IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF AUGUST ^t TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9360, 10240, 10243 AND 10244 OF 2018 WRIT PETITION NO: 9360 OF 2018

Between:

Someswaram Primary Agricultural Cooperative Credit Society Ltd., B.No.7775, Someswaram village, Rayavaram Mandal, East Godavari District Represented by its President Vytia Rambabu, S/o.Late Soma Sekhara Rao, Aged about 52 years, R/o.Someswaram village, Rayavaram Mandal, East Godavari District.

...Petitioner

AND

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.
• 2. The District Cooperative Officer, East Godavari District at Kakinada.
• 3. The Divisional Cooperative Officer, Rajahmundry, East Godavari D\str\cL
• 4. The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.
• 5. The District Cooperative Audit Officer, Kakinada, East Godavari District.
• 6. The District Cooperative Central Bank, Represented by its Chief Executive Officer, Kakinada, East Godavari District.
• 7. The District Cooperative Central Bank, Represented by its Branch Manager, Rayavaram Branch, Rayavaram (V) and (M), East Godavari District.
• 8. The Supervisor, Distirct Cooperative Central Bank, Rayavaram Branch, Rayavaram, East Godavari District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or ^a Direction or ^a Writ more in the nature of Writ of Mandamus by declaring the action of the 2"^^ Respondent Respondent herein to initiate Section 60 rd herein in directing the 3 proceedings under A.P.Cooperative Societies Act against the Petitioner and the Directors of the petitioner Society under Proceedings Rc.No.5009/2016-A, dt.17.1.2018 without considering the bills and Audit Reports of the petitioner Society as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice and consequently direct the 2nd Respondent herein not to take coercive measures against the petitioner herein and the Directors of the Society basing on the Inquiry Report of the 4th Respondent herein in the interests of justice.

lA NO: ¹ OF 2020

BETWEEN:

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.
• 2. The District Cooperative Officer, East Godavari District at Kakinada. «■

3. The Divisional Cooperative Officer, Rajahmundry, East Godavari District.

$\mathcal{L}$

• 4. The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.
• 5. The District Cooperative Audit Officer, Kakinada, East Godavari District

...Petitioners/Respondents

AND

1. Someswaram Primary Agricultural Cooperative Credit Society Ltd., B.No.7775, Someswaram village, Rayavaram Mandal, East Godavari District Represented by its President Vytla Rambabu, S/o.Late Soma Sekhara Rao, Aged about 52 years, R/o.Someswaram village, Rayavaram Mandal, East Godavari District

....Respondent / Writ Petitioner

• 2. The District Cooperative Central Bank, Represented by its Chief Executive Officer, Kakinada, East Godavari District.
• 3. The District Cooperative Central Bank, Represented by its Branch Manager, Rayavaram Branch, Rayavaram (V) and (M), East Godavari District.
• 4. The Supervisor, Distirct Cooperative Central Bank, Rayavaram Branch, Rayavaram, East Godavari District.

...Respondent / Respondent

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in IA.No.1 of 2018 in WP.No.9360 of 2018, dated 02.04.2018.

lA NO: ¹ OF 2018

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an Interim Order by way of Suspension by suspending the impugned order passed by the 2nd Respondent herein under proceedings Rc.No.5009/2016-A dt.17.1.2018 pending disposal of the main writ petition on the file of this Hon'b'le Court in the interests of justice.

Counsel for the Petitioner: SRI. CHANDRA SEKHAR ILAPAKURTI

Counsel for the Respondent Nos. ¹ to 5: GP FOR COOPERATION

Counsel for the Respondent Nos. ⁶ to 8: SRI SRINIVASA BASAVA

WRIT PETITION NO: 10240 OF 2018

Between:

• Vytia Ram Babu, S/o Late Soma Sekhara Rao, Aged about 52 years, Hindu, President of Someswaram Primary Agricultural Cooperative Credit Society Limited, Someswaram, Rayavaram Mandal, East Godavari District. 1.

• Pemmaboina Nageswara Rao, S/o Venkata Rao, Aged about 42 years, Vice-President, R/o Someswaram Village, Rayavaram Mandal, East Godavari District. 2.

• 3. Ravula Ramakrishna, S/o Bullebbai, Aged about 45 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 4. Ansuru Krishna, S/o Naganna, Aged about 50 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 5. Chatrathi Janaki Rambabu, S/o Venkata Rao, Aged about 40 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 6. Mallidi Tata Reddy, S/o Bhamireddy, Aged about 60 years, Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.

• Garaga Somanna, S/o Somayya, Aged about ⁶⁰ years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District. 7.

• 8. Patta Veeramma, W/o Sathayya, Aged about ⁶⁰ years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.

• W/o Babu Rao, Aged about 65 years. Director, R/o 9. Jaggina Achilayamma Someswaram Village, Rayavaram Mandal, East Godavari District.

• Lanka Chinnayya, S/o Gannayya, Aged about ⁵⁵ years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District. 10.

• Guthula Adinarayana, S/o Veera Raju, Aged about 65 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District. 11.

• S/o Satyanarayana, Aged about 45 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District 12. Saka Annavaram

• Director, R/o Vytia Santhikala, W/o Ram Babu, Aged about 45 years Someswaram Village, Rayavaram Mandal, East Godavari District. 13.

...Petitioners

AND

• 1. State of AP, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.
• 2. The District Cooperative Officer, East Godavari District at Kakinada.
• 3. The Deputy Registrar of Cooperative Societies, Rajahmundry, East Godavari District.
• 4, The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.

5. The Someswaram Primary Agricultural Cooperative Credit Society Limited, B- No. 775, Somes\A/aram village, Rayavaram Mandal, East Godavari District. Rep by its Chief Executive Officer

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or ^a Direction or ^a Writ more in the nature of Writ of Certiorari by calling the Records pertaining to the Section ⁵¹ Enquiry Report dt.16.11.2017 submitted by the 4th Respondent herein as per Proceedings under R.C.No.5009/2016 A dt.21.6.2017 issued by the 2nd Respondent herein and consequently quash the Surchage notice against the petitioners ¹ to ¹³ herein under proceedings Rc.No.3258/2016- E1(11) dt.9.3.2018 of the 3rd Respondent herein without supplying the documents on which reliance is placed as arbitrary, autocratic, illagal, ultravires and against to the principles of natural justice and pass

lA NO: ¹ OF 2018

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim Order by way suspension by suspending the Section 60(1) notice issued against the petitioners ¹ to 13 herein under proceedings Rc.No.3258/2016-E1 (II) dt.9.3.2018 of the 3rd Respondent herein pending disposal of the main Writ Petition on the file of this Hon'ble Court and pass

Counsel for the Petitioners: M/s. P RADHIKA

Counsel for the Respondents: GP FOR COOPERATION

WRIT PETITION NO: 10243 OF 2018

Between:

f ^

• 1. Vytia Ram Babu, S/o Late Soma Sekhara Rao, Aged about ⁵² years, Hindu, President of Someswaram Primary Agricultural Cooperative Credit Society Limited, Someswaram Rayavaram Mandal, East Godavari District.
• 2. Pemmaboina Nageswara Rao, S/o Venkata Rao. Aged about 42 Vice-President, R/o Someswaram Village, Rayavaram Mandal Godavari District. years, East
• 3. Ravula Ramakrishna, S/o Bullebbai, Aged about 45 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 4. Chatrathi Janaki Rambabu, S/o Venkata Rao, Aged about 40 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 5. Mallidi Tata Reddy, S/o Bhamireddy, Aged about 60 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 6. Garaga Somanna, S/o Somayya, Aged about 60 years. Director, R/o Someswaram Village, Rayavaram Mandal, East Godavari District.
• 7. Jaggina Achilayamma. W/o Babu Rao, Aged about 65 R/o Someswaram Village, Rayavaram Mandal, East Godavari years. Director, District.
• 8. Lanka Chinnayya, S/o Gannayya, Aged about 55 Someswaram Village, Rayavaram Mandal, East Godavari years. Director, R/o District.

...Petitioners

AND

1. The State of Andhra Pradesh, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.

• 2. The District Cooperative Officer, East Godavari District at Kakinada.
• 3. The Deputy Registrar of Cooperative Societies, Rajahmundry, East Godavari District.
• 4. The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.
• 5. The Someswaram Primary Agricultural Cooperative, Credit Society Limited, B- No. 775, Someswaram village, Rayavaram Mandal, East Godavari District.

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or a Direction or a Writ more in the nature of Writ of Certiorari by calling the Records pertaining to the Section 51 Enquiry Report dt.16.11.2017 submitted by the 4th Respondent herein as per Proceedings under R.C.No.5009/2016 A dt.21.6.2017 issued by the 2nd Respondent herein and consequently quash the Surcharge notice against me and the petitioners 1 to 8 herein under proceedings Rc.No.3258/2016-E1(I) dt.9.3.2018 of the 3rd Respondent herein without supplying the documents on which reliance is placed as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice.

IA NO: 1 OF 2020

CECTO

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in IA.No.1 of 2018 in WP.No.10243 of 2018, dated. 02.04.2018.

IA NO: 1 OF 2018

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim Order by way suspension by suspending the Section $60(1)$ notice issued against the other petitioners 1 to 8 herein under proceedings Rc.No.3258/2016- E1(1) dt.9.3.2018 of the 3rd Respondent herein pending disposal of the main Writ Petition on the file of this Honorable Court.

Counsel for the Petitioners: M/s. P RADHIKA

Counsel for the Respondent Nos. 1 to 4: GP FOR COOPERATION

Counsel for the Respondent No.5: NON APPEAR

WRIT PETITION NO: 10244 OF 2018

Between:

Vytla Ram Babu, S/o Late Soma Sekhara Rao, Aged about 52 years, Hindu, President of Someswaram Primary Agricultural Cooperative Credit Society Limited, Someswaram, Rayavaram Mandal, East Godavari District. ...Petitioner

AND

• 1. The State of Andhra Pradesh,, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.
• 2. The District Cooperative Officer, East Godavari District at Kakinada.
• 3. The Deputy Registrar of Cooperative Societies, Rajahmundry, East Godavari District.
• 4. The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.
• 5. The Someswaram Primary Agricultural Cooperative Credit Society Limited, B- No. 775, Someswaram village, Rayavaram Mandal, East Godavari District. Rep by its chief executive officer

...Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order or a Direction or a Writ more in the nature of Writ of Certiorari by calling the Records pertaining to the Section 51 Enquiry Report submitted by the 4**^ Respondent herein as per Proceedings under R.C.No.5009/2016 A dt.21.6.2017 issued by the 2nd Respondent herein and consequently quash the Surcharge notice against me under proceedings Rc.No.3258/2016-E1(iii) dt.9.3.2018 of the 3^^ Respondent herein without supplying the documents on which reliance is placed as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice.

lANO: ¹ OF 2018

Petition under Section ¹⁵¹ CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim Order by way suspension by suspending the Section 60(1) notice issued against the petitioner herein under proceedings Rc,No.3258/2016-El (iii) dt.9.3.2018 of the 3rd Respondent herein pending disposal of the main Writ Petition on the file of this Hon'ble Court.

lA NO: ¹ OF 2020

1. The State of Andhra Pradesh,, Represented by its Principal Secretary (Cooperation), Velagapudi, Amaravathi.

• 2. The District Cooperative Officer, East Godavari District at Kakinada.
• 3. The Deputy Registrar of Cooperative Societies, Rajahmundry, East Godavari District.
• 4. The Sub-Divisional Cooperative Officer, Ramachandrapuram, East Godavari District.

...Petitioners/ Respondents

AND

1. Vytla Ram Babu, S/o Late Soma Sekhara Rao, Aged about 52 years, Hindu, President of Someswaram Primary Agricultural Cooperative Credit Society Limited, Someswaram, Rayavaram Mandal, East Godavari District

...Respondent/ Writ Petitioner

2. The Someswaram Primary Agricultural Cooperative Credit Society Limited, B- No. 775, Someswaram village, Rayavaram Mandal, East Godavari District. Rep by its chief executive officer.

...Respondent/...Respondent

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order passed in IA.No.1 of 2018 in WP.No.10244 of 2018, dated.02.04.2018.

Counsel for the Petitioners: M/s. P RADHIKA Counsel for the Respondents: GP FOR COOPERATION

The Court made the following Common Order:

APHC010215452018

STATION

IN THE HIGH COURT OF ANDHRA PRADESH [3330] AT AMARAVATI (Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 9360/2018

Between:

Someswaram Primary Agricultural Cooperative Credit ...PETITIONER Society Ltd.,

AND

$...RESPONDENT(S)$

The State Of Andhra Pradesh and Others Counsel for the Petitioner:

1. CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondent(S):

1.GP FOR COOPERATION (AP)

2. SRINIVAS BASAVA

WRIT PETITION NO: 10240/2018

AND

Between:

V. Ram Babu and Others

$...$ PETITIONER(S)

...RESPONDENT(S)

State Of Ap and Others

WRIT PETITION NO: 10243/2018

Between:

Vytla Ram Babu and Others

$...$ PETITIONER(S)

AND

$...RESPONDENT(S)$

WRIT PETITION NO: 10244/2018

Between:

Vytla Ram Babu

AND

The State Of Andhra Pradesh and Others

The State Of Andhra Pradesh and Others

$...RESPONDENT(S)$

...PETITIONER

The Court made the following common order:-

The learned counsel for the petitioners appeared through videoconference and without assigning reasons submits that these matters have become infructuous.

Basing upon the submission, these Writ Petitions are dismissed as infructuous. There shall be no order as to costs.

As a sequel thereto, miscellaneous Petitions pending, if any. shall stand closed.

SECTI^i^FFICER //TRUE COPY//

assistant registrar

1. One CC to M/s. P. Radhika, Advocate [OPUC]

2. One CC to Sri Chandra Sekhar llapakurti. Advocate [OPUC]

3. Two CCs to GP for Co-Operation, High Court of Andhra Pradesh.

[OUT]

4. Three CD Copies

kp

To,

HIGH COURT

DATED:30/08/2024

COMMON ORDER

WP. Nos. 9360, 10240, 10243 and 10244 of 2018

DISMISSING THE WP'S AS INFRUCTUOUS WITHOUT COSTS