THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 19744 OF 2003 Dated: 23.09.2010 Between: Gudi Venkateswara Rao ..... PETITIONER AND The Person-in-charge/Chair person Surepally PA.C.S and others .....RESPONDENTS The Court made the following : THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No. 19744 OF 2003 ORDER: This writ petition is filed seeking a declaration that the order passed by the 2nd respondent dated 28.12.2001 under Section 60(1) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, ‘the Act’) directing recovery of a sum of Rs.1,33,945-38 together with interest thereon at 18% per annum towards funds allegedly misappropriated by the petitioner, is arbitrary and illegal. Heard the learned counsel for the petitioner and perused the material available on record. As could be seen, the matter involves several disputed questions of fact which cannot be gone into by this Court in exercise of the writ jurisdiction under Article 226 of the Constitution of India and therefore, the petitioner ought to have availed the alternative remedy of appeal available under Section 76 of the Act. Accordingly, without going into the merits of the case, the Writ Petition is disposed of permitting the petitioner to prefer an appeal as provided under Section 76 of the Act within a period of four (4) weeks from today. In case the appeal is preferred within the time fixed above, the same shall be considered and decided following due process of law, as expeditiously as possible, preferably within a period of three (3) months from the date of filing the appeal. The amount deposited by the petitioner in compliance with the interim order granted by this Court in W.P.M.P.No.24753 of 2003 shall be subject to the result of the statutory appeal. No costs. ___________ G. ROHINI, J Date: 23.09.2010 Ivd