Avula Venkateswarlu vs. The State Of A.P

Court:High Court of Andhra Pradesh
Judge:Hon'ble M.Ganga Rao
Case Status:Unknown Status
Order Date:14 Dec 2020
CNR:APHC010357142020

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Order Issued After Hearing

Purpose:

Admission (Co-Op Societies)

Before:

Hon'ble M.Ganga Rao

Listed On:

14 Dec 2020

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Order Text

$[2696]$

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FOURTEENTH DAY OF DECEMBER. TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 23744 OF 2020

Between:

    1. Avula Venkateswarlu, S/o Bhadraiah, aged about 70 years,
    1. Marri China Dwaraka, S/o Gopala Krishna(Gopaiah), aged about 61 years,
    1. Avula Punnamma, W/o Yerukalaiah, aged about 71 years,
    1. Shaik Saidamoula, S/o Ranjan Saheb, aged about 62 years.
    1. Sidde Pentaiah, S/o Gopaiah, aged about 61 years,
    1. Kota Mahalakshmaiah, S/o Nagayya, aged about 65 years

(All are Residents of Ustepalli Village, Chandarlapadu Mandal, Krishna District)

...Petitioners

AND

    1. The State of A.P, Rep by its Principal Secretary, Cooperative Department, Secretariat, Velagapudi, Amaravathi, Guntur District
    1. The Joint Director(AH) and Functional Registrar Department of Animal Husbandary and Functional Registrar, Mutyalamapadu Vijayawada Krishna District
    1. The Director, Department of Animal Husbandary, Labbipet, Vijayawada, Krishna District
    1. The Ustepalli Gorrela Mekala Pempakandarula Sahakara Sangam Limited, Regd No. 2/ks, Ustepalli Village, Chandarlapadu Mandal, Krishna District rep by its Secretary
    1. D.Venkata Krishna, S/o Mutyam, aged about 55 years, Ustepalli Village, Chandarlapadu Mandal, Krishna District

...Respondents

WHEREAS the Petitioners above named through their Advocate Sri SURESH KUMAR POTTURI presented this 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not conducting no confidente motion meeting in accordance with law by condisedaring the representation vide 27-11-2020 and 08-10-2020 not taking steps to removal of the $5$ <sup>th</sup> Respondent as the President of the 4<sup>th</sup> Respondent society inspite of no confidence motion is moved by the members of the society as illegal, arbitrary and violation of Article 14 of the Constitution of India and consequently direct the Respondents to take steps as per the law prescribed for removal of the $5$ <sup>th</sup> respondent as the President of the $4$ <sup>th</sup> respondent society by conducting no confidante motion meeting a fresh in accordance with Law and take steps for conducting fresh election to the committee of the society as per the rules.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Suresh Kumar Potturi, Advocate for the Petitioners, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

    1. The Principal Secretary, Cooperative Department, Secretariat, Velagapudi, Amaravathi, Guntur District, State of A.P.
    1. The Joint Director (AH) and Functional Registrar Department of Animal Husbandary and Functional Registrar, Mutyalamapadu Vijayawada Krishna District.
    1. The Director, Department of Animal Husbandary, Labbipet, Vijayawada, Krishna District.
    1. The Secretary, Ustepalli Gorrela Mekala Pempakandarula Sahakara Sangam Limited, Regd No. 2/ks, Ustepalli Village, Chandarlapadu Mandal, Krishna District.
    1. D.Venkata Krishna, S/o Mutyam, Ustepalli Village, Chandarlapadu Mandal, Krishna District

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 28-12-2020, on which date the case stands posted for hearing.

The Court made the following: ORDER:

"Notice before admission.

Learned counsel for the petitioners is permitted to take out personal notice on the 5<sup>th</sup> respondent by Registered Post with Acknowledgment due and file proof of service into the Registry. 1

Post on 28.12.2020."

Sd/- Ch. V. Subrahmanya Sarma ASSISTANT REGISTRAR

For ASSISTANT REGISTRAR

//TRUE COPY//

To,

    1. The Principal Secretary, Cooperative Department, Secretariat, Velagapudi, Amaravathi, Guntur District, State of A.P.
    1. The Joint Director (AH) and Functional Registrar Department of Animal Husbandary and Functional Registrar, Mutyalamapadu Vijayawada Krishna District.
    1. The Director, Department of Animal Husbandary, Labbipet, Vijayawada, Krishna District.
    1. The Secretary, Ustepalli Gorrela Mekala Pempakandarula Sahakara Sangam Limited, Regd No. 2/ks, Ustepalli Village, Chandarlapadu Mandal, Krishna District.
    1. D.Venkata Krishna, S/o Mutyam, Ustepalli Village, Chandarlapadu Mandal, Krishna District (Addresses 1 to 5 by RPAD- along with a copy of petition and affidavit)
    1. One CC to Sri. Suresh Kumar Potturi, Advocate [OPUC]
    1. One spare copy

$MM$

HIGH COURT

MGRJ

DATED:14/12/2020

NOTE: POST ON 28-12-2020

NOTICE BEFORE ADMISSION

WP.No.23744 of 2020

122 DEC 2020