DONTHINA RAMA KOTA REDDY Vs. ASSISTANT REGISTRAR/SUB-DIVISIONAL COOPERATIVE OFFICER AND SALES OFFICER

JUDGEMENT

(1.) The petitioner feels aggrieved by an order, dated 18.3.2006, passed by the Assistant Registrar/Sub-Divisional Cooperative Officer, Kovvur, the 1st respondent herein. The brief facts, that gave rise to the filing of the writ petition, are as under:

(2.) The land in Survey No.185/2 was owned by one Sri Vintha Subba Reddy. He obtained different kinds of loans from the 2nd respondent Cooperative Society. The land in Sy.No.185/2 was mortgaged by document No.25 of 2001/2002, with the 2nd respondent. Petitioner herein purchased an extent of Acs.1-571/2 cents, out of the land in Survey No.185/2, through a sale deed, dated 17.01.2003. When steps were taken to redeem the mortgage, the petitioner arranged for necessary funds and the entire loan amount was cleared on 29.6.2005.

(3.) Vintha Chandra Reddy S/o.Subba Reddy, the original owner of the land, was employed as Secretary in the 2nd respondent society. Surcharge proceedings, alleging lapses, were initiated against him and the Ex-President, under Section 60 of the A.P. Cooperative Societies Act, 1964 (for short "the Act"). An order was passed fastening the liability at Rs.14,91,000/-. To realize that amount, the land in Survey No.185/2, including the one purchased by the petitioner, was sought to be sold. At that stage, the petitioner filed a claim petition before the 1st respondent, under Rule 52 of the A.P. Cooperative Societies Rules, 1964 (for short "the Rules"). Through the impugned order, the 1st respondent rejected the claim of the petitioner.