HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17300 of 2001 Date: November 26, 2010 Before: 1. B. Krishna Reddy & 2 others. … Petitioners And 1. The Government of Andhra Pradesh, rep. by its Secretary, Cooperative Department, Hyderabad & 4 others. … Respondents * * * HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.17300 of 2001 ORDER: The petitioners assail the proceedings dated 01.5.2001 issued by the District Collector, Kurnool according sanction for their prosecution in connection with the alleged misappropriation of funds of Gonegandla Primary Agricultural Cooperative Society and the commission of other offences. 2. The petitioners were secretaries of Gonegandla Primary Agricultural Cooperative Society, Kurnool District, and they were sought to be prosecuted for certain offences allegedly committed by them. 3. This Court, by order dated 20.8.2001, granted suspension of the impugned proceedings dated 01.5.2001, which was extended thereafter. 4. It is relevant to note that the District Collector was only delegated the powers of the Registrar of Cooperative Societies for limited purposes. In so far as the power to accord sanction for prosecution is concerned, the same vested only in the Registrar. There was no delegation of such power to the District Collector. This issue has already been considered by this Court in W.P. No.3887 of 2001 which was disposed of by order dated 08.3.2001, wherein a learned Judge of this Court set aside similar proceedings passed by the District Collector, Kurnool, according sanction for prosecution of a secretary of another cooperative society. Further, the Divisional Cooperative Officer, Adoni, the 4th respondent in this writ petition, fairly conceded this aspect in his counter. 5. In that view of the matter, the impugned proceedings dated 01.5.2001 are bereft of jurisdiction and are accordingly set aside. 6. The writ petition is allowed, but in the circumstances, without any order as to costs. ___________________ SANJAY KUMAR, J Date: November 26, 2010. BSB