G JAYAPAL REDDY Vs. GOVERNMENT OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
GOPU JAYAPAL REDDY
GOVT OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, FOOD AND AGRICULTURE DEPT., HYDERABAD
Click here to view full judgement.
(1.)When the petition for suspension of the impugned order came up for hearing, all the counsel including Mr. S. Lakshma Reddy learned counsel for Respondent No. 4 represented that the main Writ Petition may be disposed of. It is accordingly done.
(2.)The matter arises under the A.P. Co-operative Societies Act, 1964 (here in after called the Act'). It relates to merger or amalgamation of Ameenabad Primary Agricultural Co-operative Society (hereinafter called 'Ameenabad Society') with Chennaraopet Large Scale Co-operative Society Ltd., (hereinafter called 'Chennaraopet Society') of which the petitioner herein is a member. The point for determination is whether it is permissible for the Government in exercise of its revisional power under Sec.77 of the Act to reverse the order of the Commissioner for Co-operation and the Registrar for Co-operative Societies (hereinafter called 'the Commissioner') passed under sub-section (5) of Section 15-A of the Act, without assigning any reasons.
(3.)The facts of the case are as follows: The area of operation of Chennaraopet Society extends over 16 villages including Ameenabad, Chandrugonda and papaiahpet for which there are separate Primary Agricultural Co-operative Societies. Some of the residents of Ameenabad, Chandrugonda and of Papaiahpet are also the members of Chennaraopet Society. Thus, there was overlapping of jurisdiction of Societies in that area. For the purpose of avoiding such overlapping jurisdiction, the Collector (Co-operation) Warangal (hereinafter called 'the Collector') issued a notification dated 20th March, 1987 proposing merger/amalgamation of Ameenabad Society and two other societies with Chennaraopet Society and calling for objections/suggestions therefor. After considering the objections/ suggestions, the Collector passed proceedings Re. No. 1414/87 dated 20th April, 1987 ordering merger of Ameenabad Society and the other two societies with Chennaraopet Society. Aggrieved by the said proceedings, the President of Ameenabad Society filed an appeal before the Commissioner and the same was disposed of by an order dated 8th May, 1987 in Appeal No. 3/1987 retaining Ameenabad Society independently and cancelling its merger with Chennaraopet Society. The said order was questioned by the members of Chennaraopet Society in W.P.No. 13368/1987 before this Court. This Court by its order dated 20th November, 1987 set aside the order in Appeal No. 3/87 dated 8th May, 1987 and directed the Commissioner to consider the matter afresh after giving opportunity to all the concerned parties. In pursuance thereof, the Commissioner, having considered the matter afresh, remanded the case by his proceedings dated 20th January, 1988, to the Collector, who instead of considering the matter afresh issued a notification dated 11th March, 1988 under Section 15-A of the Act, proposing to identify Chennaraopet Society as viable society and for merger of Ameenabad Society, Papaiahpet PACS and Chandrugonda PACS with Chennaraopet Society and calling for objections/ suggestions therefor. After considering the objections/suggestions received in response to the notification dated 11 th March, 1988, the Collector passed orders inRc.No.1414/87-D dated 20th August, 1988 identifying Chennaraopet Society as viable society and ordering the merger of Ameenabad Society and the other two societies with Chennaraopet Society so as to avoid overlapping jurisdiction. The said order was upheld by the Commissioner by an order dated 9th October, 1988 in Appeal No. 6/88-SW filed by the President of the Ameenabad Society. Elaborate reasons were given in the said order. However, on a revision petition filed by the President of Ameenabad Society, the Government of Andhra Pradesh, in G.O.RT.No.355, Food and Agriculture (Co-op-Ill) Department dated 13th February, 1992 set aside the order of the Commissioner and directed that Ameenabad Society should be continued as a separate society. Questioning the said order, the present Writ Petition is filed by a member of Chennaraopet Society.
Copyright © Regent Computronics Pvt.Ltd.