IMPORTANT POINT
The court established that failure to provide notice and opportunity to be heard renders administrative actions invalid under the principles of natural justice.

ORDER :

The Writ Petition No.8831 of 2023 is filed under Article 226 of Constitution of India for the following relief/s:

“…pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declare the action of the respondents issuing Form – 9 Notice to conduct auction of petitioner’s land admeasuring Ac. 20.75 cts in R.S.No.10/1, 11/1, 14/1, 21 and 212B of Vakalapudi Village, T. Narasapuram Mandal, Eluru District without issuing any notice to the petitioner and without following mandatory procedure under law and during pendency of enquiry under Sec.71 (1) of AP Cooperative Societies Act, 1964 is illegal, arbitrary and unconstitutional and consequently direct the respondents to set aside all the proceedings against the petitioner’s property in the interest of Justice and pass such other order or orders…..

The Writ Petition No.8832 of 2023 is filed under Article 226 of Constitution of India for the following relief/s:

“…pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declare the action of the respondents issuing Form – 9 Notice to conduct auction of petitioner’s land admeasuring Ac. 16.38 cts in R.S.No.10/1, 11/1, 14/1, 21 and 21/2C of Vakalapudi Village, T. Narasapuram Mandal, Eluru District without issuing any notice to the petitioner and without following mandatory procedure under law and during pendency of enquiry under Sec.71 (1) of AP Cooperative Societies Act, 1964 is illegal, arbitrary and unconstitutional and consequently direct the respondents to set aside all the proceedings against the petitioner’s property in the interest of Justice and pass such other order or orders…..

2. It is the anguish of the petitioners that the orders delivered by the respondents, based on the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (hereinafter called the Act), are without any notice as contemplated under the Act.

3. Learned counsel for the petitioners submit that the petitioners did not receive any notice prior to 2017 demanding to pay the due amount under Section 71(1) of the Act and no summon is issued to appear before the Deputy Registrar, to conduct any enquiry and no opportunity of hearing is provided to the petitioners to defend. The respondent authorities issued recovery certificate violating the principles of natural justice and basing on the said recovery certificate, the respondent authorities might have initiated auction proceedings against the petitioners and as per the notice issued under Sec.71 (1) of the Act, the outstanding amount prior to 2019 does not exceed Rs.3 to 4 lakhs and the petitioners unable to understand how the respondent authorities calculated the due amount and ascertained that the due amount is Rs.64,69,432/-.

4. Learned counsel for the respondents filed counter affidavit and stated that the contention of the petitioners is not true and further stated that the 5th respondent conducted trial under provisions of the Act, by giving adequate opportunities to the petitioners and issued 71 Certificate in Rc.No.3560/16-17 dated 31.03.2017, and after lapse of more than 6 years, the petitioners are stating that they have not received any notices etc., if the petitioners have any disputes in this regard, they have to file appeal under Section 76 of APCS Act 1964, before Andhra Pradesh Cooperative Tribunal at Vijayawada, without availing said remedy, the petitioners approached this Court, countered that the Writ Petitions are not maintainable, when there is a remedy available under provisions of the Andhra Pradesh Cooperative Societies Act, 1964.

5. Insofar as the issuance of show cause notice is concerned, the learned counsel appearing for the respondent would contend that the respondent issued show cause notice to the petitioners which were duly acknowledged by the petitioners. Despite receipt of show cause notice, the petitioners did not turn up and therefore, it is not open to the writ petitioner to contend that no show cause