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2025 DAILYLAW 14477 (AP)

M SRI RAMA MURTHY v. The State of Andhra Pradesh,

WP/9336/2025 · 2025-05-07

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

\A IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY. THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE 0 o \:C% PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9336 OF 2025 Between: f 1. M Sri Rama Murthy, S/o. Simhadri Age 54 years, Occ President, The Visakhapatnam Port Trust Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District. 2. Ch. Balaji Rao, S/o.Ch Krishna Rao Age 54 years, Occ Vice President, The Visakhapatnam Port Trust Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District. 3. Degala venkata Appala Siva Raghu Ram, S/o. Degala Tulasi Rao Age 52 years, Occ Director, The Visakhapatnam Port Trust Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District, 4. K Sobhan Kumar, S/o. K.Guddam Naidu Age 54 years, Occ Director Ki Trust Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District. 5. Rokkam Suresh Kumar, S/o Viswanath rao Age 49 years, Occ Director Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District. 6. Nalam Visweswara Rao, S/o N.Surya rao Age 52 years, Occ Director NI D Port Trust Employees Cooperative Society Limited No B-307, Visakhapatnam, Visakhapatnam, District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Agriculture and; Cooperation Department, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh. Skylark Towers, Syamala Nagar, Guntur District. Visakhapatnam, ®' Nn^R'-^^n'v'vP^'uk"’ Port TfaSt'Employees Cooperative Special^Officer^^^^*^^*'^-^'^’ 'rtSakhapatnam, District Cooperative Bheemili, Society Limited Represented by its ...Respondents ■ ' ■ f' Petition under Articie 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ. Order ^ in the nature of writ of mandamus to declare may or Direction more particularly the action of the 4th one respondent in issuing orders under the provisions of section 34(1) of the Andhra Pradesh cooperative Societies Act, 1964 in Rc.No 41/2020/B dated 26-03-2025 in superseding the Managing Committee of the \/isakhapatnam Society Limited No M Port Trust Employees Cooperative 307,Visakhapatnam as illegal, arbitrary provisions of the A.P. Cooperative Societies Act and unconstitutional and contrary to the Rules made there under and consequently set aside the orders issued in Rc.No 41/2020/B dated 26-03-2025 in superseding the Managing Committee of the Visakhapatnam Port Trust Employees Cooperative 307,Visakhapatnam Society Limited No M lA NO: 1 OF Petition under Section 15r ©PG praying that in the circumstances Stated in the affidavit tiled in support of the petition, the High Court may be pleased to suspend the orders issued by the 4th respondent in Rc.No 41/2020/B dated 26-03-2025 in superseding the Managing Committee of the Visakhapatnam Port Trust Employees Cooperative 307, Visakhapatnam pending disposal of the Society Limited No M writ petition Counsel for the Petitioners: SRI SK RAFI L REPRESENTED FOR SRI L V S NAGARAJULEARNED COUNSEL Counsel for the Respondents Np.1 to 5: GP FOR AGRICULTURE Counsel for the Respondent No.6: SRI P SRI RAM ^ The Court made the following: Order APHC010179082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9336/2025 Between: 1.M SRI RAMA MURTHY, S/O.SIMHADRI AGE 54 YEARS OCC PRESIDENT, THE VISAKHAPATNAM PORT TRUST EMPLOYEES COOPERATIVE SOCIETY LIMITED NO B-307, VISAKHAPATNAM VISAKHAPATNAM, DISTRICT. 2.CH.BALAJI RAO, S/O.CH KRISHNA RAO VICE PRESIDENT, EMPLOYEES AGE 54 YEARS, OCC THE VISAKHAPATNAM PORT TRUST COOPERATIVE SOCIETY LIMITED NO VISAKHAPATNAM, VISAKHAPATNAM, DISTRICT. B-307, 3. DEGALA VENKATA APPALA SIVA RAGHU RAM 52 YEARS, OCC T VISAKHAPATNAM PORT TRUST EMPLOYEES COOPERATIVE SOCIETY LIMITED NO B-307, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. S/0. DEGALA DIRECTOR, THE TULASI RAO AGE 4.K.SOBHAN KUMAR, S/0. K.GUDDAM NAIDU AGE 54 YEARS DIRECTOR, OCC THE VISAKHAPATNAM PORT TRUST EMPLOYEES COOPERATIVE SOCIETY LIMITED NO B-307, VISAKHAPATNAM VISAKHAPATNAM, DISTRICT. 5.ROKKAM SURESH KUMAR, S/0 VISWANATH RAO DIRECTOR, AGE 49 YEARS, THE VISAKHAPATNAM PORT TRUST COOPERATIVE SOCIETY LIMITED NO B-307, VISAKHAPATNAM, VISAKHAPATNAM, DISTRICT. OCC EMPLOYEES 6.NALAM VISWESWARA RAO, S/0 N.SURYA RAO AGE 52 YEARS 2 OCC DIRECTOR EMPLOYEES VISAKHAPATNAM, VISAKHAPATNAM, DISTRICT. THE VISAKHAPATNAM PORT TRUST ' COOPERATIVE SOCIETY LIMITED NO B-307, ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT COOPERATION DEPARTMENT, AMARAVATHI, GUNTUR DISTRICT. 2.THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT PRADESH, SKYLARK TOWERS, SYAMALA NAGAR, DISTRICT. 3.THE JOINT REGISTRAR/ DISTRICT COOPERATIVE OFFICER, VISAKHAPATNAM,VISAKHAPATNAM DISTRICT. 4.THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES/ DIVISIONAL COOPERATIVE VISAKHAPATNAM, DISTRICT. 5.THE ASSISTANT REGISTRAR, SUB DIVISIONAL COOPERATIVE OFFICER, BHEEMILI, VISAKHAPATNAM DISTRICT. 6.THE VISAKHAPATNAM PORT TRUST EMPLOYEES COOPERATIVE SOCIETY LIMITED NO B307, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT REPRESENTED BY ITS SPECIAL OFFICER AGRICULTURE AND SECRETARIAT, VELAGAPUDI, OF ANDHRA GUNTUR OFFICER, VISAKHAPATNAM, ...RESPONDENT(S): Counsel for the Petitioner(S): 1.LVS NAGARAJU Counsel for the Respondent(S): 1.GP FOR AGRICULTURE 3 The Court made the following ORAL ORDER: Heard Sri Sk. Rafi, learned Counsel appearing on behalf of Sri L.V.S. Nagaraju, learned Counsel for the Writ Petitioners and Sri A. Krishna Kishore, Learned Assistant Government Pleader for Co-operation and Agriculture. 2. Sri Sk. Rafi, learned Counsel appearing on behalf of Sri L.V.S. Nagaraju, learned Counsel for the Writ Petitioners, on instructions, seeks to withdraw the Writ Petition with liberty to the Writ Petitioners to avail other remedies available to them under law. 3. Accordingly, the Writ Petition is dismissed as withdrawn with liberty to the Writ Petitioners to avail other remedies available to them under law. There shall be no Order as to costs. 4. Interlocutory Applications, if any, stand closed in terms of this Order. Sd/- J SAROJA TRAR ASSISTANT RB 5 //TRUE COPY// SECTION OFFICER To. 1. One CC to SRI L V S NAGARAJU Advocate [OPUC] 2. Two CCs to GP FOR AGRICULTURE, High Court of Andhra Pradesh [OUT] 3. One CC to SRI P SRI RAM, Standing Counsel for Visakhapatnam Port ^ Trust [OPUC] 4. Three CD Copies gsg HIGH COURT DATED: 08/05/2025 \ i ORDER WP.No.9336 of 2025 :y ■ g( 2 <1 SEP 2025 1? O',. rrentSectiwiX* t