Court is of opinion that there are no merits in the writ petition.

This writ petition is filed under Article 226 of the Constitution of India, seeking a Writ of Certiorari to call for the records relating to O.A.No.17/2006, dated 20.11.2006 on the file of the A.P. Cooperative Tribunal at Vijayawada, and proceedings in E.P.No.1230/01-02 on the file of the 1st respondent and to quash the same including the sale held on 03.05.2005 and the sale confirmation proceedings dated 04.04.2007 of the 1st respondent.

2. Filtering the unnecessary details, the facts, which are required to be exposited for resolving the controversy in the present writ petition, are as under.

(a) One Sri Kanchakacharla Siva Nageswara Rao availed a loan of Rs.4,60,000/- from the 3rd respondent-Bank for his timber business for which petitioner stood as surety. In view of the failure to repay the said loan amount by the said Siva Nageswara Rao, the 3rd respondent-Bank pressed into service the provisions of the A.P. Cooperative Societies Act, 1964 (for brevity the Act) and filed an application under Section 71 (1) of the Act. The 1st respondent issued a certificate dated 28.02.2001 for recovery of the said amount with interest and penalties against the said Siva Nageswara Rao, father of respondents 4 and 5 herein. Thereafter, the 3rd respondent-Bank filed E.P.No.1230 of 2001-2002, for recovery of certificate amount and the 1st respondent entrusted the same to the 2nd respondent, who proposed to auction the properties of the petitioner i.e., four shops, by fixing the date of auction initially as 14.04.2005. He further postponed the same from 14.04.2005 to 19.04.2005 and there after from 19.04.2005 to 26.04.2005 and subsequently, to 3.05.2005 at the request of the 3rd respondent-Bank in view of the absence of bidders. Ultimately, in the auction held on 3.05.2005, the 6th respondent herein emerged as the highest bidder for Rs.3,24,000/-.

(b) Pending the above proceedings, the borrower, father of respondents 4 and 5, died on 2.12.2003. Assailing the said sale proceedings, the petitioner filed appeal in O.A.No.17 of 2006 under Section 76 of the Act before the A.P. Cooperative Tribunal, Vijayawada, raising a number of grounds including the failure on the part of the 3rd respondent-Bank in bringing the legal representatives of deceased K. Siva Nageswara Rao on record. The Tribunal by way of an order dated 20.11.2006, dismissed the said O.A.No.17 of 2006.

3. Calling in question the validity and legal acceptability of the order dated 20.11.2006 passed by the A.P. Cooperative Tribunal, dismissing O.A.No.17 of 2006 and thereby confirming the sale of the properties of the petitioner, the present writ petition has been filed.

4. This Court, while ordering Rule Nisi, on 01.05.2007 in W.P.M.P.No.12154 of 2007 granted interim stay taking into consideration the representation made on behalf of the petitioner that he deposited a sum of Rs.4,09,000/- as a condition precedent for granting stay, by the Tribunal.

5. Resisting the averments made in the affidavit filed in support of the writ petition, a counter affidavit is filed by the 6th respondent-auction purchaser.

6. Heard Sri G. Pedda Babu, learned counsel for the petitioner, Sri Nallapati Lakshmi Narayana, learned counsel for respondents1 to 3, Sri G. Rama Sarma, learned counsel for respondents 4 and 5 and Sri S. Subba Reddy, learned counsel for the 6th respondent-auction purchaser, apart from perusing the material available on record.

7. Contentions of Sri G. Pedda Babu, learned counsel for the petitioner

A) Impugned orders are illegal and suffer from material irregularities and are a result of total non-application of mind to the facts of the case and law.

B) Execution Proceedings were laid against late Sri K. Siva Nageswara Rao for which the petitioner stood as surety. Pending the E.P. proceedings the borrower Sri Siva Nageswara Rao died on 2.12.2003. The proceedings went on without bringing the legal representatives of deceased Siva Nageswara Rao on record in spite of the fact that the same be