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Judgment
Heard Mr. V. Jagapathi, learned counsel for the appellant, Mr. K. Muralidhar Reddy, learned counsel for respondent No.1/writ petitioner and Mrs. B. Mohana Reddy, learned Government Pleader for Agriculture and Cooperation Department, appearing for respondent Nos.2 to 4.
The appellant-Jupaka Primary Agricultural Cooperative Society Limited (respondent No.5 in the writ petition), had not been noticed and heard while disposing of W.P. No.8610 of 2026 vide impugned order dated 29.04.2026. The operative portion of the said order reads as under:
“Taking into consideration the fact as borne on record that under similar circumstances, this Court allowed W.P.No.8960 of 2026, dated 21.04.2026 and had passed orders in favour of the petitioner thereunder, the present writ petition is also allowed. The impugned surcharge order, vide R.C.No.3200/2022-C, dated 02.11.2024 passed under Section 60 of the Telangana Cooperative Societies Act, 1964 by the respondent No.3 is set-aside. The 5th respondent is directed to consider the request of the petitioner for reimbursement of the amount of Rs.2,92,950/- to the petitioner, in accordance to law, duly taking into consideration the fact that the 3rd respondent lacked jurisdiction in passing the impugned surcharge order, dated 02.11.2024 against the petitioner herein, within a period of one (01) week from the date of receipt of copy of the order. It is however observed that the Registrar of Cooperative Societies is at liberty to initiate action against the petitioner in accordance to law, if the respondents intend to do so. However, there shall be no order as to costs."
3. Before the learned writ Court, the official respondents did not dispute that respondent No.3 therein was not the competent authority to initiate the proceedings impugned in the writ petition in view of G.O.Ms.No.10, Agriculture & Cooperation (COOP.II) Department dated 30.01.2017. However, it is also pointed out by learned counsel for the respondents that by subsequent G.O., i.e., G.O.Ms.No.1 dated 10.01.2024 issued by the same Department, power has been conferred upon the District Cooperative Officer to undertake proceedings under Section 52 of the Telangana State Cooperative Societies Act, 1964. However, while allowing the writ petition, the learned writ Court directed the appellant to consider the request of the respondent No.1/writ petitioner for reimbursement of the amount paid by him in accordance with law, though appellant was neither noticed nor heard in the writ petition.
4. Learned counsel for the appellant and learned counsel for the State submit that after passing of the impugned order and pursuant to the liberty granted, fresh proceedings have been initiated by the competent authority i.e., the District Cooperative Officer and the same are pending.
5. Learned counsel for the appellant contends that in view of pendency of the fresh proceedings before the competent authority, the direction of the learned writ Court for reimbursement of the amount paid by the writ petitioner may not be proper.
Upon consideration of the rival submissions of the parties and the relevant facts taken note above, we are of the view that if fresh proceedings have been initiated by the competent authority, the refund of the amount to the writ petitioner should await the outcome of the said proceedings. However, in order to ensure that the proceedings do not get unnecessarily delayed, a direction is issued upon the District Cooperative Officer-respondent No.4 to conclude the proceedings in accordance with law in a time bound manner preferably within a period of twelve weeks from the date of receipt of a copy of this order, after providing an opportunity of hearing to the concerned parties. Needless to say that any party aggrieved by the order passed in the pending proceedings conducted by respondent No.4 will have the liberty to assail it in an appropriate Court.
Accordingly, the instant Writ Appeal is disposed of. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.