IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2007 OF 2025 Between: 1. Tummapudi Dhana Lakshmi, W/o. T. Surya Prakasha Rao, Aged about 73 years, House wife, R/o. D.No. 23-11-1/3a, Ogiralavari Street, Tummapudi Kuteer Stayanarayana Puram, Vijayawada - 520011. 2. Tummapudi Surya Prakash Rao, S/o. T. Subbiah, aged about 78 years, R/o. D. No. 23-11-1/3a, Ogiralavari Street, Tummapudi Kuteer Stayanarayana Puram, Vijayawada - 520011. ...PETITIONERS AND 1. The Union of India, Represented by its Secretary, Ministry of Finance, Jeevaan Deep Building Sansad Marg, New Delhi - 110001. 2. The Reserve Bank of India, Represented by its Secretary, 18‘^ floor. Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400001. 3. The Chief General Manager, Reserve Bank of India, 18'*^ floor. Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400001. 4. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Department of Cooperative Societies, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 5. The Commissioner, For Cooperation and Registrar of Cooperative societies Skylark Tower, near D. No. 2/-16-83, 11**^ Lane, Syamala nagar, Guntur - 522006. 6. The District Collector and Executive Magistrate, NTR District, Vijayawada. 7. The District Cooperative Officer cum Liquidator, 3'^* Floor, AMC Complex, Governorpet, Vijayawada. ii 8. M/s Durga Co-operative Urban Bank Ltd., Rep. by its Chief Executive officer, Regd. No. H. 953, situated at RR Apparao Street, Vijayawada - 520001. 9. The PIC Chairman and Committee, M/s Durga Cooperative Urban Bank ltd, RR Apparao Street, Vijayawada - 520001. 10.The Authorized officers. For SARFAESI Proceeding The Durga Cooperative Urban Bank Ltd, RR Apparao Street, Vijayawada - 520001. 11.The Durga Cooperative Urban Bank Ltd, Rep. by its branch Manager, Satyanarayana Puram Branch, Vijayawada. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue a Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declare the action of the Respondents against the petitioners denying the petitioners to operate the bank locker bearing No. BS 57 in 11*^ respondent which is branch of 8th respondent bank situated to take back their valuable gold ornaments and important documents which was in the safe custody of the 11“^ respondent as illegal, arbitrary, violation of principles of natural justice violation of Articles 14, 19, 21 and 300-A of the Constitution of India to set-aside termination of banking license of the 8th respondent with vide CO.DOR.RG.NO.S4728/12-24 - 020/2024-2025 dated 11-11-2024 to operate their bank locker in 11 respondent bank branch and consequentially direct the 2"'^ respondent to restore the banking license to allow the petitioners to operate their bank accounts and bank lockers to protect the interest of the petitioners and other innocent bank account holders, locker holders and depositors and also pass th lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to suspend the orders of the 2"^^ respondent by terminating the r' th banking license of the 8 respondent bank covered under vide CO.DOR.RG.NO.S4728/12-24-020/2024-2025 dated 11-11-2024 to allow the petitioners to operate their bank locker bearing No. BS 57 in 11 respondent to take back their valuable gold ornaments and documents from the 11‘^ respondent bank by collecting necessary charges pending if any. th Counsel for the Petitioner : SRI GANGISETTI UMA SANKAR Counsel for the Respondent No.1 : SRI ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) Counsel for the Respondent Nos.2 & 3 : SRI S. SATYANARAYANA MOORTHY Counsel for the Respondent Nos.4 to 6 : GP FOR COOPERATION Counsel for the Respondent Nos.7 to 11 : NONE APPEARED The Court made the following: ORDER 4^ APHC010591802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] Mm WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2007/2025 Between: Tummapudi Dhana Lakshmi and Others ...PETITIONER(S) AND The Union Of India and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.GANGISETTI UMA SANKAR Counsel for the Respondent(S): 1.S SATYANARAYANA MOORTHY 2.GP FOR REVENUE 3.ENKEKALUVA ANJANA REDDY(CENTRAL GOVT COUNSEL) 4.GP FOR COOPERATION The Court made the following: r- 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2007/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- "to issue a writ, order or direction more particularly one in the nature of Writ of declare the action of the respondents against the petitioners denying the petitioners to operate the bank locker bearing No.BS 57 in 11‘^ respondent which Is branch of 8‘^ respondent bank situated to take back their valuable gold ornaments and important documents which was in the safe custody of the 11‘^ respondent as illegal, arbitrary, violation of principles of natural justice, violation of Articles 14, 19, 21 and 300-A of the Constitution of India to set aside termination of banking license of the 8‘^ respondent vide CO.DOR.RG.No.S4728/12-24-020/2024- 2025, dated 11.11.2024 to operate their bank locker in 11 respondent bank branch and consequentially direct the respondent to restore the banking license to allow the petitioners to operate their bank accounts and bank lockers to protect the interest of the petitioners and other innocent bank account holders, locker holders and depositors and pass such other order. ” th 2. Heard the learned counsel for the petitioners, learned Standing Counsel for respondent No.1, learned Standing Counsel for respondent Nos.2 and 3 and the learned Assistant Government Pleader for the respondent Nos.4 to 6. 3. Learned counsel for the petitioners submits that the petitioners are the joint account holders of the 11*^ respondent Branch of 8*^ respondent bank and they were also granted locker facility. The petitioners have been operating their bank account as 3 well as locker, since from the date of opening account. While so, without there being any information, the petitioners were restrained from operation of locker on the guise of entire banking operations as well as license of the 8‘^ respondent bank are suspended and the banking license of the 8*^ respondent bank was also terminated on 11.11.2024. 4. Learned counsel for the petitioners further submits that in view of the termination of the banking license of the 8*^^ respondent bank, the 1l'^ respondent being the branch of the 8^'' respondent bank not allowing any operations in respect of the accounts much less not allowing for operation the bank lockers. Hence, the present Writ Petition. 5. On the other hand, learned Standing Counsel for th respondent Nos.2 and 3 submits that the license of the 8 respondent bank was terminated on 11.11.2024 due to violation of the conditions of the banking license. To meet the exigencies of the account holders as well as bank locker holders, the respondent Nos.2 and 3 had appointed 7'^ respondent as official liquidator to look after the affairs of the 8**^ respondent bank. Therefore, the operations of the 11*^ respondent branch to be carried through the official liquidator only. In view of the appointment of the 7 respondent as official liquidator, the grievance of the petitioners can be redressed by the 7‘^ respondent, if the petitioners submit their th 4 grievance by way of any representation or application before the 7 respondent. 6. Having regard to the submissions made by the learned counsel for the petitioners as well as learned Standing Counsel for respondent Nos.2 and 3, without going into the merits of the case, this Court is of the considered opinion that the present Writ Petition be disposed of directing the petitioners to submit their application/claim to the respondent in the manner as envisaged by the bank within a period of two(2) weeks from the date of receipt of copy of this Order. After such submission, the respondent is hereby directed to consider the application/claim of the petitioners and after satisfaction of the entitlement of the petitioners by the respondent and to allow the operation of the bank locker in accordance with law within a period of four(4) weeks thereafter. However, the 2"^ claim of the petitioner praying to set aside the order of termination of the banking license of the 8'^ respondent is concerned, it could not be considered in this Writ Petition, since the same was already dealt by this Court in the Writ Petition filed by the 8“^ respondent herein i.e., W.P.No.26357 of 2024 and passed a specific order on 24.01.2025 directing the 8"^ respondent bank herein to approach the statutory appellate authority for redressal of the grievance of the 8*^ respondent bank. Therefore, there is no need of consideration of the 2'"" prayer of the petitioner. can 7. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 0 SEC 1. The Secretary, Union of India, Ministry of Finance, Jeevaan Deep Building Sansad Marg, New Delhi - 110001. 2. The Secretary, Reserve Bank of India, 18'^ floor. Central Office Building Shahid Bhagat Singh Road, Mumbai - 400001. 3. The Chief General Manager, Reserve Bank of India, IS"" floor. Central Office Building, Shahid Bhagat Singh Road, Mumbai - 400001. 4. The Principal Secretary, Department of Cooperative Societies, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 5. The Commissioner, For Cooperation and Registrar of Cooperative societies Skylark Tower, near D. No. 2/-16-83, 11'^ Lane, Syamala nagar, Guntur - 522006. 6. The District Collector and Executive Magistrate, NTR District, Vijayawada. 7. The District Cooperative Officer cum Liquidator, 3rd Floor, AMC Complex, Governorpet, Vijayawada. 3. The Chief Executive officer. M/s. Durga Co-operative Urban Bank Ltd., Regd. No. H. 953, situated at RR Apparao Street, Vijayawada - 520001. 9. The PIC Chairman and Committee, M/s. Durga Cooperative Urban Bank ltd, RR Apparao Street, Vijayawada - 520001. lO.The Authorized officers. For SARFAESI Proceeding The Durga Cooperative Urban Bank Ltd, RR Apparao Street, Vijayawada - 520001. 11.The Branch Manager, Durga Cooperative Urban Bank Ltd, Satyanarayana Puram Branch, Vijayawada. 12.One CC to Sri Gangisetti Uma Sankar, Advocate [OPUC] 13.One CC to Sri Enkekaluva Anjana ReddyfCentral Govt Counsel) [OPUC] 14. One CC to Sri S. Satyanarayana Murthy, Advocate (OPUC) 15. Two CCs to GP for Co Operation, Fligh Court of Andhra Pradesh (OUT) 16. Three C.D. Copies. Cnr OFFICER To, HIGH COURT DATED:05/02/2025 andaT^^ 10 FEB 2025 ORDER o Co, ^ . Current Section ^ WP.No.2007 of 2025 DISPOSING THE W.P. WITHOUT COSTS