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2025 DAILYLAW 47675 (AP)

K. A. Ramabhadriah, v. The State of Andhra Pradesh

WP/13878/2016 · 2025-09-25

Maheswara Rao Kuncheam

body2025

Judgment text

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APHC010315552016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 13878/2016 Between: 1. K. A. RAMABHADRIAH,, S/O SRI A. AYYANNA AGED ABOUT 59 YEARS, WORKING AS CHIEF EXECUTIVE OFFICER, THE KALLUR PRIMARY AGRICULTURE CO-OP SOCIETY LTD., KALLUR MANDAL, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FOOD AND AGRICULTURAL CO-OPERATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, SECRETARIAT, HYDERABAD. 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF, COOPERATIVE SOCIETIES, STATE OF ANDHRA PRADESH, HYDERABAD. 3. THE DISTRICT COOPERATIVE OFFICER KURNOOL DISTRICT, - 4. THE DIVISIONAL COOPERATIVE OFFICER KURNOOL, - 5. THE KALLUR PRIMARY AGRICULTURE COOP SOCIETY LTD, KALLUR MANDAL, KURNOOL DISTRICT, REP., BY ITS PRESIDENT. ...RESPONDENT(S): Counsel for the Petitioner: 1. M SHALINI Counsel for the Respondent(S): 1. GP FOR COOPERATION (AP) 2 MRK,J W.P.No.13878 of 2016 The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “….to issue appropriate Writ or any other order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the 4th Respondent in passing proceedings dt.17.2.2016 as illegal, arbitrary, violative of 1st respondent memo date 23.5.2015, violative of Section 115 D (2) (iv) of APCS Act, 1964, provisions of Act, 4, dated 27-06-2014 and ultravires the Constitution and set aside the same in the interest of justice....” 2. The sum and substance of the writ petition is that the petitioner challenged the proceedings dated 17.02.2016 issued by the 4th respondent whereunder the 4th respondent directed to stop the services of the petitioner on attaining the age of 58 years. 3. On 22.04.2016, this Court passed the following interim order: “W.P.No.13878 of 2016 Rule nisi. Call for records. Notice returnable in four weeks. Post along with W.P.No.24765 of 2015. W.P.M.P.No.17317 of 2016 It is stated by learned counsel for the petitioner that in similar circumstances, this Court passed orders in WPMP.No.32147 of 3 MRK,J W.P.No.13878 of 2016 2015 in WP.No.24765 of 2015 granting interim orders. This fact is not disputed by the learned Assistant Government Pleader for Cooperation. Following the same, there shall be interim direction to the respondents to continue the services of the petitioner as Chief Executive Officer, till he attains the age of 60 years. Notice.” 4. Thereafter, on 19.09.2025 this Court passed the following order: “On 01.09.2025, this Court passed the following order: “Finally, list the matter after one (01) week to enable the learned Assistant Government Pleader to obtain latest instructions whether the interim order dated 22.04.2016 passed in W.P.M.P.No.17317 of 2016 in W.P.No.13878 of 2016 has been complied or not?” Sri P.Venkata Rama Sarma, learned counsel representing the learned counsel for the petitioner is in attendance through V.C. On the other hand, learned Assistant Government Pleader for Cooperation submits that in spite of addressing letter and trying to contact the 3rd respondent on telephone, no instructions are coming forward from the 3rd respondent with regard to whether the interim orders dated 22.04.2016 passed by the Court in W.P.M.P.No.17317 of 2016 in W.P.No.13878 of 2016, are complied or not? In these circumstances, this Court having left with no other option, deems it appropriate to direct the appearance of the 3rd respondent. 4 MRK,J W.P.No.13878 of 2016 Accordingly, the 3rd respondent along with the relevant records shall appear before this Court on the next date of listing. Post on 26.09.2025.” 5. Today the 3rd respondent is present and he submits that pursuant to the interim direction, the petitioner’s services were extended upto the age of 60 years and thereafter, he retired from service on 30.06.2017. 6. Taking into consideration the above facts and circumstances, learned counsel for the petitioner as well as learned Assistant Government Pleader for Cooperation jointly submits that the cause in the writ petition does not survive for further adjudication. 7. In view of the submissions made by learned counsel on both sides, it seems that no further orders are necessary in this writ petition. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 26.09.2025 Ivd 5 MRK,J W.P.No.13878 of 2016 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.13878 of 2016 Date: 26.09.2025 Ivd