COMMON ORDER:

Writ Petition No.29801 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…. to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the Proceedings in Rc.No.283/2023/DCO-A Dt.03.10.2023 issued by the 2nd Respondent by ordering an inspection under Sec. 52 of the A.P.Cooperative Societies Act into the affairs of the Kovvur Division Employees Cooperative Credit Society Limited No.WR 397, Kovvur, E.G.District, AP as highly illegal, without power or authority and contrary to the purport of Sec.52 of the APCS Act and consequently to set aside the same and pass.….”

Writ Petition No.29334 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“…....to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the Proceedings in Rc.No.283/2022/DCO-A Dt.03.10.2023 issued by the 2nd Respondent by ordering an inspection under Sec.52 of the A.P.Cooperative Societies Act into the affairs of the Gowthami Cooperative House Building Society Limited No.WR 626, Kovvur, East Godavari District, AP as highly illegal, without power or authority and contrary to the purport of Sec.51 of the APCS Act and consequently to set aside the same……”

Both writ petitions are filed by the same petitioner challenging the impugned proceedings issued against two different societies at Kovvur by the Deputy Registrar of Cooperative Societies and District Cooperative Officer, East Godavari District, Rajamahendravaram. As the issue involved in these petitions is one and the same, I am of the view that it is appropriate to decide both the petitions by common order taking Writ Petition No.29801 of 2023 as leading petition.

The facts narrated in W.P.No.29801 of 2023, in brief, are as follows:

The petitioner is the President of the Kovvuru Division Employees Cooperative Credit Society Limited, which is a primary cooperative society registered under the provisions of the A.P. Cooperative Societies Act with the employees of Kovvuru Division Cooperative Department bearing registration No.WR 397, Kovvur and has been discharging his duties to the utmost satisfaction of one and all. The object behind registering the said society is to protect the interest of its members and espouse their causes before the concerned authorities and to see the welfare of its members.

While the things stood thus, respondent No.1 vide proceedings in Rc.No.283/2023/DCO-A dated 03.10.2023 ordered for inspection under Section 52 of the Andhra Pradesh Cooperative Societies Act (for short “APCS Act”) in to the affairs of the Kovwur Division Employees Cooperative Credit Society Limited and appointed respondent No.3 as an enquiry officer. The said proceedings discloses that Smt. K.Uma Parvati, DLCO (O) Rajamahendravaram has conducted enquiry into the affairs of the society and reported that the record of the society is not being maintained properly and the society is collecting irregular deposits from non member societies i.e. PACS’s and diverted the funds in the shape of members loans and recommended to order for a statutory enquiry to fix the liability against the Managing Committee members of the society.

The said proceedings are impugned before this Court on the ground that as per Section 52 of the APCS Act, the Deputy Registrar of Cooperative Societies is not competent authority to issue the impugned proceedings and the impugned proceedings are not in accordance with Section 52 of the APCS Act.

Respondent No.2 has filed detailed counter contending that the impugned proceedings are passed in accordance with Section

52 of the APCS Act as the proceedings are initiated in Suo moto. It is further contended that the Managing Committee of the society by misusing their capacity as Cooperative Department Officers have collected huge deposits from some of the Primary Agriculture Cooperative Credit Societies(PACSs) again