THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26214 of 2007 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents in issuing proceedings Rc.No.60/P&B/07- 1/497 dated 25.6.2007 and seizing fixed deposit receipt No.FKDC.No.052816 dated 14.8.2003 for a sum of Rs.1,12,038/- as arbitrary and illegal and consequently direct the respondent Bank to release the said amount. The case has got a checkered history. It appears, recovery proceedings under Section 60 of A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) were initiated against the petitioner and the same attained finality before this Court and amounts were recovered from his retiral benefits. According to the petitioner, simultaneously recovery proceedings were also initiated against the borrowers (against whom he purported to have advanced loans illegally/irregularly) and amounts were recovered from them. The grievance of the petitioner is that the respondents cannot recover the amounts simultaneously both from his retiral benefits and also from the borrowers. Under those circumstances, prima facie I am of the opinion that it is not justified that the department could simultaneously recover the amounts from the petitioner as well as from the borrowers. To meet the ends of justice, petitioner is directed to make a detailed representation before the Divisional Cooperative Officer, Karimnagar, who dealt with recovery proceedings under Section 60 of the Act. On filing such representation, the Divisional Cooperative Officer, Karimnagar shall consider the same and if there are any excess amounts recovered in the guise of recovery proceedings, the same shall be considered for refund to the petitioner from out of the amounts recovered from him. This exercise shall be done within a period of three months from the date of receipt of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 22.1.2008 Note: Office is directed to mark copy of this order to the Divisional Cooperative Officer, Karimnagar. B/o DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.26214 of 2007 22.1.2008 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.26214 of 2007 Date: 22nd January, 2008 Between: R.Rajaiah .. Petitioner And The District Cooperative Central Bank Ltd., represented by its Special Category Deputy Registrar/on Special Duty, Karimnagar district & others. .. Respondents