THE HON’BLE MR JUSTICE L. NARASIMHA REDDY WRIT PETITION No.25707 of 2007 ORDER: The petitioner functioned as Supervisor in Ganapavaram Primary Agricultural Cooperative Society, which has since been merged with Chintayapalem Primary Agricultural Cooperative Society, Guntur District. Enquiry under Section 51 of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) was conducted into the affairs of the Society. It was pointed out that the petitioner and certain others are responsible for misappropriation of the funds. On that basis, surcharge proceedings under Section 60 of the Act were initiated vide notice, dated 22.10.2007, by respondent No.2. Simultaneously, respondent No.2 directed conditional attachment of the properties of the petitioner and initiated prosecution. The petitioner feels aggrieved by the same. It is urged that respondent No.2 has no jurisdiction either to order conditional attachment or to initiate prosecution even while the surcharge proceedings are pending. Respondent No.2 filed a counter-affidavit justifying the action initiated. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. The petitioner feels aggrieved by the conditional attachment and initiation of prosecution against him, even while the surcharge proceedings are pending. The necessity to deal with various contentions in detail is obviated on account of the fact that surcharge proceedings have been concluded vide orders, dated 17.05.2010, and that the petitioner was exonerated of the surcharge. Consequently, the conditional attachment would cease and the prosecution in Crime No. 59 of 2007 on the file of Karlapalem Police Station would become untenable. The writ petition is accordingly allowed. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:01.07.2010. kdl