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2025 DAILYLAW 55925 (AP)

Vadranam Venkatapathi, v. State of Andhra Pradesh,

WP/9309/2024 · 2025-11-23

K Sreenivasa Reddy

body2025

Judgment text

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APHC010172882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 9309 OF 2024 Between: 1. Vadranam Venkatapathi, S/o.Prabhakara Rao, Aged about 53 years, Occ Cultivation, R/o.D.No.7-20-11/2, Behind Balaji Function Hall, Srinivasnagar, Perala, Chirala Town, Bapatla District. 2. Gumnnadi Sanjeeva Rao,, S/o.Nagaiah, Aged about 63 years, Occ Cultivation, R/o.Rangaraopeta, Thotavaripalem village, Chirala Mandal, Bapatla District ...Petitioners AND 1. State of Andhra Pradesh, Rep.by its Principal Secretary to Government, Cooperative Societies Department, Secretariat,Velagapudi,Amaravati,Guntur District. 2. The District Collector, Bapatla District at Bapatla. 3. The District Registrar, Cooperative Societies Department, Bapatla District at Bapatla. 4. The Deputy RegistrarCum District Cooperative Officer, Bapatla, Bapatla District. 5. The Epurupalem AdiAndhra Tenants Cooperative Society Limited, Epurupalem Village, Rep.by its Assistant Registrar/ Official In-charge, Chirala Sub Divisional- Cooperative Office, Chirala Mandal, Bapatla District. 6. The Revenue Divisional Officer, Chirala Revenue Division, Chirala Town, Bapatla District. 7. The Tahsildar, Chirala Mandal, Bapatla District. 8. Nadendla Frances, S/o.Nagaiah, Aged about 70 years, Occ Cultivation, R/o.Veeraiahnagar, Thotavaripalem Village, Chirala Mandal, Bapatla District. SRK, J WP No.9309 of 2024 2 9. Nadendla Chandra Sekhar, S/o.Frances, Aged about 40 years, Occ Cultivation, R/o.Molapalem Village, Bapatla Mandal, Bapatla District. ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings in Rc.No.77/2023C, dated 19-04-2023 issued by the 4th respondent for winding up of the 5th respondent society is illegal and issuing pattas to the non-members of the society and not conducting any enquiry on alienations have been made by the respondents 8 and 9 to the non-members of the society, as illegal, irregular, irrational, without jurisdiction and violative of provisions of Andhra Pradesh Cooperative Societies Act, 1964 rules framed thereunder and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents not to winding up the society and grant pattas to all the members of the society and conduct an enquiry on the alienations made by the respondents 8 and 9 in favour of non-members of the society. Counsel for the Petitioners: NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: RAMESH BABU NELATURI Counsel for the Respondents: GP FOR COOPERATION SRK, J WP No.9309 of 2024 3 The Court made the following ORDER: The present Writ Petition has been filed seeking the following relief. “……..to issue an appropriate Writ, Order or direction more in the nature of Writ of Mandamus declaring the proceedings in Rc.No.77/2023C, dated 19.04.2023, issued by 4th respondent for winding up of 5th respondent Society and issuing pattas to the non-members of the society and not conducting any enquiry on the alienations that have been made by the respondents 8 and 9 to the non-members of the society, as illegal, irregular, irrational, without jurisdiction and violative of provisions of the Andhra Pradesh Cooperative Societies Act, 1964 and Rules framed thereunder and offends Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to wind up 5th respondent Society and grant pattas to all the members of the Society and conduct an enquiry on the alienations made by the respondents 8 and 9 in favour of non-members of the Society.” 2. Today, when the matter came up for hearing, learned Assistant Government Pleader, basing on written instructions of respondent Nos.3 and 4, submitted that, based on the report of the Liquidator of 5th respondent Society as well as directions of the District Collector, Bapatla district, respondent Nos.3 and 4 SRK, J WP No.9309 of 2024 4 cancelled the earlier liquidation orders by invoking Section 69 of the AP Cooperative Societies Act, 1964 (for short „the Act‟), and restored/revived 5th respondent Society by appointing one K. Anand, Senior Inspector, Office of the SDLCO, Chirala as Official Person-in-Charge under Section 32(7)(a)(i) of the Act, vide proceedings in Rc.No.77/2023-C, dated 28.08.2025. 3. In view of the aforesaid facts and circumstances, cause in the Writ Petition does not survive for adjudication and the matter has become infructuous. 4. Accordingly, the Writ Petition is dismissed as infructuous. 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:24.11.2025 Nsr SRK, J WP No.9309 of 2024 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.9309 of 2024 Date:24.11.2025 Nsr