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1974 Supreme(AP) 141

S.OBUL REDDY, A.V.KRISHNA RAO
T. Jagannadha Reddy – Appellant
Versus
Managing Committee, Co-operative Marketing Society Limited – Respondent


S. OBUL REDDI, C. J.

( 1 ) THE writ appeal is directed against the judgment of our learned brother, Alladi Kuppuswami, I. in W. P. No. 2896 of 1973 allowing the writ petition filed for the issue of a writ of prohibition restraining the District Collector (Cooperation) Warangal, from proceeding further in pursuance of his proceedings dated 13-4-73 issued under Section 34 of the Andhra Pradesh Co-operative Societies Act, hereinafter referred to as the Act proposing to supersede the Managing Committee of the 1st Respondent-Society.

( 2 ) THE question that came up for consideration before our learned brother was whether the District Collector has power to issue the show-cause notice under Section 34. It was contended before our learned brother that the District Collector has no jurisdiction to issue the impugned notice inasmuch as be was not empowered under the schedule (G. O. Ms. No. 38 Planning and Co-operation Department, dated 22-9-1970) to exercise the powers of a Registrar. Our learned brother was of the view that the petitioner-society (1st respondent herein) was not a primary Society within the meaning of G. O. Ms. No. 38 read with Rule 2 (j) of the Rules, and therefore upheld







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