IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 322 of 2009 Between: Nimmala Manikyala Rao, S/o. Venkata Ratnam, Adavikolanu, Nidamarru Mandal, West Godavari District. ..... PETITIONER AND 1 The Deputy Registrar of Cooperative Societies, Divisional Cooperative Officer, Eluru, West Godavari District. 2 The District Cooperative Officer/Joint Registrar, West Godavari District, Eluru, West Godavari District. 3 The Commissioner for Cooperation & Registrar of Cooperative Societies, Government of Andhra Pradesh, Gruhakalpa, Opp : Gandhi Bhavan, Nampally, Hyderabad. 4 Adavikolanu Large Size Cooperative Society, Adavikolanu, Nidamarru Mandal, West Godavari District rep by its Secretary .....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 an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in passing surcharge orders in Rc.No. 1071/2006-C, under Sec. 60(1) of the APCS Act, 1964 is arbitrary, illegal, contrary to law, opposed to the canons of natural justice and due to total non-application of mind and liable to be set aside. Counsel for the Petitioner:MR.Y.V.RAVI PRASAD Counsel for Respondent Nos.1 to 3: GP FOR COOPERATION The Court made the following : ORDER: This writ petition is filed by the petitioner seeking a writ of mandamus declaring the action of the first respondent in passing surcharge orders in Rc.No.1071/2006-C under Section 60(1) of the Andhra Pradesh Cooperative Societies Act, 1964 (For short, the Act), as illegal and arbitrary. Heard both sides. There is no necessity of going into all the details. As against the order passed under Section 60(1) of the Act, the petitioner has an effective alternative remedy of appeal before the Cooperative Tribunal under the Act. Instead of availing such remedy, the petitioner has straightaway filed the present writ petition. There are no extraordinary grounds for entertaining this writ petition. However, the learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition. Accordingly, the Writ Petition is dismissed as withdrawn giving liberty to the petitioner to file a regular statutory appeal before the Cooperative Tribunal within a period of two weeks from the date of receipt of a copy of this order. On filing such appeal, the Tribunal shall not raise any objection as to limitation. _____________ C.V.RAMULU, J Date:20.01.2009 Note: CC by one week (Bo) sj