J. VENKATESWARLU Vs. STATE OF TELANGANA AND OTHER

JUDGEMENT

(1.) This writ petition is filed under Art. 226 of the Constitution of India, seeking the following relief:

(2.) Heard learned counsel for the petitioner and learned Special Government Pleader from the office of the Additional Advocate General representing the respondents and perused the prayer in the writ petition with supporting affidavit and the counter affidavit filed by the District Cooperative Officer/3rd respondent) and also reply to it with enclosure and perused the other material on record including from the attention drawn by the learned Government Pleader to the balance sheet as on 31.03.2016 and the preamble of the Bye-laws with reference to Sec. 2(p)(q)(r)(f) and Sec. 34(6) of the Cooperative Societies Act, 1964 (for short 'the Act') amended by the State of Telangana in G.O.Ms. No.53 dated 20.05.2016.

(3.) The core contention of the respondents from the counter in opposing the writ petition besides that the writ petition is not maintainable and there is an appeal remedy under Sec. 76 of the Act to approach the Cooperative Tribunal, apart from disputed facts involved in the case and not a pure question of law, even apart from the arguments sake to entertain a writ petition, the society in question is not a credit society nor doing any lending, borrowing activity to claim any obligation of consultation as per Sec. 34(6) of the Act of any financing bank before superseding the management for the fact that there is no financing bank through which they obtained finances, apart from the very Bye-laws mentions the objects that the society is not authorised to deal any credit of any lending and borrowing, as Bye-laws speaks from the objects as it is a cooperative society to arrange for market and sale of fertilizers, seeds etc., and the society is essentially an agency involved in distribution of fertilizers and seeds and agricultural implements to the members of the society and the plea that the impugned orders are vitiated by the non-observance of Sec. 34 (6) of the Act does not hold water and thereby, the writ petition is liable to be dismissed.