IRUKUVAJHULA SUBRAHMANYAM Vs. SECRETARY TO GOVERNMENT DEPARTMENT OF CO OPERATION AND AGRICULTURE HYDERABAD

JUDGEMENT

(1.) This application is for the issue of a writ to quash the order of the Government in Memorandum No. 93/Co-op./63-ia, dated yth September, 1964, confirming the order of the Joint Registrar of Go-operative Societies dated 5th November, 1962. The 1st petitioner is the Manager and he and the other petitioners are shareholders of the Guntur District Co-operative Motor Transport Society for Exservicemen, a Society registered under the Andhra Pradesh (Andhfa Area) Go-operative Societies Act. The Society was registered on 14th June, 1947 and commenced functioning from 3oth September, 1947. On 1st May, 1962 the Deputy Registrar of Co-operative Societies, Guntur ordered an enquiry into the Constitution, Working and financial condition of the Society under section 38 of the Go-operative Societies Act. On 16th May, 1962 Sri Venkateswarlu, Sub- Registrar of Co-operative Societies was appointed to conduct the enquiry. He appears to have been directed to complete the enquiry before 25th May, 1962.

(2.) It is alleged that the enquiry under section 38 Was hastily conducted and even the financing banks were not consulted. The time Was so short that a General Body Meeting also could not be convened and there Was no fair enquiry by the Cooperative Sub-Registrar. The Co-operative Sub-Registrar duly submitted his report, but a copy of it Was not made available to the society inspite of several Communications addressed by the society to the Deputy Registrar of Co-operative Societies. It is not denied by the respondents that the society made requests for a copy of the report and that it was not supplied to the Society. The society had no further or other notice of any action proposed to be taken by any of the authorities constituted under the Co-operative Societies Act. On 5th November, 1962, the Joint Registrar of Co-operative Societies passed an order under section- 44 (1) 6f the Andhra Pradesh (Andhra Area) Co-operative Societies Act cancelling the registration of the society and appointing a Deputy Registrar of Co-operative Societies as the Liquidator of the society. The order of the Joint Registrar refers to the enquiry under section 38 and recites certain facts which haVe presumably been gathered, from the report of the " Enquiry Officer." The order then proceeds to state:

(3.) The petitioners thereupon preferred an appeal to the Government as provided under section 44 (2) of the Act. The appeal Was rejected without any reasons being assigned for such rejection. Sri C. N. Babu, learned Counsel for the Petitioners raises four points before me.-