DEEVI GOPALA KRISHNA SRINIVASA AYYANGAR Vs. STATE OF A. P.

JUDGEMENT

(1.) This Writ Petition is filed seeking the following relief:

(2.) The contents of the affidavit filed in support of the Writ Petition, in brief, are that, the respondent No.7 is a Society registered under the Andhra Pradesh Cooperative Societies Act, 1964 and solely responsible by having all administrative powers, whereas, respondent No.8 is the elected/nominated representative of the said Society; that the respondent Nos.7 and 8 are the representatives of the State, governed by its bye-laws and respondent No.7 office is functioning under the control of respondent Nos.1 to 6. The object and aim of the Cooperative Societies are to provide for voluntary formation of Cooperative Societies reliant business enterprises, based on thrift, self-help and mutual aid and owned, managed and controlled by members for their economic and social betterment and for the matters connected therewith or incidental thereto; that the respondent No.3 i.e. the District Collector is having overall general control over the entire district.

(3.) Respondent No.7/Society filed counter denying the contents of the affidavit inter alia it is contended that the deposits narrated in the affidavit are renewed subsequent to the maturity period and the fact remains that, the society records does not reflect such renewals. Apart from that, the petitioners claiming the percentage of interest etc., which is also a disputed one, because the fixed deposit receipt itself indicates maturity amount as it was occurred than the rate of interest payable by the society, and in case of renewal was not occurred in due course, the depositors claiming the rate of interest at 8.5% is not correct. It is further contended that when the fixed deposit amount is with the society, the depositors may claim general interest at 4% per annum, since the society, in other cases also, used to pay interest at 4% per annum. The renewal was not occurred in due course and the society records does not show or prove the renewals.