% APHC010359652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI >3 TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT APPEAL NO: 815 OF 2025 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 07.07.2025 in WP No. 16614/2025 on the file of the High Court. Between: M Venkata Siva Reddy, S/o Late M. Nagi Reddy, Aged about 44 years, Occ: Agriculturist, Former Chairperson, Penumaka PACS Ltd. Penumaka, Near Elementary School, Guntur District, Andhra Pradesh. Resident of ...Appellant/Writ Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravati, Guntur District. The Registrar of Cooperative Societies, Andhra Pradesh, Guntur. The Deputy Registrar of Cooperative Societies / Surcharge Authority, Guntur. The Penumaka Primary Agriculture Cooperative Society Ltd, Penumaka, Tadepalli Mandal, Guntur District, Rep. by its President. ...Respondents/ Respondents 1. 2. 3. 4. lA NO: 1 OF 2025 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 stay all further proceedings pursuant to the surcharge order Re. No. 835/2023-C dated 24.05.2025 issued by the 3rd respondent. Counsel for the Petitioner: SRI ASHOK RAM V Counsel for the Respondent Nos. 1 to 3: GP FOR COOPERATION Counsel for the Respondent No.4: — The Court made the following order: APHC0103596S2025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-8 AT AMARAVATI [3483] 1 WRIT APPEAL NO: 815 of 2025 M Venkata Siva Reddy ...Appellant Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Appellant Mr. Ashok Ram V Advocate for Respondents GP for Cooperation for R.1 to R.3 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 22"^* July, 2025 DATE PC : The present writ appeal has been preferred against the order, dated 07.07.2025, in WP.No. 16614 of 2025 whereby the prayer of the petitioner (appellant herein) for grant of interim relief was rejected ‘for the time being’. By virtue of the said order, time was granted to the parties to complete the pleadings. The matter has now been directed to be listed on 11.08.2025. 2. A number of issues have been raised by learned counsel for the appellant - Mr. V. Ashok Ram with a view to support and buttress his plea that this was a fit case where interim protection ought to have been granted in favour of the petitioner - appellant. 2 HO & RC, J WA 815 2025 It is stated that the order passed by the concerned officer in exercise of powers under Section 60 of the Andhra Pradesh Cooperative Societies Act, 1964 [for short, ‘the ARCS Act’] was unsustainable in law inasmuch as a copy of the inquiry report submitted by the concerned officer in terms of Section 51 of the ARCS Act was not furnished to the petitioner. Reliance has been placed upon a judgment of this Court rendered in Challa Sanyasinaidu v. Deputy Registrar of Co-op.Society, Srikakulam [1998(1) ALD 455] which envisages that although proviso to Section 60 of the ARCS Act contemplates an opportunity being given to the person for making a representation before an order is passed, yet, principles of natural justice require that before passing an order of surcharge under Section 60, a copy of the inquiry report ought to be supplied as also an opportunity to cross- examine the witnesses who deposed in the matter during the surcharge proceedings under Section 60 of the ARCS Act. Apart from this, another issue that has been highlighted is that during the surcharge proceedings, apart from not acceding to the request of the petitioner to furnish a copy of the inquiry report, the petitioner was also not permitted to cross-examine the witnesses that had been examined during the proceedings under Section 60 which too it is stated is a violation of the principles of natural justice and in particular provisions of Section 60 of the ARCS Act. \ , 3 HCJ & RC, J WA 815 2025 3. On a perusal of the order impugned, it is clear that it is a non speaking order and does not give any reasons as to why at that stage the learned single Judge did not consider it a fit case for grant of interim relief. 4. It is stated that recovery proceedings have been initiated under Section 70 of the ARCS Act which will render the proceedings before the learned single Judge academic in case some protection is not given. Considering the peculiar facts and circumstances of the case find that this is a case where some interim protection is required to be given to the petitioner and, therefore, we order that no coercive steps be taken against the petitioner for recovery in terms of Section 70 of the ARCS Act till such time as the matter is considered by the learned single Judge. 5. we We direct the parties to complete the pleadings positively within the period prescribed and before the matter is listed before the learned single Judge on 11.08.2025. 6. The Writ Appeal is accordingly disposed of. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Registrar of Cooperative Societies, Andhra Pradesh, Guntur. 3. The Deputy Registrar of Cooperative Societies / Surcharge Authority, Guntur. 4. The President, Penumaka Primary Agriculture Cooperative Society Ltd, Penumaka, Tadepalli Mandal, Guntur District. 5. The Section Officer, Posting Section, High Court of Andhra Pradesh at Amaravathi. 6. The Section Officer, Writ (Non-Service), High Court of Andhra Pradesh at Amaravathi. 7. One CC to Sri Ashok Ram V Advocate [OPUC] 8. Two CCs to GP for Cooperation, High Court of Andhra Pradesh [OUT] 9. Two CD Copies TF HIGH COURT DATED:22/07/2025 ORDER WA NO. 815 OF 2025 DISPOSING OF THE W.A., WITHOUT COSTS