APHC010493332023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 26089/2023 Between: 1. EARLA TATAJI, S/O E.SRI RAMULU, EMPLOYEE IN NAVEL DOCKYARD, AGED ABOUT 33 YEARS,R/O DOOR NO.30-71- 2, APPIKONDA,R.H.COLONEY,VADLAPUDI (P.0), GAJUWAKA MAND'AL, VISAKHAPATNAM-530046. 2. K. POTHI NAIDU, S/O K.RAM MURTHY, AGED ABOUT 33 YEARS,EMPLOYEE IN NAVEL DOCKYARD,R/O DOOR NO.30- 71- 2, APPIKONDA,R.H.COLONEY,VADLAPUDI (P.0), GAJUWAKA MANDAL, VISAKHAPATNAM-530046. ...PETITIONER(S) AND 1. THE PRESIDENT/SECRETARY, INDIAN NAVY CIVIL EMPLOYEES CO-OPERATIVE SOCIETY LTD (INCES), NAVELDOCKYARD,VISAKHAPATNAM,-530014. 2. THE ADRINAL SUPERITENDANTA S D, FOR MANAGER, PERSONAL SERVICE DEPARTMENT, IND PAY SECTION, NAVEL DOCKYARD, VISAKHAPATNAM-530014. 3. PEDHAPAMSETTI HARI SANTOSH, S/O P.BAPUNADIDU, EMPLOYEE OF NAVEL DOCKYARD, AGED ABOUT 36 YEARS,R/O DOOR NO.9-115, GAVARA JAGGAYYA PALAM, 2 JS,J W.P.No.26089 of 2023 NEARRAMALAYAM,SHEELANAGAR,VISAKHAPATNAM 530012 4. UNION OF INDIA, REP BY CHIEF OF NAVEL STAFF INTEGRATED HEAD QUARTERS, NEW DELHI ...RESPONDENT(S): 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 Mandamus declaring the action of the 1st and 2nd Respondents i.e to recover the Loan amount which has availed by the 3rd Respondent, from their salaries , without following due process of law and even this petitioners have not signed on loan document as sureties and even this petitioners have no way concerned with the loan Transaction which has preformed between 1st and 3rd Respondents and even the 1st Respondent and 2nd Respondent have not Examined our Replies and without following the Natural Justice and legal Principals as Void and purely illegal, Arbitrary and violation of principals of natural justice and article 14,19 and 21 and Article 243 (Z) (Q) of constitution of India IA 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 stay the Recovery of amount from Petitioner's Monthly Salary, which has done by the 2nd Respondent without following due process of law until disposal of the above Writ Petition Counsel for the Petitioner(S): 1. G VENKATA SUBBA RAJU Counsel for the Respondent(S): 1. DIVYA DATLA(CENTRAL GOVERNMENT COUNSEL) 2. V V N NARASIMHAM This Court made the following: 3 JS,J W.P.No.26089 of 2023 ORDER: This writ petition is filed by the petitioners to declare the action of respondent Nos. 1 and 2 to recover the loan amount, which was availed by the 3rd respondent, from their salaries without following due process of law, as illegal and arbitrary. 2. The brief averments of the writ affidavit are that the 1st respondent, in the capacity of the President/Secretary of the Indian Navy Civil Employees Co-operative Society Ltd., issued a notice dated 08.08.2023 to the petitioners stating that the petitioners have stood as sureties for the loan amount availed by the 3rd respondent from the Society and that as the 3rd respondent failed to pay the monthly installments, the petitioners are jointly liable to pay the loan amount. 3. Learned counsel for the petitioners submits that the earlier Management of the Society, in collusion with the 3rd respondent, forged the signatures of the petitioners. The petitioners issued a reply notice dated 29.08.2023 requesting the 1st respondent to furnish photocopies of the loan documents. They also submitted a 4 JS,J W.P.No.26089 of 2023 representation to the District Collector, Visakhapatnam, on 04.09.2023 by way of Spandana. Since no action was taken by respondent Nos.1 and 2, the petitioners have filed the present writ petition. 4. On the other hand, learned counsel for respondent Nos.1 and 4 submits that the writ petition is not at all maintainable, and if the petitioners have any accrued rights, they must approach the competent authority as per the provisions of the A.P. Cooperative Societies Act, 1964. Furthermore, the petitioners have not made the Society a party, and they only made the 1st respondent, who is merely a representative of the Society. The learned counsel further states that the Society conducts its business operations solely from its own funds or borrowings, and there is clearly no grant from the State or any statutory authority. The learned counsel also submits that there are no averments against the official respondents in the entire affidavit, and the petitioners have only made respondent Nos.1 and 2 party respondents to maintain the writ petition. Therefore, the writ petition is liable to be dismissed. 5 JS,J W.P.No.26089 of 2023 5. A perusal of the letter of the Divisional Cooperative Officer, Visakhapatnam, addressed to the District Collector, Visakhapatnam, vide Rc.No.41/2020-B, dated 25.09.2023, clearly shows that the application made by the petitioners before the District Collector, Visakhapatnam, was disposed of. The petitioners were informed to file a proper application for arbitration before the Deputy Registrar of Cooperative Societies, Visakhapatnam, for settlement of the dispute raised by them under the provisions of Section 61 of the Act. 6. As per the provisions of Section 61 of the A.P. Cooperative Societies Act, 1964, any dispute between the Society and the Member must be settled by filing an application for arbitration before the competent authority as per law. However, without availing such a remedy, the petitioners have directly approached this Court by way of this writ petition. 7. Given the above, the Writ Petition is dismissed, affording the petitioners the liberty to approach the proper forum for the redressal of their grievance. No order as to costs. 6 JS,J W.P.No.26089 of 2023 Miscellaneous petitions, if any, pending in this appeal shall stand closed. ________________________________ JUSTICE SUMATHI JAGADAM 19th August, 2025 cbs 7 JS,J W.P.No.26089 of 2023 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No.26089 of 2023 19th August, 2025 cbs