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2016 Supreme(AP) 12

CHALLA KODANDA RAM
T. Narayana Murthy – Appellant
Versus
Deputy Registrar of Co-operative Societies, Srikakulam – Respondent


Advocate Appeared:
For the Petitioner:E. Satyanarayana, representing Srinivas, Polavarapu, Advocates.
For the Respondents: Government Pleader for Co-operation.

Judgment :

This Writ Petition is filed for issuance of Writ of Certiorari to quash the order dated 28.07.2008 passed in O.A.No.76 of 2005 by the A.P. Cooperative Tribunal, at Visakhapatnam confirming the orders of the first respondent in RC.No.4992/89-E, dated 19.09.2005.

Brief facts of the case are that; the petitioner worked as President of the Primary Agricultural Cooperative Society, Srimukhalingam, Jalumuru Mandal, Srikakulam District in the year 1989. One N. Sudarshan Rao worked as Secretary of the said society at that point of time. Based on the inspection report made under Section 52 of the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’), surcharge proceedings were initiated against the petitioner. Through orders dated 19.4.1994 of the first respondent, the petitioner was fastened with liability of payment of Rs.27,196/- with interest at 18% per annum from 16.01.1990. The said order of the first respondent was challenged before the A.P. Cooperative Tribunal in O.A.No.50 of 1994. The said OA was allowed by an order dated 12.10.1999 setting aside the surcharge orders and remanding the matter for fresh enquiry on the ground that no adequate opportunity was provided to










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