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2004 Supreme(AP) 539

B.SUDERSHAN REDDY, K.C.BHANU
G. V. Jayachandra Chowdary – Appellant
Versus
Government Of A. P. – Respondent


B. SUDERSHAN REDDY, J.

( 1 ) IN this second round of litigation the constitutional validity of Section 12-A of the andhra Pradesh Co-operative Societies Act, 1964 (Act No. 7 of 1964) (for short the Act ) as substituted by Act No. 16 of 2003 is once again challenged and put in issue. The attack is based upon more or less similar grounds that were raised in the previous round of litigation that resulted in the decision in M. Krishnama Naidu and others v. State ofa. P. Factual backdrop:

( 2 ) THE petitioners herein are mainly aggrieved by the action of the respondents in proposing to transfer the assets or assets and liabilities of the co-operative sugar factories in question, in whole or in part, to any other society or person, etc. The orders passed by the Registrar of Co-operative societies, Andhra Pradesh under section 12-A (1) of the Act in purported public interest are challenged; and so also the consequential proceedings about which we shall refer in detail hereinafter.

( 3 ) IN M. Krishnama Naidu, this Court noticed the background facts leading to the policy decision of the State Government to make a provision for transfer of assets and liabilities of sick co-operative sugar f
































































































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