ABBINA DATHATREYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The above writ petition is filed seeking Writ of Mandamus to declare the sale certificate issued by 2nd respondent in Letter No.431/2022 dtd. 30/9/2022 under sub rule 14 (v) of the Rule 52 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short "Rules 1964") in favour of 8th respondent in relation to property covered in R.S.No.465-1, 2 and 3, of an extent of Ac.0.48 cents, Ac.3.73 cents, Ac.1.04 cents, in total Ac.5.25 cents, as illegal, arbitrary to the contrary to the Andhra Pradesh Cooperative Societies Act, 1964 (for short "Act 1964").

(2.) (a) The facts germane to decide the case are that 5 th respondent is a Primary Agricultural Cooperative Credit Society Limited registered under the provisions of the Act 1964 and Rules 1964; 7th respondent, one of the members of the Society took loan from the Society by mortgaging his lands; that 7th respondent committed default in payment of loan; that 5th respondent filed claim under Sec. 71 of the Act 1964 for recovery of dues before the Arbitrator/sale officer, office of the Deputy Registrar, DCCB Ltd., Eluru; that Arbitraror/Sale officer after enquiry issued certificates vide Nos.242/15-16, 243/15-16, 246/15-16, 253/15-16 dtd. 1/6/2016 and No.1874/16/17 dtd. 28/2/2017; that basing on the certificates issued under Sec. 71 of the Act 1964, Execution Petition Nos.2558/2016-17, 2597/2016-17, 40/2017-18, 60/2017-18 and 2734/2017-18 were filed under Sec. 70 of the Act to recover the amount by attaching and sale of the properties before the sale officer.

(3.) Heard Sri P.R.K.Amarendra Kumar, learned counsel for the petitioner, learned Government Pleader for Cooperation for respondents 1 to 3 and Sri K.Chidambaram, learned senior counsel on behalf of Yaswanth Gade, learned counsel for 5th respondent.