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2025 DAILYLAW 52722 (AP)

GANDRALA SURESH v. THE STATE OF ANDHRA PRADESH

WP/27359/2025 · 2025-11-05

K Sreenivasa Reddy

body2025

Judgment text

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APHC010522902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 27359 OF 2025 Between: 1. GANDRALA SURESH, S/o. late Raja Rao, Age 39 years, Occ Cultivation, R/o. D.no. 3-13, Kotikalapudi, Ibrahimpatnam Mandal, N.T.R. District 2. Gandala Koteswara Rao, S/o. Roshaiah, Age 44 years, Occ Cultivation R/o. D. no. 2-5A, Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R. District 3. Komaravalli Nagaraju, S/o. late Venkatappaiah, Age63 years, Occ Cultivation, R/o. Kotikalapudi, Ibrahimpatnam Mandal, N.T.R. District, A.P. ...Petitioners AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Agriculture and Cooperative Department Secretariat, Amaravathi Andhra Pradesh. 2. The District Collector, Vijayawada, NTR District. 3. The District Cooperative Officer DCO, Vijayawada, NTR District, Andhra Pradesh. 4. The Deputy Registrar of Cooperative Societies, Divisional Cooperative office, Vijayawada, NTR District, A.P 5. kotikalapudi Metropolitan Field Labour Society Limited, Reg. no. G-1284, Rep by its President, Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R District. A.P- 521456 ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the SRK, J WP No.27359 of 2025 2 High Court may be pleased toPleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the inaction of the Respondent no. 2 and 4 in kept pending the writ petitioners complaint, dated 11-09-2025 till date and not initiating any steps against the Respondent no.5/Society for not following the Respondent no.4 proceedings vide Rc no. 269/2025/Cl, dated 17-06-2025, for cultivating the land equally, in Sy no. 100,101,119,118, to an extent of Ac. 36 acres, Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R. District and in distributing the income came from cultivation equally to the 25 members of the society, is as illegal, arbitrary and unlawful, violation of principles of natural justice and violation of article 14, 19(l)(g), 21 and 300A of constitution of India and consequently direct the Respondents no.2 and 4 to consider the writ petitioner complaint, dated 11-09-2025, and to take steps against the Respondent no.5/Society by directing the Respondent no.5/Society to cultivate the land equally between the 25 members of the society in Sy no. 100,101,119,118, to an extent of Ac. 36 acres. Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R. District and to distribute the income equally came from cultivation between the 25 members of the society from the subject land. Counsel for the Petitioners: S BALA MOHAN RANGA Counsel for the Respondents: GANTA PRASAD Counsel for the Respondents: GP FOR COOPERATION SRK, J WP No.27359 of 2025 3 The Court made the following ORDER: The present Writ Petition has been filed for the following relief. “……to issue a Writ, direction, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.2 and 4 in kept pending the Writ Petitioners’ complaint, dated 11.09.2025 till date and not initiating any steps against respondent No.5 - Society for not following respondent No.4 proceedings vide Rc.No. 269 / 2025 / Cl, dated 17.06.2025, for cultivating the land equally, in Sy Nos.100, 101, 119 and 118, to an extent of Ac.36.00, situated at Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R. District and in distributing the income came from cultivation equally to 25 members of the Society, as illegal, arbitrary and unlawful, violation of principles of natural justice and violation of Articles 14, 19(l)(g), 21 and 300A of the Constitution of India and consequently direct respondents No.2 and 4 to consider the Writ Petitioners’ complaint dated 11.09.2025 and to take steps against respondent No.5 - Society by directing respondent No.5 - Society to cultivate the land equally between 25 members of the Society in Sy Nos.100, 101, 119 and 118, to an extent of Ac.36.00, situated at Kotikalapudi Village, Ibrahimpatnam Mandal, N.T.R. District and to distribute the income equally came from cultivation SRK, J WP No.27359 of 2025 4 between 25 members of the Society from the subject land.” 2. Case of the petitioners is that they are members of 5th respondent – Kotikalapudi Metropolitan Field Labour Society Limited, which was established in the year 1942 bearing Registration No.G-1284. The Government allotted land to the Society for the purpose of cultivation by the Society members only with a condition that the land allotted shall not be sold, mortgaged or transferred. The Society consists of 53 members. They are conducting elections and electing executive body on regular basis. In the Society, there are two types of shareholders i.e., big shareholders and small shareholders. The petitioners and other members are big shareholders consisting of 25 members and they are cultivating the land in Survey Nos.100, 101, 119 and 118, to an extent of Ac.36.00, situated at Kotikalapudi village, Ibrahimpatnam Mandal, NTR district. The object of the Society is that its members have to cultivate the land equally and the income derived from the cultivation has to be distributed to all the members equally as per the Act. While the matter stood thus, the President and other Executive Members and their men (10 members) are illegally cultivating more than Ac.18.00, out of Ac.36.00, and not showing the actual income in the accounts and not distributing the income equally among 25 members. Hence, the petitioners made a representation/complaint dated 11.09.2025 requesting the respondent authorities to direct 5th respondent Society to follow the proceedings of 4th respondent dated 17.06.2025, wherein it was directed that the members of the Society have to cultivate SRK, J WP No.27359 of 2025 5 the land equally and the income derived from cultivation shall be distributed among the members equally. But, so far, no action has been taken by the respondents on the said complaint. Hence, they filed the present Writ Petition. 3. Learned counsel for the petitioners submits that though a representation/complaint has been made by the petitioners herein on 11.09.2025, till date the respondent authorities have not passed any orders thereon and he prays to direct the respondents to act on the said representation/complaint made by the petitioners. 4. In view of the aforesaid facts and circumstances of the case, the respondent authorities are directed to pass appropriate orders or to take appropriate decision on the representation/complaint of the petitioners dated 11.09.2025, in accordance with law, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. 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:06.11.2025 Nsr SRK, J WP No.27359 of 2025 6 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.27359 of 2025 Date:06.11.2025 Nsr