Searching Case Laws & Precedent on Legal Query.....!
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Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Notice under Sub-rule 10 of Rule 52 - The notices issued under Rule 52(3) of the Telangana Cooperative Societies Rules, 1964, must adhere to prescribed procedures, including issuing a demand notice and providing an opportunity for objections. The rules specify that if a defaulter fails to make payment after notice, the society can proceed with symbolic possession and sale of property. Any deviation, such as issuing notices without following the procedural requirements or without proper delegation of powers, renders the notice invalid. This is supported by multiple cases where notices issued without proper procedure were challenged and set aside, emphasizing the importance of compliance with Rule 52 and related rules ["Goli Rajeshwar Rao vs Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd vs The State of Telangana - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd. vs The State of Telangana - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd. vs The State of Telangana - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd vs The State of Telangana - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd vs The State of Telangana - Telangana"].
Notice under Sub-rule 10 of Rule 52 - The notices must also specify the proceedings of award and demand in the prescribed format, such as Form-6, and must consider objections filed by the debtor. Notices issued without these details or without considering objections are deemed contrary to the mandatory provisions of the Rules and the Act, and such notices can be challenged in courts ["Goli Rajeshwar Rao vs Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["Sri Goli Rajeshwar Rao vs The Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"].
Delegation of Powers - The powers of the Registrar under Rule 52 and other related rules are delegated to authorities like the Deputy Registrars and District Collectors. However, for primary agricultural cooperative societies, specific delegation under Rule 12-A is not included, and actions must be taken by designated officers like the District Cooperative Officer (DCO) as per the rules and Section 21-AA of the Act ["M. Laxminarsimha Reddy vs State of Telangana - Telangana"], ["Sri Goli Rajeshwar Rao vs The Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["M.Laxminarsimha Reddy vs The state of Telangana - Telangana"].
Legal Validity of Notices - Notices issued without following the procedural mandates, including proper delegation of authority and adherence to prescribed formats, are liable to be declared invalid and can be challenged through writ petitions, with courts emphasizing the necessity of strict compliance ["Goli Rajeshwar Rao vs Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["Sri Goli Rajeshwar Rao vs The Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["Viswa Bharathi Mutually Aided Co-Operative Credit Society Ltd vs The State of Telangana - Telangana"].
Analysis and Conclusion:A notice under Sub-rule 10 of Rule 52 of the Telangana Cooperative Societies Rules, 1964, must strictly follow the prescribed procedures, including issuing in the correct format, proper delegation of authority, and considering objections filed by the debtor. Failure to adhere to these procedural requirements renders the notice invalid, and such notices can be challenged in courts. Courts have consistently emphasized the importance of compliance with Rule 52 and related provisions to ensure legality and fairness in proceedings against defaulters ["Goli Rajeshwar Rao vs Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"], ["Sri Goli Rajeshwar Rao vs The Deputy Registrar of Cooperative Societies/ District Cooperative Officer - Telangana"].
In the realm of cooperative societies in Telangana, recovery of dues often involves stringent procedural frameworks to ensure fairness. A common query arises: what is a notice under sub-rule 10 of Rule 52 of the Telangana Cooperative Societies Rules, 1964? This rule forms a critical part of execution proceedings for decrees, decisions, or orders in cooperative matters, akin to Order 21 of the Civil Procedure Code (CPC). While sub-rule 10 is not explicitly quoted in key judgments, it fits within Rule 52's comprehensive 25-sub-rule structure governing attachment, sale, and public auctions for recovering cooperative debts. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101
This blog post breaks down Rule 52's procedures, the role of notices (including potential links to sub-rule 10), exemptions, appeals, and practical insights. Note: This is general information based on judicial interpretations and not specific legal advice. Consult a qualified lawyer for your situation.
Rule 52 of the Telangana (formerly Andhra Pradesh) Cooperative Societies Rules, 1964, is described as a self contained code in itself for execution of decrees, decisions or orders and intended to avoid arbitrary or highhanded execution, running into 25 sub-rules comparable to Order 21 CPC. M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101 It applies to recovery under Sections 70(2) and 71 of the Telangana Cooperative Societies Act, 1964, including issuance of recovery certificates leading to attachments and sales. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477
Key features include:- Attachment and Sale Processes: Properties are attached before sale, with detailed safeguards.- Public Auction Notices: Issued after recovery certificates, strictly under Section 70(2) read with Sub-rule (11). For instance, a public auction notice was issued proposing to bring the immovable properties of the petitioner to sale in a public auction in execution of the recovery certificate. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477- Applicability: Extends mutatis mutandis to awards under the Telangana Mutually Aided Cooperative Societies Act, 1995, via Section 36, substituting Tribunal for Registrar. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477
Sub-rule 10 likely pertains to an early notice stage in this sequence, preceding auction (sub-rule 11) and confirmation (sub-rule 14), ensuring procedural fairness.
Notices are pivotal to prevent arbitrary actions. While sub-rule 10 specifics are inferred within the framework:- Demand and Symbolic Possession: Before auction, demand notices in prescribed forms (e.g., Form Nos. 2 and 6 under Rule 52(3)) must be served. Abbina Dathatreya VS State of Andhra Pradesh - 2022 Supreme(AP) 695- Auction Notices (Sub-rule 11): Consequent to recovery certificates, these propose property sales and must follow attachment.
In one case, the sale officer followed Rule 52(3) procedures before issuing a sale certificate under sub-rule 14(v). Abbina Dathatreya VS State of Andhra Pradesh - 2022 Supreme(AP) 695 Deficient notices can be challenged if they bypass these steps, emphasizing compliance to uphold validity.
Not all assets are attachable. Sub-rule (5)(o) clarifies: tractors financed under Section 85 and mortgaged are not implements of husbandry and can be seized and sold for realization of the dues. A. P. Coop. Central Agricultural Development Bank Ltd. VS V. Venkateswar Rao - 1999 0 Supreme(SC) 1615 This highlights Rule 52's rigor in loan recovery:- Exempt: Non-mortgaged implements of husbandry.- Non-Exempt: Mortgaged assets tied to cooperative financing.
Such distinctions ensure targeted recovery without overreach. A. P. Coop. Central Agricultural Development Bank Ltd. VS V. Venkateswar Rao - 1999 0 Supreme(SC) 1615
Sales culminate in a sale certificate. Sub-rule (14)(6) states: the order of confirmation of sale shall be final, subject to an appeal under Section 76 of the Act. M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101 This delegated appeal provision is valid given Rule 52's elaboration, promoting fairness. M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101
To set aside a sale, applications under Rule 52(13)(i) must be filed within 30 days from the sale date. Delay renders them non-maintainable, as seen where a purchaser's late application failed despite awareness of the mortgage and auction. The court noted alternative remedies under Section 76. Abbina Dathatreya VS State of Andhra Pradesh - 2022 Supreme(AP) 695
Additionally, Rule 52(21)(a) & (c) provide alternate remedies against certain orders, barring writ interference if available. Smt. Thirunagari Saritha vs The State of Telangana - 2025 Supreme(Online)(Tel) 70426
Appeals against execution orders, auction notices, or confirmations lie under Section 76 of the Act. Writ petitions may be dismissed if alternatives exist. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101
For instance:- In disqualification appeals under Section 76 read with Rule 7 of Tribunal Rules. B. A. S. Devi Prasad S/o Late B. V. Rao VS Telangana Co-operative Tribunal, Rep. by its Registrar - 2020 Supreme(Telangana) 133- Tribunal considers disputes post-exhausting bye-law remedies. Surthi Venkatesh, S/o Late S Satyanarayana VS Election Committee, Sri Somavamsha Shasatrarjuna Kshatriya Mutually Aided Co-Operative Thrift Society Ltd. Hyderabad - 2021 Supreme(Telangana) 31
Post-bifurcation, these apply seamlessly in Telangana, with Deputy Registrars handling delegated powers under specific rules, though limitations exist (e.g., Registrar's exclusive role in some proceedings). M. Laxminarsimha Reddy vs State of Telangana - 2023 Supreme(Online)(Tel) 19341
Facing a notice under Rule 52 (including sub-rule 10)?1. Verify Sequence: Ensure attachment precedes notice and auction.2. Check Exemptions: Confirm if assets qualify under sub-rule (5)(o).3. Timely Action: File appeals under Section 76 or applications within limits (e.g., 30 days for Rule 52(13)(i)).4. Tribunal Route: For Mutually Aided Societies, approach the Tribunal.
In disputes, challenge arbitrary execution via appeal before higher remedies. Confirm post-bifurcation alignment. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477
Related contexts include no-confidence notices under Rule 24-A (not Rule 52) requiring 15-day spans, showing broader procedural mandates. P Bhaskar Reddy VS State of Telangana - 2024 Supreme(Telangana) 122 Election disputes also stress exhausting remedies. Surthi Venkatesh, S/o Late S Satyanarayana VS Election Committee, Sri Somavamsha Shasatrarjuna Kshatriya Mutually Aided Co-Operative Thrift Society Ltd. Hyderabad - 2021 Supreme(Telangana) 31
References:1. Prudential Cooperative Bank Ltd. VS A. P. Cooperative Tribunal - 2014 0 Supreme(AP) 1477: Rule 52 as execution code, sub-rule (11) auctions, Section 76 appeals.2. M. Krishna VS A. P. Co-operative Tribunal, Hyderabad - 2005 0 Supreme(AP) 101: 25-sub-rule structure, sub-rule (14)(6) finality.3. A. P. Coop. Central Agricultural Development Bank Ltd. VS V. Venkateswar Rao - 1999 0 Supreme(SC) 1615: Sub-rule (5)(o) exemptions.4. Abbina Dathatreya VS State of Andhra Pradesh - 2022 Supreme(AP) 695: Rule 52(13)(i) time limits.5. Smt. Thirunagari Saritha vs The State of Telangana - 2025 Supreme(Online)(Tel) 70426: Rule 52(21) remedies.
Stay informed on Telangana cooperative laws to navigate recoveries effectively. For personalized guidance, seek professional legal counsel.
#TelanganaCoopRules #Rule52Notice #CooperativeLaw
Sections 50, 51, 52, 76, 86, 115, 116, 116-A and 116-C of the Act and powers of the Registrar under Rules 4, 12, 28, 29, 34(14), 39, 41, 45, 59 and 68 of the Telangana Cooperative Societies Rules, 1964 (briefly, “the Rules” hereinafter), had been delegated to the Deputy Registrars/DCOs and therefore, ... Rule 12-A of the Rules does not include the Primary Agricultural Cooperative Societi....
without mentioning the proceedings of award and also the demand notice in Form-6 dt.30.09.2024 issued by respondent No.1 without considering the objection filed by the petitioner on 03.10.2024 under Rule 52(21)(a)(b)(c) of Telangana Cooperative Societies Rules and without any delegation of powers under ... an enquiry under Section 51 of the Telangana Cooperative Societies Act, 1964#HL_E....
without mentioning the proceedings of award and also the demand notice in Form-6 dt.30.09.2024 issued by respondent No.1 without considering the objection filed by the petitioner on 03.10.2024 under Rule 52(21)(a)(b)(c) of Telangana Cooperative Societies Rules and without any delegation of powers under ... an enquiry under Section 51 of the Telangana Cooperative Societies Act , 1964#HL_E....
. - Petitioner files the Writ Petition to declare the Notice issued by the 3rd respondent under Section 34-A of the Telangana Cooperative Societies Act, 1964 (for short, 'the Act') and Rule 24-A of the Rules framed thereunder in R.C. ... It is stated that before bifurcation of the Districts in Telangana State, for each District, a District Cooperative Central Bank is established and registered under the Cooperative#HL_END....
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 ... (b) The sale officer served demand notice in Form Nos.2 and 6 by following the procedure under Rule 52(3) of the Rules #HL....
Telangana Co-operative Societies Rules, 1964 (‘1964 Rules’) before taking a decision thereunder. ... Societies for the State of Telangana herein to consider the representations made by the respondent No.1/writ petitioner in W.P.No.34351 of 2025 against the impugned resolution under section 23 of The Telangana Co-operative Societies Act,1964 (‘1964 Act’) and also to issue a #HL_ST....
Telangana Co-operative Societies Rules, 1964 (‘1964 Rules’) before taking a decision thereunder. ... Societies for the State of Telangana herein to consider the representations made by the respondent No.1/writ petitioner in W.P.No.34351 of 2025 against the impugned resolution under section 23 of The Telangana Co-operative Societies Act,1964 (‘1964 Act’) and also to issue a #HL_ST....
It is further submitted that against the said order, the petitioner has an alternate remedy under Rule 52 (21)(a)& 21(c) of the Telangana Cooperative Societies Rules. Therefore, according to him, the writ petition has to be dismissed. 14. ... Therefore, as rightly pointed out by the learned standing counsel for the respondent bank, under Rule 52(21)(a)& 21(c) of the Telangana Cooperative Societies....
Sections 50, 51, 52, 76, 86, 115, 116, 116-A and 116-C of the Act and powers of the Registrar under Rules 4, 12, 28, 29, 34(14), 39, 41, 45, 59 and 68 of the Telangana Cooperative Societies Rules, 1964 (briefly, “the Rules” hereinafter), had been delegated to the Deputy Registrars/DCOs and therefore, ... Rule 12-A of the Rules does not include the Primary Agricultural Cooperative Societi....
ORDER: In this writ petition, the petitioner is challenging the letter issued by respondent No.3 dt.15.10.2025 ... He further submitted that the prescribed procedure is to issue demand notice and if the defaulter fails to make the payment symbolic possession of the property shall be taken and thereafter the property shall be put for sale.
The deeming provision under Rule 72 (3) of the Andhra Pradesh Cooperative Societies Rules 1964 is for the purposes of the Andhra Pradesh Cooperative Societies Act 1964 and that too for a limited purpose as mentioned in Rule 72 (3) itself. Rule 72 (3) of the Rules 1964 does not deal with the subject of gratuity for which there is a central legislation, Payment of Gratuity Act 1972, which is a complete Code.
An appeal on the decision of the Registrar vests with the Co-operative Tribunal: Provided that no dispute shall be referred under this section to the Registrar unless the disputing parties exhausted all remedies that may be available in the bye-laws for the settlement of disputes. of Telangana Mutually Aided Co-operative Societies Act 1995 and Rule 22 of the Telangana Cooperative Societies Rules, 1964 are relevant for the present.
It is apt to mention here itself that the 1st respondent vide his proceedings RC No. 7033/2015/HR2, dated 24.03.2017 informed all the District Cooperative Officers of the State of Telangana to register the Flat Owners' Cooperative Maintenance Societies under Section 6 of the Telangana Cooperative Societies Act, 1964 and Rule 3 of Telangana Cooperative Rules, 1964, provided the proposals to fulfill the criteria mentioned therein i.e. (1) The Members of the Flats are more than 21 and there are 21 Promoters belonging to different families as per provisions of the Telangana Cooperative....
4 to 7 herein preferred an appeal under Section 76 of the Telangana Cooperative Societies Act, 1964 (for short ‘the Act’) read with Rule 7 of the Telangana Cooperative Tribunal (Procedure) Rules, 1994 (for short ‘the Rules), vide CTA No. 2 of 2019 challenging the proceedings dated 10.12.2018 in R.C. No. 894/2012-Hsg, issued by the 2nd respondent herein. 4 to 7 herein were disqualified for a period of two consecutive terms from contesting the election or cooption under Section 21 AA (1) of the Act. Respondent Nos.
5. Sub Rule (iii) to Rule 59 of The Kerala Cooperative Societies Rules and the provisos thereto read as follows:- “(iii) when an employee who has put in at least 5 years satisfactory service is retired voluntarily from service or if he is permanently disabled while in service or if he dies while in service the society shall pay to him or to his legal heirs as the case may be a gratuity not exceeding half months pay for every completed year of service. Provided that in no case shall the gratuity exceed fifteen months pay.
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