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Judgment
Arup Kumar Goswami, CJ
1) Heard Mr.Srinivas Basava, learned counsel appearing for the petitioner. Also heard Mr.A.Jagannadha Rao, learned Government Pleader for Cooperation appearing for respondents No.1 to 3 and Mr.C.Subodh, learned counsel appearing for respondent No.4.
2) This Writ Appeal is presented against the order dated 20.02.2020 passed by the learned single Judge in W.P.No.19067 of 2019, dismissing the writ petition filed by the writ petitioner. It is submitted by Mr. Srinivas Basava that the contention advanced by the appellant in relation to the enquiry conducted was in reference to Section 52 of the Cooperative Societies Act, 1964 (for short 'the Act'), but the learned single Judge did not advert to the scope of Section 52 of the Act and dismissed the writ petition relying on Section 51 of the Act.
3) Perusal of the report dated 18.07.2019 goes to show that reference was made to order of District Cooperative Officer vide RC.No.604/2018-A dated 28.05.2018. By the aforesaid order dated 28.05.2018, the District Cooperative Officer, Kakinada had exercised powers conferred on him by the provisions of Section 52 of the A.P. Cooperative Societies Act, 1964 read with G.O.Ms.No.34, Food & Agricultural (Coop.IV) Department, dated 16.01.1989 and G.O.Ms.No.19, Agricultural & Cooperation (Coop.IV) Department, dated 01.02.1995, and ordered an Inspection under section 52 of the Act, 1964, into the affairs of Penuguduru PACS Ltd., Penuguduru with special reference to the financial and administrative irregularities, etc., and authorized Sri P.Durga Prasad, Assistant Registrar No.2, Sub-Division, Kakinada to conduct the said Inspection under Section 52 of the Act.
4) However, the learned single Judge did not consider Section 52 of the Act, but proceeded to dismiss the petition after discussing provision as contained in Section 51 of the Act.
5) In that view of the matter, we are of the considered opinion that the impugned order cannot be sustained and therefore, without expressing any opinion on the merits of the case, the order is set aside and the case is remanded back to the learned single Judge for fresh disposal.
6) Accordingly, the writ appeal is allowed. No costs. Pending miscellaneous applications, if any, shall stand closed.