APHC010015812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 1846/2025 Between: Chinthalamadugupalli Primary Agricultural Cooperative Society Limited ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. D KODANDARAMI REDDY Counsel for the Respondent(S): 1. GP FOR COOPERATION 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the 2nd respondent in taking steps to release the gold ornaments of the 5th and 6th respondents are illegal, arbitrary and unjust and consequently direct the respondents not to release the gold ornaments pending enquiry under Sec.60 of the APCS Act 1964 and pass such other order or orders..” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The present writ petition is filed by the Cooperative society seeking a direction to the 2nd respondent i.e., The Kadapa District Co- operative Central Bank Ltd., not to release the gold ornaments of respondent Nos.5 and 6 on the ground that respondent Nos.5 and 6 have availed loan by producing fake documents. 4. Learned Assistant Government Pleader furnished proceedings dated 09.01.2025, which was addressed by the Divisional Cooperative Officer, Proddatur, to the learned Government Pleader Office, High Court of Andhra Pradesh. On perusal of the said proceedings, it transpires that respondent Nos.2 and 7 are also having stake in this case, since the funds given as loan to the 5th respondent by the petitioner’s society were sourced from the borrowings of DCCB, 3 Kadapa. Since their funds were involved, the 2nd respondent is not entitled to release the gold ornaments to the 5th respondent and it is further transpires that the surcharge proceedings under Section 60 of the A.P.Cooperative Societies Act, 1964 read with Order dated 08.02.2024 in O.A.No.55 of 2019 on the file of the A.P.Cooperative Tribunal at Vijayawada, are pending against the 5th respondent, and as such the petitioner society is having every right to request the attachment of gold ornaments belonging to the 5th respondent, till the completion of surcharge proceedings, since the 5th respondent has availed loan from petitioner society on producing fake pattadar pass books. Had if the said funds not recovered from the delinquents, irreparable loss sustains on the part of the petitioner's society. The attachment of gold ornaments will be entertained had if the petitioner files application to that effect before the 3rd respondent. 5. Accordingly, the 2nd respondent is directed to consider both the request of the petitioner’s society and that of the 7th respondent i.e., The District Cooperative Central Bank along, with the written instructions from the District Cooperative Officer, Proddutur, wherein the said written instructions it is outlined that the surcharge proceedings are ongoing against the 5th respondent, who obtained gold loan by submitting fake documents. The release of the gold ornaments to 5th and 6th respondents should only occur after adhering 4 to the due process as prescribed by law. As a result, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous Petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 28.01.2025 KBN 5 155 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No. 1846 of 2025 Date: 28.01.2025 KBN