IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14546 of 2006 Between: S. Srinivasa Rao S/o. Late Gurunadham Chilkur Mandal, Nalgonda District. ..... PETITIONER AND 1 The General Manager, Central Co-op. Bank, Nalgonda. 2 The Special Cadre Deputy Registrar, Officer on Special Duty, N.D.C.C. Bank Limited, Nalgonda. .....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 writ order or Direction more particularly one in the nature of writ of Certiorari, to call for the records pertaining to the impugned auction notification dt. 5-6-2006 proposing to conduct auction of the lands admeasuring Ac 8-10 Gts,. situated in Sy,.Nos. 61/2, 61/8, 68/2, 70/5, 118/4, 168/2 and 158/3 of Gunjalur Village, Chivemula Mandal, Nalgonda District, as illegal, arbitrary and consequently direct the respondents herein not to take any coercive steps till the records are verified. Counsel for the Petitioner: MR.PALLENAGESWAR RAO Counsel for the Respondents: MR.AMARNATH GOUD THODUPUNURI The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14546 of 2006 ORDER: This writ petition is filed challenging the auction notice, dated 05.06.2006, proposing sale of immovable properties belonging to the petitioner in execution of the surcharge order, dated 30.04.1983, passed by the second respondent under Section 51 of A.P.Cooperative Societies Act, 1964. This Court while issuing Rule nisi, granted interim stay of auction subject to deposit of a sum of Rs.10,000/-. Since the petitioner complied with the same, the interim order was made absolute on 15.12.2006. At the outset, it is to be noted that the impugned notice was issued pursuant to the surcharge order, dated 30.04.1983. In case the petitioner is aggrieved by the said order, it is for him to challenge the said order by working out the appropriate remedy as available under law. The impugned auction notice based on the surcharge order, which stands good as on today, cannot be held to be either arbitrary or illegal. In the circumstances, the writ petition is disposed of granting leave and liberty to the petitioner to challenge the order of surcharge, dated 30.04.1983, by working out the appropriate remedy as available under law. No costs. _______________ 26.06.2008 VGB