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2025 DAILYLAW 12714 (AP)

SHAIK SHAMSHAD v. THE STATE OF ANDHRA PRADESH

WP/7698/2023 · 2025-07-01

Kiranmayee Mandava

body2025

Judgment text

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APHC010150502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7698 OF 2023 Between: Mrs. Shaik Shamshad, D/o. Shaik Masthan Saheb, aged about 60 years, Occ. Messenger, R/o.H.No.8-13-01, LA sagaram, Nayudupeta, SPSR Nellore District, Andhra Pradesh. ...Petitioner/s AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture and Co-operation Department, Secretariat, Amaravathi, Guntur District, Andhra Pradesh. 2. The Commissioner for Cooperation and Registrar Of Cooperative Societies, Guntur, Guntur District. 3. The SPSR Nellore District Cooperative Central Bank ltd, Nellore, rep. by its Chief Executive Officer, (C.E.O.)., Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001. 4. The SPSR Nellore District Cooperative Central Bank Ltd, rep. by its Chairman/PIC, O/o. Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001. ...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 pray that this Honourable Court for issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the S'" Respondent in issuing the retirement Notice vide Rc.No.Esst/Retirement Information/ 2022-23, dated 13.03.2023 -■.-i informing that petitioner would be superannuated from 31.03.2023 thought he petitioner is entitled to be service upto 62 years i.e., till 31.03.2025 as per the amendment made vide G.O.Ms.No.15 Finance (HR-IV-FR Department dated 31.01.2022 and LR) as illegal, arbitrary and contrary to the principles of natural justice, without any juridiction, violative of Fundamental Rights guaranteed under Article 14 and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 and Rules made therein and consequently set-aside the and illegal. same as void lA NO: 1 OF 2023 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 direct the respondents to continue the service of the petitioner upto age of 62 years, pending disposal of the above Writ Petition. lA NO: 2 OF 2023 to Between; 1. The State of Andhra Pradesh rep. by its Principal Secretary Agriculture and Co-operation Department, Secretariat, Amaravathi Guntur District, Andhra Pradesh. 2. The Commissioner for Cooperation and Registrar Of Cooperative Societies, Guntur, Guntur District. .. .Petitioners/Respondents AND 1. Mrs. Shaik Shamshad, D/o. Shaik Masthan Saheb, aged about 60 years, Occ. Messenger, R/o.H.No.8-13-01, LA sagaram, Nayudupeta, SPSR Nellore District, Andhra Pradesh. ...Respondent/Petitioner 2. The SPSR Nellore District Cooperative Central Bank ltd, Nellore, rep. by its Chief Executive Officer, (C.E.O.)., Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001. 3. The SPSR Nellore District Cooperative Central Bank Ltd, rep. by its Chairman/PIC, O/o. Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001. .. .Respondents/Respondents (R2 & R3 are not necessary parties in this petition 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 dated 28-03-2023 in IA.No.1 /2023 in WP.No.7698/2023 and dismiss the writ petition. Counsel for the Petitioner: M/S BOBBA VIJAYALAKSHMI Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES II Counsel for the Respondent Nos.3 & 4: SRI SIVAPRASAD REDDY VENATI The Court made the following order: APHC010150502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7698/2023 Between: 1.SHAIK SHAMSHAD, D/0. SHAIK MASTHAN SAHEB, AGED ABOUT 60 YEARS, OCC. MESSENGER, R/O.H.NO.8-13-01, LA SAGARAM, NAYUDUPETA, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. I 2.THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GUNTUR, GUNTUR DISTRICT. 3.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, NELLORE, REP. BY ITS CHIEF EXECUTIVE OFFICER, (C.E.O.)., NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001. 4.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, REP. BY ITS CHAIRMAN/PIC, 0/0. NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001. ...RESPONDENT(S): Counsel for the Petitioner: 1. BOBBA VIJAYALAKSHMI m 2 Counsel for the Respondent(S): 1.SIVAPRASAD REDDY VENATI 2.GP FOR SERVICES II The Court made the following: ORDER: Sri Bobba Vijayalakshmi, learned counsel for the petitioner filed a memo seeking permission of the Court to withdraw the writ petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR <' //TRUE COPY// SE OFFICER To. 1. OneCCto M/S. BOBBA VIJAYALAKSHMI, 2. One CC to SRI. SIVAPRASAD REDDY VENATI 3. Two CCs to GP FOR SERVICES [OUT] 4. Two CD Copies , Advocate [OPUC] J, Advocate [OPUC] II High Court of Andhra Pradesh sree high court DATED;02/07/2025 ORDER WP NO. 7698 OF 2023 dismissing the w.p. AS WITHDRAWN WITHOUT COSTS