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2025 DAILYLAW 12924 (AP)

Late B. Krishna Murthy v. The State of Andhra Pradesh, Rep. by its Principal Secretary

WP/30088/2017 · 2025-07-21

Dhiraj Singh Thakur, Ravi Cheemalapati

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Judgment text

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I A -'APHC010318502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Or 55^ /O TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR ■^7 A AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOS: 16363 OF 2023 & 30088 OF 2017 WRIT PETITION NO: 16363 OF 2023 Between: 1. The Kuppam Primary Agricultural Co-Operative Society, Rep. by its Chief Executive Officer, Kuppam, Chittoor District. 2. The President, The Kuppam Primary Agricultural Co-operative Society, Kuppam, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Cooperation Department, Secretariat, Velagamudi, Guntur District. 2. The Institution of Lokayukta of Andhra Pradesh, D.No.96-3-72-124-1, Santhosh Nagar, Kurnool Rep. by its Registrar. 3. K Muniswari, W/o Late B.Krishna Murthy, H. No. 2/3, Motlachenu Village, Kuppam Mandal, Chittoor 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 a Writ, Order or Direction more particularly one in the nature of Writ of certiorari by calling the record in respect of Complaint No. • '975/2021/B2 before the 2nd Respondent and consequently quash the order dated 03.04.2023 passed by the 2nd Respondent in Complaint No. 975/2021/B2 as being illegal, without jurisdiction, null and void and against the very purport of the A.P. Lokatyukta and Upalokayukta Act 1983. 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 to suspend the operation of the order dated 03.04.2023 passed by the 2nd Respondent in Complaint No. 975/2021/B2, pending disposal of the present writ. Counsel for the Petitioner: SRI L J VEERA REDDY Counsel for the Respondent No.1: GP FOR COOPERATION Counsel for the Respondent No.2: SRI VIRUPAKSHA DATTATREYA GOUDA (STANDING COUNSEL FOR LOKAYUKTA) Counsel for the Respondent No.3: SRI AJAY KUMAR KANAPARTHI APHC010153082017 WRIT PETITION NO: 30088 OF 2017 Between: 1. B. Krishna Murthy, S/o Betappa Naidu, Aged about 56 years, Occ; Employee, Kuppam P.A.C.S., Kuppam Mandal, Chittoor District. (DIED) 2. K.Muniswari, Late B.Krishna Murthy, H.No 2/3, Motlachenu Village, Kuppam Mandal, Chittoor District. Legal Representative of deceased petitioner brought on record as per C.O. dt 07.11.2023 ...Petitioners AND 1. The State of Andhra Pradesh Rep by its Principal Secretary, Co operative Societies Department, Velagapudi, Amaravathi, Guntur District. The Kuppam Primary Agricultural Cooperative Society, Ltd., Kuppam Mandal, Kuppam, Chittoor District, Rep. by its President The District Cooperative Officer, Chittoor, Chittoor District. The Divisional Cooperative Officer, Madanapalli Division, Madanapalli, Chittoor District. The Deputy Registrar of Coop Societies, Society Colony, Madanapalli, Chittoor District. The A P State Cooperative Societies, Velagapudi, Amaravathi, Guntur District Rep. by its Registrar. 2. 3. 4. 5. 6. ...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 Writ, Order or Direction especially one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not reviewing and not revoking the order of suspension passed against the petitioner w.e.f. 06-07-2013 is illegal, arbitrary and violative of principles of natural justice and further declare the action of the 2nd respondent in not paying the subsistence allowance from the date of suspension to till date is also illegal and arbitrary and consequently direct the 2nd respondent to reinstate the petitioner into service with all consequential benefits. lA NO: 1 OF 2017(WPMP 37482 OF 2017 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 direct the 2nd respondent to reinstate the petitioner into service with all consequential benefits, pending disposal of the main writ petition. lA NO: 2 OF 2017fWPMP 37483 OF 2017 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 direct the 2nd respondent to pay the subsistence allowance from the date of suspension to till date, pending disposal of the main writ petition. Counsel for the Petitioners: SRI AJAY KUMAR KANAPARTHI Counsel for the Respondent Nos. 1,3 to 6: GP FOR COOPERATION Counsel for the Respondent No.2: SRI K SRINIVAS The Court made the following Common Order: % Bench Sr.No:- 11 &12 [3483] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI APHC010318502023 WRIT PETITION NO; 16363 of 2023 along with W.P.No.30088 of 2017 WP.No.16363 of 2023 The Kuppam Primary Agricultural Co-operative Society ...Petitioner Vs. The State of AP and others ...Respondents ********** Advocate for Petitioners: Mr. L J Veera Reddy (in WP.No. 16363 of 2023) Mr. Ajay Kumar Kanaparthi (in WP.No.30088 of 2017) Mr. Virupaksha Dattatreya Gouda (Standing Counsel for Lokayukta), Advocate(s) for Respondent(s): GP for Cooperation for the State CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 22"'* July, 2025 DATE PC : Learned counsel for the parties agree that subsistence allowance has been paid to petitioner No.2 in WP.No.30088 of 2017. In view of the payment having been made pursuant to our orders passed in WP.No.30088 of 2017, nothing further survives in the matters. 2 If HCJ & RC, J WPs_16363_2023 & 30088_2017 M The order, dated The Writ Petitions are accordingly disposed of. 08.02.2024, to the extent we had directed that the President of Kuppam Primary Agricultural Cooperative Society Limited shall not draw his/her salary shall stand vacated. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- U. SRSDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Department, 1. The Principal Secretary, Co-operative Societies Velagapudi, Amaravathi, Guntur District. 2. The President, Kuppam Primary Agricultural Cooperative Society, Ltd., Kuppam Mandal, Kuppam, Chittoor District. 3. The District Cooperative Officer, Chittoor, Chittoor District. 4. The Divisional Cooperative Officer, Madanapalli Division, Madanapalli, Chittoor District. 5. The Deputy Registrar of Coop Societies, Society Colony, Madanapalli, Chittoor District. 6. The Registrar Amaravathi, Guntur District. 7. The Principal Secretary, Cooperation Department, Velagamudi, Guntur District. 8. The Registrar, Institution of Lokayukta of Andhra Pradesh, D.No.96-3- 72-124-1, Santhosh Nagar, Kurnool. 9. One CC to Sri Ajay Kumar Kanaparthi, Advocate [OPUC] 10. Two CCs to GP for Cooperation, High Court of Andhra Pradesh [OUT] 11. One CC to Sri K Srinivas, Advocate [OPUC] 12. One CC to Sri L J Veera Reddy, Advocate [OPUC] 13. One CC to Sri Virupaksha Dattatreya Gouda (Standing Counsel for Lokayukta) Advocate [OPUC] 14. One CC to Sri Ajay Kumar Kanaparthi, Advocate [OPUC] 15. Two CD Copies AP State Cooperative Societies, Velagapudi Secretariat, TF HIGH COURT X DATED:22/07/2025 COMMON ORDER WP NOS. 16363 OF 2023 & 30088 OF 2017 ml! 09/s ^ Current beciion ^ DISPOSING OF THE W.P.S, WITHOUT COSTS