IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE DR JUSTICE G.YETHIRAJULU WRIT PETITION NO : 7860 of 2003 Between: C.Venkata Subbaraya Sastry S/o Sivasankaram, (Hindu), R/o Rajahmundry, West Godavari District. ..... PETITIONER AND 1 A.P.Co-Op Tribunal, Vijayawada. 2 The Penumadam Primary Agricultural Co-Operative Credit Society, Penumadam , Poduru Mandal, West Godavari District. 3 S.C.D.R./OSD/DCCB Limited, Eluru, West Godavari District. 4 V.Mandeswara Rao S/o Venkata Subba Rao ,(Hindu), Penumadam Village, Poduru Mandal, West Godavari District. ..... 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 a Writ of Certiorari, or any other appropriate Writ, Order or Direction, calling for the records relating to C1.No.4855/98-99 dated 22.1.1999 on the file of the 3rd respondent as confirmed o\in O.A.No.134/2001in order dated 1.2.2003 on the file of the 1st respondent and quash the same after declaring it as illegal, null and void and for a consequential order to set aside the order in C1.No.4855/98-99 dated 22.1.1999 on the file of the 3rd respondent as confirmed in O.A.No.134/2001 in order dated 1.2.2003 on the file of the 1st respondent. Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent No.: SMT.BOBBA VIJAYALAKSHMI The Court made the following: ORDER: This Writ Petition has been filed by the petitioner to call for the records relating to Cl.No.4855/98-99 on the file of the third respondent, as confirmed in O.A.No.134 of 2001 by the first respondent, through order dated 01.02.2003 and quash the same after declaring it as illegal and null and void. A certificate under Section 71 (1) of the Andhra Pradesh Cooperative Societies Act VII of 1964 (for short ‘the Act’) was issued by the third respondent demanding to pay the amount due to it. However, the order of the first respondent discloses that no enquiry was conducted before issuing the said certificate. An enquiry has to be conducted as per the mandatory Section 71 (2) of the Act. Since the certificate was issued without conducting any enquiry, it is liable to be quashed. Accordingly, the Writ Petition is allowed. The certificate issued by the third respondent and the consequential order passed by the first respondent are set aside. The third respondent is at liberty to initiate the proceedings against the petitioner for release of the amount according to law. No order as to costs. _________________ Dr.G. YETHIRAJULU, J Date: 18.02.2008 Isn ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 A.P.Co-op. Tribunal, Vijayawada. 2 The Penumadam Primary Agricultural Co-Operative Credit Society, Penumadam, Poduru Mandal, West Godavari District. 3 S.C.D.R./OSD/DCCB Limited, Eluru, West Godavari District. 4 V.Mandeswara Rao, S/o.Venkata Subbarao, Hindu, R/o.Penumadam Village, Poduru Mandal, W.G.District. 5. 2 CCs to 6. 2 CD copies