IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.3432 of 2006 Between: Pancheti Srinivasulu and four others. … Petitioners And The Prohibition & Excise Superintendent, Kavali, Nellore District and two others. … Respondents Counsel for the petitioners: Sri Ch.C.Krishna Reddy. Counsel for the respondents: AGP for Prohibition & Excise. This Court made the following: ORDER:- Order dated 26-1-2006 passed by respondent No.1 superseding the Managing Committee of the Toddy Tappers Co-operative Society, Somasila, (for short “the Society”) is assailed in this Writ Petition. At the hearing, it is admitted by Sri Ch.C.Krishna Reddy, learned counsel for the petitioners, that the order impugned in this Writ Petition is appealable under Section 76 of the A.P. Co-operative Societies Act, 1964 before the Tribunal concerned. He, however, stated that since no proper opportunity was afforded to the members of the Managing Committee of the Society by the enquiry officer, on whose report the Managing Committee was superseded, the Writ Petition can be entertained. He placed reliance on the judgment of this Court in A.Suribabu Vs. Registrar of Co- op., Societies – 1999 (6) ALT 239 - in support of his contention. The law is well settled that a Writ Petition can be entertained, even when an alternative remedy is available, if the order is passed in violation of the principles of natural justice. In the instant case, the petitioners caused a reply notice issued through their lawyer to the show cause notice. A perusal of the said reply notice shows that nowhere it was pleaded that enquiry was conducted in violation of principles of natural justice. Having not raised this contention in the explanation submitted to the show cause notice, it is not permissible for the petitioners to raise such a contention in the Writ Petition for the first time. Therefore, I do not find any reason to entertain this Writ Petition and decide the same on merits when the petitioners have an effective alternative remedy of approaching the Co- operative Tribunal by way of an appeal. The Writ Petition is, therefore, dismissed with liberty to the petitioners to question the order impugned in this Writ Petition by filing an appeal. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:24-6-2009 MNR