Andhra Pradesh High Court
Judges : A.R.LAKSHAMANAN, V.V.S.RAO
Katuri Venkateswara Rao - Appellant
Versus
A.P.Co-operative Appellate Tribunal, Vijayawada - Respondent
Decided On : 01-03-02
Andhra Pradesh Co-operative Societies Act 1964 - Section 71 - Tribunal - Notice of attachment of properties – Challenged - Appeals were filed on several grounds contending that awards were passed contrary to law that they were not given opportunity in enquiry proceedings under Section 71 and also in execution proceedings and respondent herein has failed to take into consideration No Dues Certificates issued Secretary respondent herein - According to appellants they were kept in dark during enquiry proceedings and that impugned proceedings were issued behind their back - It was also contended that they had discharged entire amounts loans and obtained No Dues Certificates from secretary respondent herein – Held, Counsel for appellants reiterated contentions that were advanced before first respondent Tribunal and also before single Judge - Opinion that orders passed by Co-operative Appellate Tribunal and order single Judge are perfectly in order and do not call for any interference by this Court in this appeal - It is seen from records that during pendency Writ Petition this Court issued a direction to appellants to pay pending disposal writ Petition – Order accordingly
( 1 ) HEARD Mr. Vedula Venkataramana, learned Counsel for the appellant, learned government Pleader appearing for the respondent No. 1, Mr. B. Adinarayana Rao, learned Counsel appearing for respondents 2 and 5 and Mr. K. Rajanna representing mr. K. L. N. Raghavendra Reddy learned counsel for respondents 3 and 4.
( 2 ) THE Writ Appeal is directed against an order dated 27th November, 2001 passed by a learned single Judge of this Court in w. P. No. 14006 of 2000 dismissing the Writ petition and affirming the orders passed by the first respondent herein, the Co-operative appellate Tribunal.
( 3 ) THE Writ Petition was filed challenging the orders dated 25-7-2000 passed by the first respondent herein i. e. , the Co-operative appellate Tribunal in O. A. Nos. 105 to 112, 115 and 117 of 1999.
( 4 ) WE have perused both the orders passed by the learned single Judge and also the Co-operative Appellate Tribunal.
( 5 ) THE first appellant herein is the husband of the 3rd appellant and the father of appellants 2,4 and 5. He is now holding the post of the President of the 3rd respondent-Co-operative Society. During the period from 1993 of 1996 also he was the president of the Society. During that period all the appellants herein had availed of crop and tractor loans. As they had allegedly failed to repay the loans obtained, the competent authority under the Andhra pradesh Co-operative Societies Act, 1964 ( the Act for brevity), initiated proceeding? against them and issued Certificates under section 71 of the Act, pursuant to which execution proceedings were instituted and notice of attachment of properties dated 11-7-1998 were issued. Challenging the said notices, the appellants filed W. P. No. 19712 of 1998 and obtained stay of all further proceedings in the execution proceedings. However, the Writ Petition was withdrawn later. And appeals were filed before the 1st respondent-Tribunal herein.
( 6 ) IT is seen from the record that the 1st appellant filed O. As. 107,108 and 112 of 1999 challenging the orders and decree in case No. 35/98-99 dated 17-7-1998; the 2nd appellant filed O. As. 105,106,109 and 111 of 1999 seeking to set aside the orders and decree in case Nos. 31, 32 33 and 25 of 1998-99 respectively; the 3rd appellant filed o. A. 110 of 1999 against the orders passed in case No. 20 of 1997-98 dated 8-1-1998; the 4th appellant filed O. A. 117 of 1999 seeking to set aside the orders passed in Case No. 21 of 1997-98 dated 8-1-1998 by the 2nd respondent herein; and the 5th appellant filed O. A. 115 of 1999 challenging the orders passed in Case No. 80 of 1997-98 dated 8-1-1998.
( 7 ) THE appeals were filed on several grounds contending that the awards were passed contrary to law, that they were not given opportunity in the enquiry proceedings under Section 71 and also in the execution proceedings and that the 2nd respondent herein has failed to take into consideration the No Dues Certificates issued by the Secretary, the 4th respondent herein. According to the appellants, they were kept in dark during the enquiry proceedings and that the impugned proceedings were issued behind their back. It was also contended that they had discharged the entire amounts of loans and obtained No Dues Certificates from the secretary, the 4th respondent herein. According to them, at the time of repayment of the amount, the Secretary reported that the receipt-books were not available with him, that he had handed over the records, receipt-books etc. , to the auditor and that, therefore, he had issued only No dues certificates instead of receipts after repayment of the loans by the appellants. It was further contended that the respondents never summoned them before conducting enquiry under Section 71 of the Co- operative Societies Act and that they were also not furnished with copies of the awards. The learned Counsel for the respondents contended before the learned Tribunal that the appellants did not clear the loan amounts paid to t
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