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2022 Supreme(AP) 695

SUBBA REDDY SATTI
Abbina Dathatreya – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Appellant : P.R.K. Amerandra Kumar.
For the Respondent: Yaswanth Gade, Pavan Kumar Pasupuleti.

ORDER :

The above writ petition is filed seeking Writ of Mandamus to declare the sale certificate issued by 2nd respondent in Letter No.431/2022 dated 30.09.2022 under sub rule 14 (v) of the Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short “Rules 1964”) in favour of 8th respondent in relation to property covered in R.S.No.465-1, 2 & 3, of an extent of Ac.0.48 cents, Ac.3.73 cents, Ac.1.04 cents, in total Ac.5.25 cents, as illegal, arbitrary to the contrary to the Andhra Pradesh Cooperative Societies Act, 1964 (for short “Act 1964”).

2. (a) The facts germane to decide the case are that 5th respondent is a Primary Agricultural Cooperative Credit Society Limited registered under the provisions of the Act 1964 and Rules 1964; 7th respondent, one of the members of the Society took loan from the Society by mortgaging his lands; that 7th respondent committed default in payment of loan; that 5th respondent filed claim under Section 71 of the Act 1964 for recovery of dues before the Arbitrator/sale officer, office of the Deputy Registrar, DCCB Ltd., Eluru; that Arbitrator/Sale officer after enquiry issued certificates vide Nos.242/15-16, 243/15-16, 246/15-16, 253/15-

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