G NARASIMHULU Vs. PROHIBITION AND EXCISE SUPERINTENDENT

JUDGEMENT

(1.) This Writ Petition is filed to tissue of a Writ of Mandamus declaring the proceedings of the Prohibition and Excise Superintendent, Mahabubnagar, issued in Re. No.A7/1249/2000 dated 10-5-2000 as: illegal and arbitrary

(2.) The 1st respondent by the said proceedings dated 10-5-2000 issued a notice to the Chairman of Toddy Tappers Cooperative Society, Mahabubnagar Group advising him to convene an emergency general body meeting to take a decision for bifurcation of.T.T.C.S. and delete the villages of Amistanpur, palkonda and Chinnadarpally from the T.C.S. Mahabubnagar group and submit the amendment proposals as required under Section 16 of AJP.C.S. Act (7 of 1964). It is further stated in the said notice that the emergency general body meeting notice should be issued immediately by giving 7 days as per Bye-law No.23(A) by following the procedure laid down in Bye-law No.23 (1 to 3). Questioning the said notice, the Director of the Managing Committee of T.T.C.S. (group of shops) filed this Writ Petition. White admitting the Writ Petition, interim suspension was granted on 17-5-2000. Respondents 2 to 4 filed vacate petition. At me consent of all the parties the main Writ Petition itself is taken up for final disposal.

(3.) Sri R.Satyanarayana Raju, the learned Counsel appearing for the petitioner, contended that the said notice issued by the 1st respondent is contrary to Sections 15 and 15-A of the A.P. Co-operative Societies Act, and therefore the said notice is unsustainable and liable to be set aside. The learned Counsel for respondents, 2 to 4 states that though the said notice is in conformity with Section 15-A of the Act but the 1st respondent wrongly quoted Section 16, and therefore, the said notice may be treated .under Section 15-A.