the President of the Co-operative society, and such power is exercisable only by the General Body. While upholding the said argument, the learned single Judge held that the 4th respondent in the writ petition approached the District Collector and though the District Collector is not vested with the power, he has issued a direction to the 2nd respondent i.e., the Deputy Registrar, who has passed the order impugned in the writ petition. Further, the learned single Judge having observed that the General Body is vested with power to decide the issue involved in the writ petition and the 2nd respondent-Deputy Registrar had no jurisdiction, allowed the writ petition. Questioning the said order, the present appeal is preferred by the 4th respondent in the writ petition. We have heard the learned Counsel for the appellant and the learned Government Pleader as well as the learned Counsel for the contesting respondents herein. When this matter has come up for hearing, it has been brought to the notice of the Court that the similar issue was the subject matter in WA.No.116 of 2009, dated 11.2.2009, which was decided by Division Bench of this Court, where one of us (viz., TMK, J) is a member. In that writ appeal, which was a converse case, it was held that under Section 4(2) of the Act, the Registrar has got power to declare cessation. The said Division Bench further held that the declaration of cessation under Section 32(3) of the Act is automatic and accordingly, the said writ appeal was disposed of. The issue decided in WA No.116 of 2009 in squarely applicable to the facts of the present case also. It is further to be noticed that in the present case, the order declaring cessation is passed by the Deputy Registrar, Co-operative Societies, under his proceedings dated 5.9.2008, in the capacity as delegate of the Registrar and as such, cannot be said to be without jurisdiction. The order challenged in the writ petition is found to be in accordance with law as per the decision of the Division Bench in WA No.116 of 2009. The order impugned in this appeal is thus not sustainable and is accordingly set aside. Accordingly, the writ appeal is allowed and consequently, the writ petition No.19552 of 2008 is dismissed. No order as to costs. _______________________ Justice T.Meena Kumari ___________________________ Justice Vilas V. Afzulpurkar Dated: 24th April, 2009 nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO :63 of 2009 (Judgment of the Division Bench delivered by the Hon’ble Sri Justice VILAS V. AFZULPURKAR) 24th April, 2009