APHC010009802023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 733/2023 Between:

1. G ORLA SATYAVENI, W/O LATE GORLA SIVA PRASAD, AGED ABOUT 29 YRS. HINDU, HOUSE WIFE, R/O H.NO.30- 7-13, GOLLALA VEEDHI, SURYANARAYANAPURAM, KAKINADA-533001. KAKINADA DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO CO-OPERATION DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, AMARAVATI GUNTUR DIST.

2. T HE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, KAKINADA-533001.

3. T HE KAKINADA COOPERATIVE BUILDING SOCIETY, LTD.8979, KAKINADA REP. BY ITS PRESIDENT, 13-4-13, RAMAYYA STREET, SURYARAOPETA, KAKINADA.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the auction notice Dt.08-11-2022 issued by the 2nd respondent at the active instance of the 3rd respondent in CEP No.156/16-17 for conduct of public auction in respect of the house property in extent of 44.83 (consisting in two items) sq. yards together with the western side madras terraced house portion bearing D.No.30- 7-13 in Ward No.13, Mantripragadavari Street, Kakinada within Kakinada sub-registry, at the office of the 3rd respondent on Dt.18-01-2023 without providing the true and genuine accounts of the loan account of the deceased Gorla Subrahmanyam and without giving credit the insurance claim amount of the deceased Gorla Subrahmanyam recovered from the insurance company and proclaiming to recover the alleged amount of Rs.12,79,482/- in spite of the fact of the loan borrowed and the registered mortgage is only for Rs.25,000/- as per the registered mortgage deed Dt.11-05-2012 contrary to the provisions A.P. Co-operative Societies Act 1964 and its rules as illegal, arbitrary, violative of the principles of natural justice and consequently set aside the same and grant such other orders.

IA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further proceedings pursuant to the auction notice Dt.08-11-2022 issued by the 2nd respondent at the active instance of the 3rd respondent in CEP No.156/16-17 for conduct of public auction of the mortgaged property contrary to mandatory provisions pending disposal of the main writ petition and grant such other orders.

IA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim stay order, dt.06-01-2023 passed in IA.No.1/2023 in WP.No.733/2023, in the interests of justice and pass such other orders.

IA NO: 3 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order issued in I.A.No.01/2023 in WP.No.733/2023 dated 06-01-2023 and dismiss the writ petition.

Counsel for the Petitioner: 1. SRINIVASA RAO PAPPU Counsel for the Respondent(S):

1. JOSYULA BHASKARA RAO

2. GP FOR COOPERATION The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.733 of 2023

ORDER:

1. The present Writ Petition is filed questioning the auction notice issued by Respondent No.2 vide CEP.No.156/2016-17, dated 08.11.2022, at the instance of Respondent No.3, for conduct of public auction in respect of the scheduled property without providing the true and genuine details of loan account of the deceased Gorla Subrahmanyam without crediting his insurance amount recovered from the Insurance Company and proclaiming to recover the amount of Rs.12,79,482/- des