Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 42749 (AP)

Kunuganti Chalapathi Rao, v. State of Andhra Pradesh

WP/32874/2013 · 2025-12-09

K Sreenivasa Reddy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010029132013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 32874/2013 Between: 1. KUNUGANTI CHALAPATHI RAO,, S/O. APPA RAO, AGED 50 YEARS, WORKING AS SENIOR ASSISTANT IN SRI VARAHA LAKSHMI NRUSIMHASWAMY DEVASTANAM, UPHILL, SIMHACHALAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PLANNING & CO-OPERATION (CO- OP-IV) DEPARTMENT, SECRETARIAT, SAIFABAD, HYDERABAD. 2. SENIOR INSPECTOR/SALE OFFICER/ARBITRATOR, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, II FLOOR, CO- OPERATIVE NGGO'S BUILDING, DWARAKANAGAR, VISAKHAPATNAM. 3. THE ADIVIVARAM COOPERATIVE CREDIT SOCIETY LTD, REGD.NO.M-1878, REP. BY ITS SECRETARY, SIMHACHALAM, VISAKHAPATNAM. 4. SRI VARAHA LAKSHMI NRUSIMHA SWAMY DEVASTANAM, REP. BY ITS EXECUTIVE OFFICER, UPHILL, SIMHACHALAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. DATLA LAKSHMI NARASIMHA RAJU, S/O. KRISHNAM RAJU, OCC: EMPLOYEE IN SRI VARAHA LAKSHMI NRUSIMHASWAMY - DEVASTANAM, SIMHACHALAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. [RESPONDENTS 5 AND 6 ARE NOT NECESSARY PARTIES TO THIS WRIT PETITION] 6. POOSAPATI SUNIL KUMAR, S/O. RAMAKRISHNAM RAJU, OCC: EMPLOYEE IN SRI VARAHA LAKSHMI NRUSIMHASWAMY - DEVASTANAM, SIMHACHALAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. [RESPONDENTS 5 AND 6 ARE NOT NECESSARY PARTIES TO THIS WRIT PETITION] ...RESPONDENT(S): 2 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 toto issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS a). declaring the proceedings initiated in case No. 20312011-12 ton the file of 2nd respondent on the claim of 3rd respondent as illegal, irregular, irrational, without jurisdiction and unconstitutional, being violative of provisions of Andhra Pradesh Cooperative Societies Act, 1964 and rules framed there under and offends article 14 of Constitution of India; b). directing the 4th respondent not to initiate any recovery from the petitioner's salary towards payment to ri !respondent for the claim pending before 2nd respondent in case No. 203/2011-2012 and to pass. IA NO: 1 OF 2013(WPMP 40880 OF 2013 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 4th respondent not to recover any amount from the petitioner's salary towards payment to 3rd respondent for the claim pending before 2nd respondent in case No. 203/2011-2012, pending disposal of the main writ petition and pass. IA NO: 1 OF 2017(WVMP 5087 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 vacate the interim orders dated.24.06.2015 in WPMP No.40880 of 2013 in WP No.32874 of 2013 Counsel for the Petitioner: 1. NIMMAGADDA SATYANARAYANA Counsel for the Respondent(S): 1. GP FOR COOPERATION (AP) 2. V SURYA KIRAN KUMAR 3. E SAMBASIVA PRATAP 4. GP FOR COOPERATION The Court made the following: 3 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.32874 of 2013 ORDER: This Writ Petition has been filed seeking to declare the proceedings initiated in case No.203/2011-12, dated 16.12.2011 on the file of 2nd respondent on the claim of 3rd respondent as illegal and arbitrary and direct 4th respondent not to initiate any recovery from the petitioner’s salary towards payment to 3rd respondent for the claim pending before 2nd respondent in case No.203/2011-12. 2. When the matter is taken up for hearing, learned counsel for petitioner submits that the cause does not survive in the present Writ Petition as the petitioner is no more and his legal representatives are not showing any interest to prosecute the case and in view of the same, no orders are required to be passed in this case. 3. Accordingly, the Writ Petition is closed. No order as to costs. 4. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. _________________________ K. SREENIVASA REDDY, J. Date: 10.12.2025 sj 4 81 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.32874 of 2013 Date: 10.12.2025 sj