ALA POOLA Vs. STATE OF TELANGANA
LAWS(APH)-2019-3-61
HIGH COURT OF ANDHRA PRADESH
Decided on March 19,2019

Ala Poola Appellant
VERSUS
State of Telangana Respondents


Referred Judgements :-

CHUNDURU VENKATA SUBRAHMANIYAM VS. STATE [REFERRED TO]


JUDGEMENT

P. Naveen Rao, J. - (1.)Heard learned counsel for petitioners Sri D Goverdhana Chary, learned Government Pleader for respondents 1 to 4 and learned counsel for 5th respondent Sri M.S.N.Prasad.
(2.)Petitioners are members of Managing Committee of The Muthyal Rao Cooperative Housing Society Limited/4th respondent (for short referred to as 'the Society'). Said Managing Committee was elected on 25.1.2015 for a term of five years. It appears based on the complaint lodged by Ex-President of the society and some members with the Commissioner for Cooperation and Registrar of Cooperative Societies/2nd respondent alleging financial irregularities, enquiry under Sec. 51 of the Telangana State Cooperative Societies Act, 1964 (for short the Act, 1964) was ordered. Thereafter notice dated 17.12.2016 was issued to the President and individual members calling explanation as to why action should not be initiated for superseding the Managing Committee. Contending that enquiry under Sec. 51 and notice of supersession under Sec. 34 (1) of the Act, 1964 is ex-facie illegal, petitioners filed W P No. 1129 of 2017.
(3.)While pending consideration of the said writ petition, order of supersession was passed on 13.4.2017 superseding the Managing Committee of the society. Aggrieved thereby, petitioners filed W P No. 13651 of 2017. This Court by order dated 18.4.2017 granted interim suspension. The writ petition was disposed of by order dated 19.3.2018 taking due note of the remedy of appeal available under the Act, 1964 before the Cooperative Tribunal and granting liberty to petitioners to file such appeal within two weeks and on filing such appeal to dispose of such appeal within four weeks. The Court also directed continuation of interim order granted on 18.4.2017 till disposal of the appeal. Objecting to the observation made by the Court that the order was passed with consent of both parties, Review I.A.No. 1 of 2018 was filed on 25.4.2018. However, even before the Review was taken up for consideration, petitioners filed appeal before the Cooperative Tribunal on 14.6.2018, which was numbered as Appeal (SR) No. 223 of 2018. Appeal (SR) No. 223 of 2018 was returned with office objection on 26.6.2018. The objection raised by the Office of the Cooperative Tribunal was that two weeks time granted by the High Court for filing appeal lapsed, therefore, appeal was not admissible.
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