A R CHOWDHARY Vs. MANAGING COMMITTEE OF STATE BANK OF INDIA HYDERABAD CIRCLE SUPERVISING STAFF CO OPERATIVE BUILDING SOCIETY LIMITED

JUDGEMENT

(1.) This writ petition is filed to quash the order dated 28-4-2003 passed by the 3rd respondent - Tribunal in C.T.A.No. 124/2003.

(2.) The brief facts are that the 1st respondent is the society. It had seven members in the Managing Committee. On different dates, some general or the committee meetings could not be convened for various reasons. The reasons would be referred in the course of the judgment. Consequently the members of the society made a representation dated 22-3-2003 to the competent authority. It appears that a report was called for from the Sub-Divisional Co-operative Officer and accordingly he submitted a report. On consideration of the representation of the members of the society and the report of the Sub-Divisional Co- operative Officer, the 2nd respondent having felt that a General Body meeting could not be conducted in accordance with the provisions of the A.P. Co-operative Societies Act, 1964 (for short hereinafter referred to as 'the Act'), appointed a Person-in-charge, by order dated 28-3-2003 exercising his jurisdiction under Section 32(7)(a) of the Act. Challenging the said order, the Managing Committee of the Society filed an appeal in C.T.A.No.124/2003 before the 3rd respondent - Tribunal. The Tribunal set aside the order of the 2nd respondent dated 28-3-2003. Challenging the same the 2nd respondent before the Tribunal who is a member of the Managing Committee, filed this writ petition.

(3.) From the record it is to be seen that the petitioner herein had raised a specific plea as regards the jurisdiction of the Tribunal in entertaining the appeal. Before the Tribunal the petitioner contended that the 2nd respondent - Sub-Divisional Co-operative Officer passed the order dated 28-3-2003 exercising his jurisdiction under Sec. 32(7)(a) of the Act and since the same is not an appealable order, the Tribunal has no jurisdiction to entertain the appeal.