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2025 DAILYLAW 11156 (AP)

Hanumantu Narayana Dora, v. The Commissioner for Cooperation &

WP/6650/2012 · 2025-01-08

Harinath N

body2025

Judgment text

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if IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH'DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 6650 OF 2012 Between: >fanumantu Narayana Dora, S/o. Hanumanthu Deenabandhu, Aged about 49 years, Occ; Chief Executive Officer, R/o. D.No. 7-6-72, New Colony, Srikakulam Town & District. ...PETITIONER AND 1. The Commissioner for Cooperation &, Registrar of Cooperative Societies Gruhakalpa, Nampally, Hyderabad. 2. The Deputy Registrar of Cooperative Societies, Srikakulam. 3. The Srikakulam Coop. Urban Bank Ltd., Rep. by its Chairman, 12-13- 1/A, 1st Floor, Near Old Murali Talkies, Women's College Road, Srikakulam - 532 001, Rep. by its Chairman. 4. The District Cooperative Officer / Joint Registrar, Srikakulam, Srikakulam District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus, or any other appropriate Writ, order or direction, declaring the Proceedings Rc. No. 532/2011-B, dt. 07-03-2012 issued by the 2nd Respondent purportedly under Section 59(3) of A.P. Cooperative Societies Act as illegal, arbitrary, and without jurisdiction and set aside the same. I.A. NO: 2 OF 2012rWPMP. NO: 8426 OF 2012) Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant interim stay of all further Proceedings pursuant to the Proceedings Rc. No. 532/2011-B, Dt.07.03.2012 issued by the 2nd Respondent, pending disposal of the above writ petition. I.A. NO: 1 OF 2012rWVMP. NO: 2397 OF 2012) Between: 1. The Commissioner for Cooperation &, Registrar of Cooperative Societies Gruhakalpa, Nampally, Hyderabad. 2. The Deputy Registrar of Cooperative Societies, Srikakulam. 3. The District Cooperative Officer / Joint Registrar, Srikakulam, Srikakulam District. ...PETITIONERS/RESPONDENTS AND 1. Hanumantu Narayana Dora, S/o. Hanumanthu Deenabandhu, Chief Executive Officer, R/o. D.No. 7-6-72, New Colony, Srikakulam Town & District. ...RESPONDENT/PETITIONER 2. The Srikakulam Coop. Urban Bank Ltd. 12-13-1/A, 1st Floor, Near Old Murali Talkies, Women's College Road, Srikakulam - 532 001, Rep. by its Chairman. I ) ...RESPONDENT/RESPONDENT (Respondent No.2 is not necessary party to this petition) Petition under Section 151 CPC is filed 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 orders dt:12.03.2012 made in W.P.No. 6650 of 2012. w \ ’ ■*k Counsel for the Petitioner: SMT. V SESHA KUMARI Counsel for the Respondents: GP FOR COOPERATION The Court made the following: ORDER APHC010128382012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N [3457] WRIT PETITION NO: 6650/2012 Between: Hanumantu Narayana Dora, ...PETITIONER AND The Commissioner For Cooperation and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VSESHA KUMARI Counsel for the Respondent(S): 1.GP FOR COOPERATION The Court made the following Order: The petitioner has challenged the proceedings dated 07.03.2012 passed by the 2"*^ respondents. 2. This Court, on 12.03.2012, directed the petitioner to be reinstated in view of the completion of the enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964, on nd 11.12.2011. However, the said order was reviewed by the 2 respondent, who passed the impugned proceedings dated i' 07.03.2012. i 2 3. This Court observed that the 2"" respondent does not have primd fscia jurisdiction to pass an order on review and suspended the impugned proceedings. During the pendency of the writ petition, the petitioner has attained the age of superannuation. 4. The impugned proceedings are hereby set aside, as the 2 respondent does not have the power to review orders under Section 59 of the Andhra Pradesh Cooperative Societies Act, 1964. The petitioner was reinstated after the completion of the enquiry under Section 51 and once the enquiry was completed, the competent authority reinstated the petitioner into service. Such orders could not have been reviewed by the 2"^^ respondent under Section 59(3) of the Andhra Pradesh Cooperative Societies Act, 1964, as the statute does not permit such an action. nd 5. Accordingly, the writ petition is allowed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- A. ViJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Commissioner for Cooperation &, Registrar of Cooperative Societies Gruhakalpa, Nampally, Hyderabad. 2. The Deputy Registrar of Cooperative Societies, Srikakulam. 3. The Chairman, Srikakulam Coop. Urban Bank Ltd., 12-13-1/A, 1st Floor, Near Old Murali Talkies, Women's College Road, Srikakulam. w Srikakul'am District’’"^""''" ‘ R^Sisfar, 5. - Ofie CC to Smt. V Sesha Kumari Advocate [OPUC] ^■Two CCS to GP for Cooperation, High Court ofAndhra Pradesh [OUT] 7. Three CD Copies ^ Srikakulam r / TF HIGH COURT ) DATED:08/01/2025 \ \ ORDER WP.No.6650 of 2012 X 0 'i MAR 2C25 S- . Current section ALLOWING THE W.P. WITHOUT COSTS