■'i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVAfpJ (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ' PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION Nos. 18001 AND 17981 OF 2019 WRIT PETITION NO: 18001 OF 2019 -f-' \ SMv p ' is '■V ^ /' Between: Kuhku Mohan Rao, S/o.Kondaiah, aged about 58 years, Occ. Ex- President, Gudavalluru Primary. Agricultural Co-operative Society GufJavalluru (V), Kondapuram Mandal, SPSR Nellore R/o.Gudavalluru Village, Kondapuram Mandal, SPSR Nellore District District, ...PETITIONER AND 1. State of Andhra Pradesh, represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. 2. The District Cooperative Officer, Aravind Nagar, Trunk Road, Nellore, §PSR Nellore District, A.P. . 3. The Divisional Cooperative Officer, Kavali, Nellore SPSR Nellore. District, A.P. 4. The Gudavalluru Primary Agricultural Co-operative Society, Gudavalluru Village, Kondapuram Mandal, SPSR Nellore District. Rep. by its Chief Executive Office. 5. The Assistant Registrar, Office of the Sub-Divisional Co-operative Officer, Udayagiri. SPSR Nellore (A.P.) ^ 6. Ganta Srinivasa Prasad, S/o. Lingaiah, Aged about 53 years, Occ; Mfember, Gudavalluru PACS, R/o. Saipeta Village, Kondapuram Mandal, SPSR Nellore District. % (R6 is impleaded in Writ Petition and Affidavit as per the Court’s order dt.30/04/2025 vide order passed in I.A No.1/2025) ...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 Order, direction more particularly one in the nature of Writ of Mandamus declaring the Rc.No.1901/2019/C1. dated 26-10-2019. of the 2"" Respondent issued under Section 51 of the A.P. Co-operative Societies Act proposing to conduct Sec.51 Enquiry into the affairs of the 4th Respondent-Society illegal, arbitrary, without jurisdiction and opposed to the provisions of A.P. Co-operative Societies Act, 1964 and violative of Article 14 and 19 of the Constitution of India and consequently restrain the 5*^ Respondent from conducting any Section 51 Enquiry into the affairs of the 4'^ Respondent- Society. Proceedings issued in /■ as V • lA NO: 1 OF 2019 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 suspend the Proceedings issued in Rc.No.1901/2019/Cl dated 26-10-2019 of the 2"'"^ Respondent, pending disposal of the above Writ Petition. lA NO: 1 OF 2020 Between: 1. State of A.P., represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. 2. The District Cooperative Officer, Aravind Nagar, Trunk Road, Nellore SPSR Nellore District, A.P. . 3. The Divisional Cooperative Officer, Kavali, Nellore SPSR Nellore. District, A.P. 4. The Assistant Registrar, Office of the Sub-Divisional Co-operative Officer, Udayagiri. SPSR Nellore (A.P.) ...PETITIONERS/RESPONDENTS AND 1. Kunku Mohan Rao, S/o.Kondaiah, aged about 58 years, Occ. Ex- President, Gudavalluru Primary. Agricultural Co-operative Society, Gudavalluru (V), Kondapuram Mandal, SPSR Nellore District ...RESPONDENT/WRIT PETITIONER 2. the Gudavalluru Primary Agricultural Co-operative Society, Gudavalluru Village, Kondapuram Mandal, SPSR Nellore District. Rep. by its Chief Executive Office. (R2 is not necessary party in this Petition) ...RESPONDENT/RESFONDENT l?etition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppdrfof the petition, the High Court may be please(|j to vacate the interim order dated 06.12.2019 in WP.No.18001 of 2019. lA NO: 2 OF 2025 Between; Gania Srinivasa Prasad, S/o. Lingaiah, Aged about 53 years, Occ; Member, Gudavalluru PACS, R/o. Saipeta Village, Kondapuram Mandal SPSfR Nellore District. ...PETITIONER/PROPOSED RESPONDENT No.6 1. Kunku Mohan Rao, S/o. Kdndaiah, aged about 58 years, Occ. Ex- Prfesident, Garimenapenta Prirnary Agricultural Co-operative Society Garimenapenta (Village), Kondapuram Mandal, SPSR Nellore R/6. Garimenapenta Village, Kondapuram Mandal, SPSR Nellore District District, RESPONDENT No.l/WRIT PETITIONER 7 . / 2. The State of Andhra Pradesh, represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. The District Cooperative Officer, Aravind Nagar, Trunk Road, Nellore, SPSR Nellore District, A.P. . The Divisional Cooperative Officer, Kavali, Nellore SPSR Nellore. District, A.P. The Gudavalluru Primary Agricultural Co-operative Society, Gudavalluru Village, Kondapuram Mandal, SPSR Nellore District. Rep. by its Chief Executive Office. The Assistant Registrar, Office of the Sub-Divisional Co-operative Officer, Udayagiri. SPSR Nellore (A.P.) 3. 4. 5. 6. ...RESPONDENT Nos.2 to 6/RESPONDENTS 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 suspension dated 6.12.2019 in WP No. 18001 of 2019. Counsel for the Petitioner: SRI SRINIVAS POLAVARAPU Counsel for the Respondent Nos.1 to 5: GP FOR COOPERATION Counsel for the Respondent No.6: SRI P.SRIDHAR REDDY WRIT PETITION NO: 17981 OF 20T9 Between: Yaruva Krishnaiah, S/o.Pullaiah, aged about 52 years, Occ: Ex-President; Garimenapenta Primary Agricultural Co-operative Society, Garimenapenta (Village), Kondapuram Mandal, SPSR Nellore District, R/o.Garimenapenta Village, Kondapuram Mandal, SPSR Nellore District. ...PETITIONER AND 1. State of Andhra Pradesh, represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. / // / - / 2. The District Cooperative Officer, Aravind Nagar, Trunk Road Nellore, SPSR Nellore District. A.P. 3. The Divisional Cooperative Officer, Kavali, Nellore, SPSR Nellore District, A.P. 4. Tl)e Garimenapenta Primary Agricultural Co-operative Society, Gkrirnenapenta, Kondapuram Mandal, SPSR Nellore District, Rep. by its Chief Executive Officer. I 5. The Senior Inspector, Office of the Sub-Divisional Cooperative Officer, SPSR Nellore (A.P.). 6. Itha Venkata Kondaiah, S/o Venkateswarlu, aged about 57 years. Chairperson, Person-in- charge Committee, Garimenapenta PACS, R/o Kpvivaripalli, Kondapuram Mandal, SPSR Nellore District. (RS is impleaded as per the Court's Order dt.15.11.2024 in I.A. No. 01 of 2023) / / / ...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 Order, direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings issued in Rc.No.- 1900/2019/C1 dated 26-10-2019 of the 2"'' Respondent issued . under Section 61 of the A.P. Co-operative Societies Act proposing to conduct Sec.51 Enquiry into the affairs of the 4*^ Respondent-Society as illegal, arbitrary, without jurisdiction and opposed to the provisions of A.P.Cor operative Societies Act, 1964 and violative of Article 14 and 19 of the Constitution of India and consequently restrain the 5*^ Respondent frorri conducting any Section 51 Enquiry into the affairs of the 4*^ Respondent- Society. lA NO: 1 OF 2019 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 7 pleased to suspend the Proceedings issued in Rc.No.1900/2019/C1 dated 26-10-2019 of the 2"^ Respondent; pending disposal of the above Writ Petition. / lA NO: 1 OF 2020 Between: 1. State of A.P., represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. 2. The District Cooperative Officer, Aravind Nagar, Trunk Road Nellore, SPSR Nellore District. A.P. 3. The Divisional Cooperative Officer, Kavali, Nellore, SPSR Nellore District, A.P. 4 The Senior Inspector, Office of the Sub-Divisional Cooperative Officer, SPSR Nellore (A.P.). ...PETITIONERS/RESPONDENTS AND 1. Yaruva Krishnaiah, S/o.Pullaiah, aged about 52 years, Occ: Ex- President, Garimenapenta Primary Agricultural Co-operative Society, Garimenapenta (Village), Kondapuram Mandal, SPSR Nellore District, -R/OTGnfifnsnaf)enta--A/4l1age, Kondapucam^-Mandal,—SPGR Nellore Dtstriot' ...RESPONDENT/WRIT PETITIONER 2. The Garimenapenta Primary Agricultural Co-operative Society, Garimenapenta, Kondapuram Mandal, SPSR Nellore District, Rep. by its Chief Executive Officer. (R2 is not necessary party in this petition) ...RESPONDENT/RESPONDENT Petition under Section 151 5pC 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 06.12.2019 in WP.No. 17981 of 2019. 7 lA NO: 2 OF 2023 Between: Itha Venkata Kondaiah, S/o Venkateswarlu, aged about 57 years, Chairperson, Person-in- charge Committee, Garimenapenta PACS, R/o Kovivaripalli, Kondapuram Mandal, SPSR Nellore District. ...PETITibNER/PROPOSED RESPONDENT No.5 AND 1. Y^ruva Krishnaiah, S/o.Pullaiah, aged about 52 years, Occ: Ex- President, Garimenapenta Primary Agricultural Co-operative Society, Garimenapenta (Village), Kondapuram Mandal, SPSR Nellore District, R/Q.Garimenapenta Village, Kondapuram Mandal, SPSR Nellore District. 2 State of Andhra Pradesh, represented by its Secretary, Cooperation Department, Secretariat, Velagapudi, Amaravathi, Guntur District-A.P. 3. The District Cooperative Officb'f, Aravind Nagar, Trunk Road Nellore, SPSR Nellore District. A.P. 4. The Divisional Cooperative Officer, Kavali, Nellore, SPSR Nellore District, A.P. 5. The Garimenapenta Primary Agricultural Co-operative Society, Garimenapenta, Kondapuram Mandal, SPSR Nellore District, Rep. by its Chief Executive Officer. 6. The Senior Inspector, Office of the Sub-Divisional Cooperative Officer, SPSR Nellore (A.P.). i II ...RESPONDENTS 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 suspension dated 6.12.2019 in WP No. 17981 of 2019. 7 - / / / > / /" 7 Counsel for the Petitioner: SRI SRINIVAS POLAVARAPU Counsel for the Respondent Nos.1 to 5: GP FOR COOPERATIC^ Counsel for the Respondent No.6: SRI P.SRIDHAR REDDY ^ The Court made the following: COMMON ORDER 7 . / 1 APHP010375642019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT I 1|HE honourable SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NOs: 18001 & 17981 of 2019 W.P.No.18001 of 2019: Between: 1:KUNKU MOHAN RAO,, S/O.KONDAIAH, AGED ABOUT 58 YEARS, cv DDpQirvCMT /^MnA\/AI ! I IDI I DPI^/IAPV Al^PIPI II Tl IRAI CO-OPERATIVE SOCIETY, GUDAVALLURU (V), KONDAPURAM MANDAL, SPSR NELLORE DISTRICT,R/O.GUDAVALLURU VILLAGE,. . KONDAPURAM MANDAL, SPSR NELLORE DISTRICT O AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, COOPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDL.A.NARAVATLII, GUNTUR DISTRICT-A.P. 2.^HE DISTRICT COOPERATIVE OFFICER, ARAVIND NAGAR, TRUNK ROAD, NELLORE, SPSR NELLORE DISTRICT, A.P. . i 3.THE DIVISIONAL COOPERATIVE OFFICER, KAVALI, NELLORE SPSR NELLORE. DISTRICT, A.P. 4.THE GUDAVALLURU PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, GUDAVALLURU VILLAGE, KONDAPURAM MANDAL, SPSR NELLORE DISTRICT. REP. BY ITS CHIEF EXECUTIVE OFFICE. 5.tHE ASSISTANT REGISTRAR, OFFICE OF THE SUB-DIVISIONAL pO-OPERATIVE OFFICER, UDAYAGIRI. SPSR NELLORE (A.P.) ...RESPONDENT(S); 2 'I Counsel for the Petitioner: 1.SRINIVAS POLAVARAPU Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) \ \ W.P.No.17981 of 2niQ- Between: ^ S/O.PULLAIAH. AGED ABOUT 52 CO OPE^Th/C^^^’ '^^^"^^^^^^^■^A.PRIMARY KONDAPURAM YEARS, agricultural (VILLAGE), DISTRICT, KONDAPURAM MANDAL, SPSR SOCIETY, MANDAL, RIO.GARIMENAPENTA VILLAGE NELLORE DISTRICT. GARIMENAPENTA SPSR NELLORE ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY velagapudi.amaravathi.'guntur'wstrict^' 3.THE DIVISIONAL COOPERATIVE SPSR NELLORE- - DISTRICT, A.R ITS SECRETARY, SECRETARIAT, -A.R A.R OFFICER, KAVALI, NELLORE 4.THE GARIMENAPENTA PRIMARY AGRICULTURAL COOPFRATI\/P Y™RS^^ OT^AIRPfT™^ VENKATESWARLU, AGED ABOUT 57 NELLORE DISTRICT. R6 IS IMRLEADED AS pfr the COURT'S ORDER DT.15.11.2024 IN I.A.NO. 01 OF 2023. OFFICER. ...RESPONDENT(S): 3 Counsel for the Petitioner: i.SRINIVAS POLAVARAPU Cotinsel for the Respondent(S): 1.GP FOR COOPERATION (AP) ^.PSRIDHAR REDDY Thei Court made the following: ORAL COMMON ORDER: On 17.04.2025, when this Writ Petition was listed, the erstwhile Counsel one Sri Srinivas Polavarapu, learned Counsel for the Writ Petitioners was represented by Sri K. Srinivas. Sri K. Srinivas had informed the Court that the Writ Petitioners have taken no objection from Sri Srinivas Polavarapu, in the month of March, 2025. Despite the fact that the Writ Petitioners have taken no objection in the month of March, 2025, the Writ Petitioners have not madd any alternate arrangement either to appear in-person or through a Courjsel before this Court. Consequently, none appeared on behalf of the Writ [Petitioners on 17.04.2025. In order to enable the Writ Petitioners to make alternate arrangement, this nhatter was directed to be listed today under the caption ‘For Dismissal’. Today also, none appears for the Petitioners. These Writ Petitions are of the 2. year 2019. It appears that the Writ Petitioners have not evinced any interest in making alternate arrangement with regard to the representation before this Court! In this view of the matter, these Writ Petitions are dismissed for Non-prosecution. No order as to costs. 3. Interlocutory Applications, if any, stand closed in termsyDf this order. Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER II To, 1. On^ CC to Sri Srinivas Polavarapu, Advocate [OPUC] 2. Ono CC to Sri P. Sridhar Reddy, Advocate[OPUC] j ■ 3. Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies. Ssb(gsg) HIGH COURT DATED:30/04/2025 \ COMMON ORDER WP.Nos.18001 and 17981 of 2019 ^-Of ANDH^ ^ 2?Sff20K ^ . Current Secuon 8" X m DISMISSING THE WRIT PETITIONS FOR NON PROSECUTION WITHOUT COSTS