THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24551 of 2008 ORDER: The petitioner is a Member of a Primary Agricultural Co-operative Society of Dosakayalapalli Village Korukonda Mandal, East Godavari District. He submitted a representation to the Divisional Co-operative Oﬃcer, 1st respondent herein, stating inter alia that the 3rd respondent secured loan from the society by mortgaging an item of immovable property and even while the loan subsisted, he transferred the property in favour of his niece. It was also urged that the transferee has also raised independent loan on the property. On these and other allegations, the petitioner prayed that the 3rd respondent be disqualiﬁed from holding the office of President. On receipt of the representation of the petitioner, the 1st respondent got the matter enquired through the 2nd respondent. It has emerged that the property was gifted by the 3rd respondent on 08.02.2008 and the borrowed amount was repaid with interest on 28.05.2008. Taking this into account, the 1st respondent informed the petitioner, vide proceedings dated 04.10.2008, that no further action is necessary. The petitioner feels aggrieved by the same. Heard the learned counsel for the petitioner and the learned Government Pleader for Co- operation. The complaint of the petitioner against the 3rd respondent was that the latter alienated a mortgaged item of property, even while the loan was subsisting. Though the mortgaged property was transferred, the entire amount was repaid on 28.05.2008. There is no prohibition in law against the owner of the property to sell the same, even while the mortgage is subsisting. In such cases, what is sold is an equity of redemption, and the transfer would be subject to obligation under mortgage. The mere fact that the transferred item of property was mortgaged by the transferee for the second time hardly makes any diﬀerence. It is only oﬀered as a security and the time for repayment has not yet reached. The 1st respondent has examined the matter objectively and this Court is not inclined to interfere with the impugned proceedings. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 10.11.2008 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.24551 of 2008 Date: 10.11.2008 JSU