POTTAPALLI VENKATA SUBBAIAH PRESIDENT POTHIREDDYPAIEM TODDY TAPPERS CO OPERATIVE SOCIETY POTHIREDDYPAIEM KOVUR TALUK NELLORE DISTRICT Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES KAVALI NELLORE DISTRICT

JUDGEMENT

(1.) This writ petition is for issue of a writ declaring the proceedings of the Deputy Registrar Cooperative Societies Kavali Nellore district in Rc.No. 4200/81C dated 29 12-1981 as illegal and quash the same.-

(2.) The essential facts may be stated: Tha patitioner sociaty viz. Pothireddypalem, Toddy Tappers Cooperative Society, Pothireddlpalem Kowur Taluk was ragistered in the year 1976 and the area of the operation of the society is Pothireddypalem revenue village. The number of members in the society is 19. The excise authorities granted licence to sell toddy oy the society. The election for the managing committee of the society was held on 11-9-1981 and 5 directors were elected unanimously and the petitioner was elected as the president of the society. On a petition at the instance of some villagers belonging to the opposite group the Taluk Cooperative Officer conducted enquiry into the allegations of the society and on the basis of the report of the Taluk Cooperative Officer the 1st respondent issued a show cause notice under Section 34 of the A P. Cooperative Societies Act stating certain irregularities and proposing to supersede the managing committee and directed the petitioner to submit explanation. The explanation was sent on 4-1-1981 denying all the aliegations. The 1st respondent by his order dated 29 12-1981 superseded the managing committee and appointed the Taluk Cooperative Officer, Kavali, the 2nd respondent herein, as part time person in charge to manage the affairs of the sociaty. Thereupon an appeal was filed before the District cooperative Officer Nellore on 11-1-1882. The District Coopecative Officer, declined to intertain the appeal stating that he has no jurisdiction and it came to light that the Deputy Registrar of Cooperative Societies has no jurisdiction to initiate proceedings under Section 34 of the Act and the Excise Superintendent alone has the power under Section 34 by virtue of the powers conferred on him in respect of the Taddv Tappers Cooperative Societies Therefore, the petitioner is obliged to file this writ petition for quashing the impugned order

(3.) At the outset the learned counsel for the petitioner stated that he is confining his contention only to tha lack of jurisdiction by the 1st respondent to initiate proceedings under Section 34 of the Act in respect of Toddy Tappers Cooperative Societies. It is contended by the learned counsel for the petitioner that by dint of G. 0. Ms.No. 73 Food and Agriculture (Coop. IV) dated 13-2-1980 in conjunction with G. 0 Ms. No. 234 Food and Agriculture (Coop-IV)- Department dated 3-4-1979 the powers of the Registrar of Cooperative Societies under Section 34 of the Cooperative Societies Act have been conferred on the Excise Superintendents In respact of toddy tappers cooperative societies; and the order dated 29-12-1981 by the 1st respondent superseding the society under Section 34 of the Act is devoid of jurisdiction and illegal. The learned Government Pleader and also the learned counsel for the 3rd respondent contended that under G. 0. Ms. No.38 dated 22-9-1978 the Deputy Registrar of Cooperative Societies is also the appropriate authority to supersession of primary societies including the petitioner society and both the authorities have concurrent jurisdiction in this regard and in any event the writ petition is not maintainable in view of the failure of the petitioner to avail the alternate remedy.