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2025 DAILYLAW 57912 (AP)

THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD v. SHAIK SHAMSHAD

WA/148/2025 · 2025-10-27

A Hari Haranadha Sarma, Battu Devanand

body2025

Judgment text

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APHC010075632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND^ AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA^ WRIT APPEAL NOS: 1447147^ 148 O^F 2025^ WRIT APPEAL NO: 144 OF 2025 Writ Appeal under clause 15 of the Letters Patent be pleased to set aside the Interim Order Dated 28.07.2023 in IA.No.1 of 2023 in W.P.No.15287 of 2023 as erroneous and contrary to the extant Rules of the Appellant Bank. ^ Between: The SPSR Nellore District Cooperative Central Bank Ltd, Nellore, Rep. by its Chief Executive Officer, CEO, Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001 ...Appellant/Respondent No.4_ AND 1. Sri Reddy Sudhakar, S/o. R.Vandanam, Aged about 60 years, Occ Assistant Manager, R/o. Chenigunta, Akkampeta, Tada, SPSR Nellore ^ District, Andhra Pradesh.(Petitioner) / 2. The State, of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperation Department Guntur District, A.P. 3. The Commissioner and Registrar of Cooperative Societies, Guntur, Andhra Pradesh. 4. The District Cooperative Officer, SPSR Nellore District, Andhra Pradesh. Secretariat, Amaravathi, ...Respondents lA NO: 2 OF 2025 ^ 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 Interim Order Dated 28-07-2023 in I.A.No.1 of 2023 in W.P.No. 15287 of 2023, pending disposal of the main Writ Appeal. Counsel for the Petitioner: SRI P. SHIVA SAI DATTATHREYA ^ REPRESENTING SRI SIVAPRASAD REDDY VENATI ^ Counsel for the Respondent No.1; M/S. BOBBA VIJAYALAKSHMI Counsel for the Respondent Nos.2 to 4: GP FOR AGRICULTURE APHC010075572025 ft B WRIT APPEAL NO: 147 OF 20?R Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order Dated 28.07.2023 in IA.No.1 of 2023 in W.P.No.17461 of 2023 erroneous and contrary to the extant Rules of the Appellant Bank. Between: as The SPSR Nellore District Cooperative Central Bank Ltd, Nellore, Rep. by its Chief Executive Officer, Nellore, Andhra Pradesh - 524001 CEO, Near Gandhi Statue, Grand Trunk Road, ...Appellant/Respondent No.4 AND 1. Ch Srinivasulu Reddy, S/o Ch. Sivirami Reddy Aged 60 Years, R/o H. N0.4-14-23A, SPSR Nellore District, Andhra Occupation Assistant General Manager Doddlavari Street, Pathuru, Kavali, Pradesh. (Petitioner) '- 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Agriculture and Cooperation Department Guntur District, A.P. Secretariat. Amaravathi. 3. The Commissioner and Registrar of Cooperative Societies, Guntur, Andhra Pradesh. 4. The District Cooperative Officer, SPSR Nellore Pradesh. District, Andhra ...Respondents— lA NO: 2 OF 2025 X 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 Interim Order Dated 28-07-2023 in I.A.No.1 of 2023 in W.P.No. 17461 of 2023, pending disposal of the main Writ Appeal. Counsel for the Petitioner: SRI P. SHIVA SAI DATTATHREYA REPRESENTING SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.1: M/S BOBBA VIJAYALAKSHMI Counsel for the Respondent Nos.2 to 4: GP FOR SERVICES -II APHCOI 0075562025 WRIT APPEAL NO: 148 OF 2025^ Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order Dated 28.03.2023 in IA.No.1 of 2023 in W.P.No.7698 of 2023 erroneous and contrary to the extant Rules of the Appellant Bank-afldrpass Between: as 1. The SPSR Nellore District Cooperative Central Bank Ltd, Nellore, Rep by its Chief Executive Officer, CEO, Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001 2. The SPSR Nellore District Cooperative Central Bank Ltd. Rep. by its Chairman/PIC O/o Near Gandhi Statue, Grand Trunk Road Andhra Pradesh - 524001. i Nellore, ...Appellants/Respondent Nos.3 & 4 ^ AND 1. Mrs. Shaik Shamshad, D/o. ShaikMasthanSaheb, Aged about 60 years, Occ Messenger, R/o.H.No.8-13-01, LA sagaram, Naidupeta, SPSR Nellore District, Andhra Pradesh.(Petitioner) 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Agriculture and Cooperation Department, Guntur District, A.P. ! Secretariat, Amaravathi, 3. The Commissioner and Registrar of Cooperative Societies Andhra Pradesh. Guntur, ...Respondents lA NO: 2 OF 2n?.4 ^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fiied in support of the petition, the High Court may be pieased to / suspend the Int^im Order Dated 28-03-2023 in I.A.No.1 of 2023 in VV.P.No.7698 of 2023, pending disposal of the main Writ Appeal. ^ Counsel for the Petitioners: SRI P. SHIVA SAI DATTATHREYA. REPRESENTING SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No.1: M/S. BOBBA VIJAYALAKSHMU Counsel for the Respondent Nos.2 to 3: GP FOR SERVICES - II The Court made the following COMMON JUDGMENT: APHC010075632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3545] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 144/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to set aside the Interim Order Dated 28.07.2023 in IA.No.1 of W.P.No. 15287 of 2023 as erroneous and contrary to the extant Rules of the Appellant Bank and pass such Between: 2023 in 1.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, NELLORE.REP BY ITS CHIEF EXECUTIVE OFFICER, NEAR GANDHI STATUE, GRAND TRUNK ROAD, ANDHRA PRADESH - 524001 CEO, NELLORE, ...APPELLANT AND 1.SRI REDDY SUDHAKAR, S/0. R.VANDANAM YEARS, R/O.CHENIGUNTA,AKKAMPETA,TADA, SPSR NELLORE DISTRICT, ANDHRA PRADESH.(PETITIONER) 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, A.P. 3.THE COMMISSIONER AND REGISTRAR OF COOPERATIVE SOCIETIES, GUNTUR, ANDHRA PRADESH. 4.THE DISTRICT COOPERATIVE OFFICER, SPSR NELLORE DISTRICT, ANDHRA.PRADESH. AGED ABOUT 60 MANAGER, OCC ASSISTANT 2 ...RESPONDENT(S): lA NO: 1 OF 2()7R in thA ff H Tn circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased may be pleased to condone the delay of 534 days in filing the appeal in the interests of justice and pass such lA NO: 2 OF 2()9fi in TnZ circumstances stated Iv be ra''s H f pleased may be pleased to suspend the Interim Order Dated of 2023 in W.P.No. 15287 of 2023, and pass such 28-07-2023 in I.A.No.1 pending disposal of the main Writ Appeal, Counsel for the Appellant: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent{S): 1. BOBBA VIJAYALAKSHMI 2.GP FOR AGRICULTURE WRIT APPEAL NO: 147/9091; Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order Dated 28.07.2023 in IA.No.1 of 2023 in W.P.No 17461 of 2023 erroneous and confrary to the extant Rules of the Appellant Bank Between: as 1.THE SPSR NELLORE DISTRICT COOPERATIVE ltd,, NELLORE, REP BY ITS CHIEF CENTRAL BANK NEAR GANDHI STATUE, GRAND TRUNK^ROaT'""^^’^' ANDHRA PRADESH - 524001 NELLORE, ...appellant AND 1.CH SRINIVASULU REDDY, S/O CH. SIVIRAMI REDDY YEARS, OCCUPATION ASSISTANT GENERAL N0.4-14-23A. DODDLAVARI STREET, AGED 60 MANAGER R/0 H. SPSR. PATHURU, KAVALI / 3 NELLORE DISTRICT, ANDHRA PRADESH. (PETITIONER) 2.THE STATE OF ANDHRA PRADESH. REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT. AMARAVATHI. GUNTUR DISTRICT, A.P. 3.THE COMMISSIONER AND REGISTRAR SOCIETIES, GUNTUR, ANDHRA PRADESH. 4.THE DISTRICT COOPERATIVE DISTRICT, ANDHRA PRADESH. OF COOPERATIVE OFFICER, SPSR NELLORE ...RESPONDENT(S): lA NO: 1 OF 2025 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 pleased to condone the delay of 534 days in filing the appeal in the interests of justice lA NO: 2 OF 2025 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 pleased to suspend the Interim Order Dated 28-07-2023 in I.A.No.1 of 2023 in W.P.No.17461 of 2023, pending disposal of the main Writ Appeal Counsel for the Appellant: 1. SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. BOBBA VIJAYALAKSHMI 2.GP FOR SERVICES II WRIT APPEAL NO: 148/2025 Writ Appeal under clause 15 of the Letters Patent to set aside the Interim Order Dated 28.03.2023 in IA.No.1 of 2023 in W.P.No.7698 of 2023 erroneous and contrary to the extant Rules of the Appellant Bank and Between: as pass 1.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD. NELLORE.REP BY ITS CHIEF EXECUTIVE OFFICER, CEO. V 4 NEAR GANDHI STATUE. GRAND TRUNK ROAD ANDHRA PRADESH -524001. 2.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD,. REP BY ITS CHAIRMAN/PIC 0/0 NEAR GANDHI STATUE. GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001. ...APPELLANT(S) NELLORE, \ AND 1.SHAIK SHAMSHAD, D/0. SHAIKMASTHANSAHEB, AGED ABOUT 60 YEARS. OCC MESSENGER SPSR R/O.H.N 0.8-13-01, LA SAGARAM DISTRICT NAIDUPETA, PRADESH.(PETITIONER) NELLORE ANDHRA 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT. AMARAVATHI. GUNTUR DISTRICT, A.P. 3.THE COMMISSIONER AND REGISTRAR OF COOPERATIVE SOCIETIES. GUNTUR, ANDHRA PRADESH. ...RESPONDENT(S): lA NO: 1 OF 2025 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 pleased to condone the delay of 656 DAYS filing the appeal in the interests of justice and pass lA NO: 2 OF 2025 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 pleased to suspend the Interim Order Dated 28-03-2023 in I.A.No.l of 2023 in W.P.No.7698 of 2023, pending disposal of the main Writ Appeal, and pass Counsel for the Appellant{S): 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S): 1. BOBBA VIJAYALAKSHMI 2.GP FOR SERVICES II The Court made the following: 5 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL Nos.144. 147 & 148 of 2025 COMMON JUDGMENTUPer Hon’ble Sri Justice Battu Devanand) learned counsel representing P.Shiva Sai Dattathreya Mr. Sivaprasad Reddy Venati, learned counsel for the appellants on record, would submit that in view of the subsequent developments happened during the pendency of these appeals, these Writ Appeals have become infructuous Mr. and sought to dismiss the Writ Appeals as infructuous. Learned counsel for the respondents is also present. 2. 3. The statement of the learned counsel for the appellants is placed on record. 4. Accordingly, the Writ Appeals are dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shatl stand closed. SECTION OFFICER //TRUE COPY// \ I! To, 1. One CC to SRI. SIVAPRASAD REDDY VENATI, Advocate [OPUC] 2. One CC to M/S. BOBBA VIJAYALAKSHMI, Advocate [OPUC] ^ 3. Two CCs to GP FOR SERVICES - II, High Court of Andhra Pradesh-^ [OUT] 4. Two CCs to GP FOR AGRICULTURE, High Court of Andhra Pradesh"^ [OUT] 5. Two CD Copies \ \ ■■ \ 6^ HIGH COURT DATED:28/10/2025 \ \ \ \ \ \ COMMON JUDGMENT WA NOS. 144, 147 & 148 OF 2025 <- 31 OCT 2C:5 ■^XCurreni Secuony'^ -s' r> DISMISSING THE W.As. AS INFRUCTUOUS WITHOUT COSTS