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2025 DAILYLAW 27558 (AP)

GUDIWADA DIVYASREE v. THE STATE OF ANDHRA PRADESH

WP/20003/2024 · 2025-02-07

Tarlada Rajasekhar Rao

body2025

Judgment text

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\. IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF FEBRUARY //-« TWO THOUSAND AND TWENTY “ amarava ft -ou m FIVE present WRIT PETITION NO- 9nnn^ OF2^ Between; Gudiwada Divyasree, 26 years, Resident Guntur-522265. W/o Naga Venkata Sai of D.No 7-12-2/3a Eswar Prasad, Aged about Mandava Vari Street, Repalle, -PETITIONER AND partment of Co-operation Secretariflf \/^i ^ C.W.. N NTR District. 3. Pepole’s Co-Operative ‘ registered office at D.No 33 Vijayawada, NTR District. Governorpet, Vijayawada, Society Limited, -12-9, 1®^ Floor Represented by its CEO Seetharampuram Having -RESPONDENTS Petition under Article 226 of the Constitution in the affidavit filed therewith appropriate Writ, Order or Direction of writ of Mandamus of India the circumstances stated i be pleased to issue an one in the nature praying that in the High Court may more particularly declaring the Respondent i respondents information action of the m not furnishing the more particularly the 3'"'^ sought by an application Andhra Pradesh Mutually Aided arbitrary and i dated 04.07.2024 under Section 26 of Co-operative Societies Act, 1995 as illegal, of Natural Justice and in Violation Pradesh Mutually Aided consequentially direct the 3™ Respondent m violation to the Principles provisions of the Andhra Societies Act, 1995 to the Co-operative to furnish and the information - 04.07.2024 made under ‘ operative Societies Act, 1995 as sought by the Petitioner i'0 his application dated t Mutually Aided Co- Section 26 of Andhra Pradesh jA NO: 1 OF 900^ Petition under Section :r:r r pleased to direct the 3'- Respondent to Petitioner dated 04.07.2024 i may be of the consider the application in accordance with the Mutually Aided Co provisions of Section 26 -operative Societies Act of Andhra Pradesh 1995 pending disposal of the writ petition. Counsel for the Petitioner: Counsel for the Respondent Counsel for the Respondent No.3: SRI u.R.P. SRINIVAS ourt made the following: ORDER SRI SHAIK RAFI Nos.1 & 2: GP FOR COOPERATION APHC010390922024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] FRIDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20003/2024 Between; Gudiwada Divyasree ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.SHAIKRAFI Counsel for the Respondent{S): 1.U.R.P. SRINIVAS 2.GP FOR COOPERATION v;. The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India for the following relief;- ...to issue an appropriate Writ, Order or Direction particularly one in the nature of Writ of Mandamus more declaring the action of the respondents more particularly the 3""^ Respondent in not furnishing the information sought by an application dated 04.07.2024 under Section 26 of Andhra Pradesh Mutually Aided Co operative Societies Act, 1995 as illegal, arbitrary and in violation to the principles of natural justice and in Violation to the provisions of the Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 and consequentially direct the 3^^ Respondent to furnish the information as sought by the Petitioner in his application dated 04.07.2024 made under Section 26 of Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 and to pass.... The petitioner herein filed an application for information under Section 26 of Andhra Pradesh Mutually Aided Co-operative Societies 1995. The petitioner has sought the information relating to the 02. Act following; i. Total funds mobilized in the form of capital, deposits, loan and other contribution from its members debentures from 08.01.2019 to till date by the peoples mutually, aided cooperative credit society ltd., (Reg.AMC/KNA/DCO/2013/44). jj ^The details of the above requested fund-depositors including the date on which they were given voting membership date of 3 enrolled "voterfin ®'^'’ -Posl,orslsno.,.en.o.l„:tupe:;;i:Ll- right in the slddVlhrTules macs act, 1995. ^fTiendments of AP or said III. reak^ ^",'rie approvals from the cooperativfcS 50^6^11^®"" Vijayawada from the IV. district co-operative /D A. mutually aided ^ ^^®9-AMC/KNA/DCO/201 date of registration to till date. 3/44) 03. The said application information sought vide filed seeking direction was filed on 04.07.2024. letter dated 04.07.2024 to furnish information. For not furnishing the present writ petition 04. The 2"'^ r and stated that the respondent/District Co operative Registrar filed counter before the sought by the petitioner writ petitioner has respondents No. 1 to 3 to furnish vide application dated 04. not filed any application the information 07.2024. 05. The 3^"^ [ information/details respondent has filed counter stating that not fall under Cooperative Societies for facility and for the requested by the writ petitioner do Pradesh Mutually Aided Section 26(3) of Andhra Act, 1995. which i IS extracted hereunder disposal of the writ petition ;- proper (V Every Co- following accounts, a) a copy of this incorporated; operative Society shall records and documents i<eep at its office, the namely:- Act with upto date amendments b) copies of other laws and regulations to which the Co- operative Society is subject, c)a copy of its registered bye-laws with amendments made from time to time; d)the minutes book; e) accounts expended by the Co-operative received and Society and their of all sums of money respective purposes, f) accounts of all purchases and sales of goods by the Co-operative Society; of all assets and liabilities of the Co- g) accounts operative Society; h)a register showing member-wise patronage provided by the Co-operative of various services Society; I) an upto date register, and a list of aii members with voting rights for the current year prepared within thidy days of closure of the Co-operative Society’s fmanaat year; j) copies of the audit reports and special audit and/or inquiry report, if any and compiiance reports thereon: and k)all such other accounts, records and documents as may to required by this Act or other laws. records shall be open for books of accounts and other Director during business hours. (2)The perusal by any 5 (3)Copies of the Act, bye-taws, Genera! Body meetings special audit and i minutes book pertaining to the . reports and compliance thereon inquiry, voters list and such audit, account as relate to a available to any members during a fee to be decided by the Board. In the operative Society with unlimited iiability, in addition also have member shall be made business case of a Co- a member may accounts during business hours, hours at access to all books of at fee decided by the Board. ’’ 06. Hence, this Writ Petition i is disposed of. directing the 3 if the Mutually a period of four (04) There shall be rd respondent to furnish the information information sought fall under as sought by the petitioner Section 26 (3) of Andhra Pradesh Aided Cooperative Societies Act, 1995, within weeks from the date of receipt of copy of the order. order as to costs. no As a sequel thereto, mi stand closed. miscellaneous Petitions pending, if any. Shall / Sd/- A.VUAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECrnON OFFICER 1. The Principal Secretary. Department of Co-operation. State of Andhra Pradesh. Secretariat, Velagapudi, Amaravati.. 2. District Co-Operative Registrar, NTR District NTR District. 3. The CEO. People's Co-Operative Society Limited, Having registered office at D.No 33-12-9, 1st Floor, Seetharampuram District. 4. One CC to Sri Shaik Rafi, Advocate [OPUC] 5. One CC to Sri U.R.P. Srinivas 6. Two CCs to GP for Cooperation 7. Three CD Copies. To, Governorpet, Vijayawada, Vijayawada, NTR Advocate[OPUC] High Court of Andhra Pradesh. [OUT] ssb high court DATED;07/02/2025 ORDER WP.No.20003 of 2024 ? 19 FEB 2025 t ^ . Current beciion 69. disposing of the W.P. WITHOUT COSTS