MUNUKURU NAGARATNAMMA Vs. SPECIAL CADRE DEPUTY REGISTRAR OFFICER ON SPECIAL DUTY NELLORE DIST CO OPERATIVE CENTRAL BANK LIMITED NELLORE

JUDGEMENT

(1.) These two writ petitions, which were taken up for hearing, were heard together finally with the consent of both the Counsel and disposed of by this common order at the admission stage.

(2.) In both these writ petitions, the petitioners who availed agricultural loans from the respective Primary Agricultural Co-operative Societies of their respective villages challenge the action of the respondents in issuing the sale auction notice under Sub-rule (11) of Rule 52 of the A.P. Co-operative Societies Rules, 1964 ('the Rules') and Section 104 of A.P. Cooperative Societies Act, 1964 ('the Act') notifying the sale of petitioners' property in realisation of the loan amount as per the certificate of recovery issued by the Deputy Registrar of Co-operative Societies, the first respondent herein. The properties of the petitioners in W.P. No. 11407 of 2002 will be auctioned on 28-6-2002, whereas the auction of the properties of the petitioners in W.P. No. 11314 of 2002 is scheduled on 30-6-2002.

(3.) The facts are not in dispute. What is, however, seriously contended by Sri Ch. C. Krishna Reddy, learned Counsel for the petitioners is that pursuant to the orders of the Government in G.O. Ms. No. 38. Revenue (Relief-II) Department, dated 29-1-2002 as notified in the A.P. Gazette, Part I - Extraordinary, dated 29-1-2002, certain Mandais in Nellore District have been notified as drought Mandais by the District Collector and, therefore, as per the said notification, the respondents are bound to postpone the collection of loans from the petitioners.