SRI BODDANA NARAYANA RAO,SRIKAKULAM DIST v. STATE OF A.P, PRL,SECY,AGRI DEPT& 3 OTHERS
WP/39064/2017 · 2025-07-20
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39229 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39229 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010851112017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Spepial Original Jurisdiction) i i.:
MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39064 OF 2017 Between: Sri Boddana Narayana Rao, S/o Late Appala Swami, Aged about 58 Years, Occupation:- Retired Employee, Resident of H-No;- 11-2-12, Pedda Akula Veedi, Ichchapuram, Srikakulam, Andhra Pradesh- 532312 ...Petitioner AND
1. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Agriculture and Co-operation, Secretariat Buildings, Velagapudi, Guntur District. 2. The Ichapuram Primary Agricultural Cooperative Society, Ltd-79., Rep. by its President, Ichapuram, Srikakulam District. 3. The Chief Executive Officer, District Co-Operative Central Bank Limited, Srikakulam, Srikakulam District. 4. The Registrar District Co-Operative, Central Bank Limited ...Respondents 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 deplaring the inaction of the 2nd Respondent in not
reinstating the Petitioner into service for continuing him in service till he attains age of 60 years by invoking Section 115(d) of Andhra Pradesh Co-operative Societies Act, 1964 as illegal, arbitrary and against principles of natural justice and contrary to the provisions of the Act No.4 of 2014 dt. 27.06.20.14 and consequently direct the respondents to re-induct the petitioner in service till he attains the age of 60 years into the 2nd respondent-Society as per Resolution no.5, Dt:15.09.2017 passed by the 2nd respondent, in the interest of justice lA NO: 1 OF 2017(WPMP 48453 OF 2017 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 direct the 2nd Respondent to consider the Representation dated 03-10-2017 by invoking Section 115 (d) of Andhra Pradesh Co-Operative Societies Act 1964 for reinstating the petitioner in to service for continuing him in service till he attains the age of 60 years in the interest of justice. lA NO: 1 OF 2018 State of Andhra Pradesh, Represented by its Principal Secretary, Department of Agriculture and Co-operation, Secretariat Buildings, Velagapudi, Guntur District. ...Petitioner/Respondent AND
1.
Sri Boddana Narayana Rao, S/o Late Appala Swami, Aged about 58 Years, Occupation:- Retired Employee, Resident of H-No:- 11-2-12, Pedda Akula Veedi, Ichchapuram, Srikakulam, Andhra Pradesh- 532312 ...Respondent/Writ Petitioner
2. The Ichapuram Primary Agricultural Cooperative Society, Ltd-79., Rep. by its President, Ichapuram, Srikakulam District. 3. The Chief Executive Officer, District Co-Operative Central Bank Limited Srikakulam, Srikakulam District. 4. The Registrar District Co-Operative, Central Bank Limited ...Respondents/RGspondents 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 vacate the interim orders passed in lA.No. 01/2018 ( WPMP No. 48453/2017) inW.P.No. 39064/2017 dt. 02.01.2018. Counsel for the Petitioner: SRI V S R M V PRASAD SANAKA Counsel for the Respondents: GP FOR COOPERATION The Court made the following order:
APHC010851112017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 39064/2017 Between: Sri Boddana Narayana Rao,srikakulam Dist AND ...PETITIONER ...RESPONDENT(S) State Of A P PrI Secy Agri Dept 3 Others and Others Counsel for the Petitioner:
1.VSRMV PRASAD SANAKA Counsel for the Respondent(S):
1.GP FOR COOPERATION (AP) The Court made the following ORDER: The writ petition is filed seeking indulgence of this Court, praying the following relief:-
“ declaring the inaction of the 2"^ respondent in not reinstating the petitioner into service for continuing him in service till he attains age of 60 years by invoking Section 115(d) of Andhra Pradesh Co-operative Societies Act, 1964 as illegal, arbitrary and against principles of natural justice and contrary to the provisions of the Act No.4 of 2014 dt. 27.06.20.14 and consequently direct the respondents to re-induct the petitioner in service till he attains the age of 60 years into the 2"'^ respondent-Society as per Resolution no.5, Dt; 15.09.2017 passed by the 2^^^^ respondent, in the interest of justice and pass ”
2
2. The sum and substance in the present lis is that the petitioner is seeking enhancement of superannuation age from 58 years to 60 years in the respondents Corporation. 3. When the matter i$ called, there is no representation for the petitioner. 4.
On the other hand, Sri T.Raghu, learned Assistant Government Pleader for Cooperation, submits that consequent to the interim orders dated 02.01.2018, the petitioner was reinstated into service and subsequently, he retired from service on 31.08.2018 on attaining the superannuation age of 60 Making the said submissions, he submits that the cause in the writ years. petition does not survive for adjudication. 5. In view of the above submissions, the writ petition is closed as no further adjudication is required in the lis. There shall be no
order as to costs. As a sequel, all pending applications shall stand closed.
Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to Sri. V S R M V Prasad Sanaka Advocate [OPUC]
2. One CC to Sri. K Anup Kumar Advocate [OPUC]
3. Two CCs to GP for Cooperation High Court of Andhra Pradesh [OUT]
4. Two CD Copies gsc
HIGH COURT DATED:21/07/2025
ORDER WP NO. 39064 OF 2017 *( 17 SEP 2075 ' irrentSectifi.
CLOSING THE WP WITHOUT COSTS