APHC010373362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 19062 OF 2025 Between: 1. BUNGA FRANCIS, S/o.Bunga Rayappa, Aged about 51 years Occ. Agriculture coolie, R/o. D.No.2-42, llaparru Village, Nandivada Mandal, Krishna District - 521321. 2. Nakka Sundhara Rao, S/o Dasu, Aged about 57 years, Occ.Agriculture coolie R/o.D.No.2-118, ilapparu Village, Nandivada Mandal, Krishna District - 521321. ...Petitioners AND 1. The State of Andhra Pradesh, Represented by the chief Secretary of Agricultural cooperative Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Commissioner of cooperative societies Register, Shyamala Nagar, Guntur Department of Andhra Pradesh. 3. District Collector Krishna, , office at Machilipatnam Krishna District Andhra Pradesh. 4. District cooperative Officer, Machilipatnam Krishan District Andhra Pradesh. 5. Divisional cooperative Officer, Gudivada Krishna District Andhra Pradesh. 6. Sri Venkateswara Collective Farming cooperative Society, Rep by its Personal In-charge, lllaparru Village, Nandivada Mandal, Krishna district ...Respondents SRK, J WP No.19062 of 2025 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 to issue Mandamus declaring the inaction of the Respondent No.1 and 2 in not dispose of the representations dated 02-04-2025 and 04-03-2025 and not considered in the light of the enquiry reports dated 22-02-2012 and 22-05-2025 U/s 51 of the Cooperative Society Act 1964 as illegal, arbitrary, colorable exercise, violation of the legal duty, caste on authorities and violation of the provisions under the Cooperative Society Act and consequentially direct the Respondent No.1 and 2 to consider and pass the orders on the representation dated 02-04-2025 and 04-03-2025 in light of enquiry reports dated 22-02-2012 and 22-05-2025. Counsel for the Petitioners: T N M RANGA RAO Counsel for the Respondents: GP FOR COOPERATION SRK, J WP No.19062 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed seeking to declare the action of respondents 1 and 2 in not disposing of the representations dated 02.04.2025 and 04.03.2025, in the light of the enquiry report, dated 22.02.2012, under Section 51 of the AP Cooperative Societies Act, 1964 (for short „the Act‟), as illegal and arbitrary. 2. 2. Case of the petitioners is that respondent No.6 - Sri Venkateswara Collective Farming Co-operative Society was established in the year 1975 and, from 2004 to till date the eligible and recognized members are not available in the Society, the agriculture lands are not with the Society and the Society has no financial capacity to run the business. In the circumstances, the Government appointed an Enquiry Officer, under Section 51 of the Act, and the Enquiry Officer, after conducting enquiry, submitted a report dated 22.02.2012, recommending the winding up of the affairs and cancellation of registration of respondent No.6 - Society. Subsequently, the petitioners made representations on 02.04.2025 and 04.03.2025 requesting the respondent authorities to wind up the affairs and cancel the registration of the said Society, in the light of the enquiry report dated 22.02.2012, but, so far no action has been taken by the respondents. Hence, they filed the present Writ Petition. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Cooperation has submitted SRK, J WP No.19062 of 2025 4 written instructions of the Divisional Cooperative Officer, Gudivada, which reads thus. “1. It is respectfully submitted that, considering the enquiry reports pertaining the petitioners representations to wound up the affairs of the society and cancel the registration of the society u/s.64 of the APCS Act, 1964, one liquidator has been appointed on 06.08.2025 u/s.65 of the APCS Act, 1964. Accordingly, the liquidator has initiated the procedure for winding up the affairs of the society and submitted an interim report stating that the liquidator published a notice in largest circulated newspaper and affixed notices in various Government offices in and around the society mentioning that claims pertaining assets and liabilities of the society would be received on 26.09.2025 from members of the society, if any, and also mentioned a general body meeting would be conducted on 03.10.2025 to wind up the affairs of the society duly discussing the merits and demerits and after obtaining the opinion of the participants in the General Body meeting. However, none of the persons attended on 26.09.2025 to claim any assets and liabilities from the society. 2. It is further submitted that the liquidator stated that he arranged a vide spread tom-tom on 30.09.2025 in Ilaparru village SRK, J WP No.19062 of 2025 5 announcing the general body meeting date and venue and sought participation in the said meeting. Accordingly, on 03.10.2025 the liquidator conducted the general body meeting at the prescribed venue, however not even one person claimed for revival of the said society and raised objections for winding up of the society. In this context the liquidator also stated that during the general body meeting is in progress 132 villagers and also the petitioners from Ilaparru village where the society is located attended the general body meeting and strongly voiced their opinion in favour of winding up of Sri Venkateswara Cooperative Collective Farming Society Limited No.Y.277, Ilaparru, Nandivada Mandal, also the participants expressed their group rivalries, hardships and disputes in their village because of the society despite its very purpose of the establishment stopped since its inception. The participants submitted a representation with signatures and Aadhar cards to the liquidator and requested for closure of the said society. 3. It respectfully submitted that after receiving the final closure report from the liquidator further action will be initiated as per APCS Act, 1964.” SRK, J WP No.19062 of 2025 6 4. The said written instructions are placed on record. 5. In view of the said development that has taken place with regard to winding up of 6th respondent – Society by the villagers, no further orders are necessary to be passed in the present Writ Petition. 6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. ________________________ K. SREENIVASA REDDY, J. Date:03.11.2025 Nsr SRK, J WP No.19062 of 2025 7 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.19062 of 2025 Date:03.11.2025 Nsr