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TARLADA RAJASEKHAR RAO
K. Radha Bai – Appellant
Versus
Joint Registrar/Managing Director, A. P. Co-operative Housing Societies Federation Limited – Respondent
ORDER :
(Tarlada Rajasekhar Rao, J.) :
The writ petition is filed under Article 226 of the Constitution of India seeking the following relief :
2. Hea
Payments made to a third party do not constitute valid discharge of debt obligations to the primary creditor under cooperative society regulations.
The court affirmed that prior judicial decisions are binding and that internal payment arrangements do not negate loan obligations under cooperative society regulations.
An application under Rule 52 (13) (i) of the Andhra Pradesh Cooperative Societies Rules, 1964, to set aside a sale of mortgaged property must be filed within 30 days from the date of sale. Failure to....
The court reaffirmed that the right to notice and opportunity to be heard is fundamental to natural justice and must be observed in administrative actions.
The court established that failure to provide notice and opportunity to be heard renders administrative actions invalid under the principles of natural justice.
A sale officer may proceed to sell a defaulter's properties other than mortgaged property in applying for debt recovery if suitable under the cooperative society's regulations.
The main legal point established in the judgment is the validity of the award against the petitioner and the direction for the petitioner to seek waiver of penal interest through a fresh representati....
The jurisdiction to cancel registered sale deeds under Section 61 of the Andhra Pradesh Cooperative Societies Act lies with civil courts, not the Cooperative Tribunal.
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