UMA SANKARA HANDLOOM WEAVERS CO OPERATIVE PRODUCTION AND SALES SOCIETY LTD Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) Sri Uma Sankara Handloom Weavers Cooperative Production & Sales Limited and 448 members of the society have filed the Writ Petition challenging the notification issued by the 2nd respondent under Section 15-A(1) of the A.P. Cooperative Societies Act 7 of 1964 (hereinafter called as the Act), published in Extraordinary Supplement to Srikakulam District Gazette No.208 dated 5-12-1991.

(2.) The case has a long chequered history, but the principle of law to bedecided falls in a very narrow compass.

(3.) The 2nd respondent issued notification purporting to exercise the powers under Section 15-A(1) of the Act proposing the division of Sri Uma Sankara Handloom Weavers Cooperative Production and Sales Society Limited, Korasawada into two societies with the areas specified in the Appendix to ensure economical viability and to avoid overlapping of jurisdiction etc. The said show cause notice is assailed as wholly without jurisdiction. It is conceded by the learned counsel for the petitioner that he is not making out a case on merits, but since the jurisdictional issue is only relevant for the purpose of challenging the notification at the show cause level, he is confining himself to the competency of the authority in invoking the impugned notification under the purported exercise of power under Section 15-A ofthe Act. During the pendency of the Writ Petition, the final notification was issued and it was directed that the said final notice shall not be given effect till the disposal of the present Writ Petition.