IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.20428 of 2008 Between: Manthana Komaraiah S/o. M. Durgaiah, R/o. H.No.8-1-91, Contractor Basthi, Bellampally, Adilabad District. ...PETITIONER AND 1 The Deputy Registrar of Co-Operative Societies-cum- Divisional Co- Operative Officer, Mancheriala, Adilabad District. 2 The Bellampally Co-Operative Urban Bank Ltd., Bellampally, Adilabad District. 3 The Colliery Manager, No.2 Incline, The Singereni Colleries Company Ltd., Mandamarri Area, Bellampally, Adilabad 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 writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the order in E.P.No.37/2000 dt. 31.03.2008 as illegal, improper, unjust arbitrary and contrary to principles of natural justice and consequently set aside the order of the 1st respondent in E.P.No.37/2000 dt. 31.03.2008 and consequential order of the 3rd respodent in Ref.MMR/AGT/SK.Gr/W/006/382, dt. 23.04.2008 in the interest of justice. Counsel for the Petitioner: MR.SURENDRA DESAI Counsel for the Respondents: MR.NANDIGAM KRISHNA RAO The Court made the following: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.20428 of 2008 ORDER: The petitioner challenges the order dated 23.04.2008 in E.P.No.37 of 2000 on the ﬁle of the ﬁrst respondent. The petitioner fell in arrears in clearing a loan, secured by him from the Bellampally Cooperative Urban Bank Limited-the second respondent herein. After an order of recovery was passed, the execution proceedings were initiated against the petitioner. Since he happens to be an employee of Singereni Collieries Company Limited-the third respondent herein, the ﬁrst respondent issued the impugned proceedings to the third respondent to withhold a sum of Rs.39,478/- (Rupees thirty nine thousand four hundred and seventy eight only). Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation and the learned Standing Counsel for the third respondent. The liability of the petitioner to pay the amount has already been determined under Section 61 of the Andhra Pradesh Cooperative Societies Act, 1963 (“the Act” for brevity). Since he failed to clear that amount, Execution Petition was filed. This Court cannot execute the rights of the parties in such proceedings. In case, the petitioner ﬁnds that there is any discrepancy in the amount or arrears, he has to avail the remedies available under Section 76 of the Act or Rule 52 of the Rules. The Writ Petition is dismissed leaving it open to the petitioner to avail the remedies under the Act and the Rules. _____________________ (L.NARASIMHA REDDY, J) 22nd September 2008 RRB