1 APHC010696382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35630/2025 Between: 1. M. SAVITRI,, D/O(LATE) M.C.V. SUBBAIAH, AGED ABOUT 66 YEARS, RETIRED, R/O D. NO. 10-56-94, BLOCK NO. 31/4, EWS QUARTERS, NEHRU NAGAR, NEAR RAM NAGAR, VISAKHAPATNAM 530 002. AADHAAR NO. 3311 7462 9752 MOBILE 98669 27101 2. B. RAJU NAIDU,, S/O(LATE) VENKANNA, AGED ABOUT 68 YEARS RETIRED, R/O D. NO. 32-6-41/1, PANCHAYATHI OFFICE ROAD, NATHAYYAPALEM, BHPV POST, VISAKHAPATNAM 530 012. AADHAR NO. 3978 1572 0323 MOBILE 77803 09421. 3. M. CHANDRA KUMARI,, W/O K. NEELAKANTESWARARAO, AGED ABOUT 49 YEARS. HOUSEWIFE, R/O D. NO. 50-53-3/5, MPR HEIGHTS, NE LAYOUT, SEETHAMMADHARA, VISAKHAPATNAM 530 013, AADHAR NO. 5932 7175 2429 MOBILE 9845312009. 4. S. SATYANARAYANA,, S/O(LATE) S. VENKATA RAO, AGED ABOUT 72 YEARS. RETIRED, R/O B NO. 25-4-114, KOTHA KARNAVAN, 5. M. RAMAMOHAN RAO,, S/O (LATE) M. APPALA NAIDU, AGED ABOUT 50 YEARS. RETIRED, R/O D. NO. 6-19-16, REDDY THUNGLAM, BHPV SO, VISAKHAPATNAM 530 013. AADHAR NO. 2095 8260 5354 MOBILE 92814 35726. 6. T.V. VISWANADHAM,, S/O (LATE) SHRI T. KRISHNA MURTHY, AGED ABOUT 63 YEARS RETIRED, R/O PLOT NO. 66, SREE KRISHNA GREEN VILLAS, BONANGI, GOFLIVARIPALEM, PARAWADA MANDALAM, ANAKAPALLI DISTRICT - 531028, 2 AADHAR NO. 7864 2431 6252 MOBILE 9100939354. 7. G. APPALA RAJU, S/O(LATE) G. NAGESWARA RAO, AGED ABOUT 48 YEARS, GOVERNMENT EMPLOYEE, R/O D. NO. 1-3/5, SANTHINAGAR, AGANAPUDI, VISAKHAPATNAM 530053. AADHAR NO. 4723 2098 8467 MOBILE 868682 22432. 8. BASHEERUNNISHA,, W/O SHAIK ABDULLA, AGED ABOUT 73 YEARS. RETIRED, R/O P NO. 501. RENUKA ENCLAVE, VENKATESWARA COLONY, ROAD NO.9. 'B' BLOCK SHEELANAGAR, VISAKHAPATNAM 530012. AADHAR NO. 59107082 9252 MOBILIER 94909 97161 9. K. VEERRAJU,, S/O(LATE) K. RAMA MURTHY, AGED ABOUT 74 YEARS. RETIRED, R/O D. NO. 3-5-127, GUDIVADA APPANNA COLONY, MINDI, BHPV POST, VISAKHAPATNAM 530 012. AADHAR NO. 5926 0115 6148 MOBILE 98857 85541 10. M. NARASIMHA MURTHY,, S/O(LATE) M. APPALA NARASIMHAM, AGED ABOUT 66 YEARS, RETIRED, R/O FLAT NO. 303, HITECH HEAVEN APARTMENTS, RATNAGIRI NAGAR, SUJATHA NAGAR, PENDURTHI, VISAKHAPATNAM 530 051. AADHAR NO. 8477 5061 0749 MOBILE 79978 66028. 11. G. BHAVANI,, W/O (LATE) G. MUNNISWAMY REDDY, AGED ABOUT 63 YEARS. RETIRED, R/O D. NO. 58/13/4, 2ND FLOOR GOWRI NAGAR, NAD KOTHA ROAD. VISAKHAPATNAM 630 009. AADHAR NO. 7412 3245 6755, MOBILE 79814 15493 12. CH. SRINIVASA RAO,, S/O (LATE) CH. SURYANARAYANA, AGED ABOUT 55 YEARS RETIRED, R/O D. NO. 7-8-12, CHATIVANIPALEM, GAJUWAKS POST VISAKHAPATNAM 530 026. AADHAR NO. 4923 9263 2351 MOBILE 94403 87435 13. S. KIRAN KUMAR,, S/O (LATE) S. SURYA RAO, AGED ABOUT 51, PRIVATE EMPLOYEE, R/O D. NO. 9-8-113, MARUTHI NAGAR, GAJUWAKA, VISAKHAPATNAM 530 026. AADHAR NO. 6410 8236 8971 MOBILE 92900 00939. 14. I. RAMANJANEYULU,, S/O(LATE) REDDAIAH, AGED ABOUT 74 YEARS. RETIRED, R/O D. NO. 1-5-139, RAMALAYAM STREET. AKKIREDDY PALEM, BHPV POST VISAKHAPATNAM 530 012. AADHAR NO. 5782 1322 0923 MOBILE 94930 22022 3 15. P.S.R. MURTHY,, S/O(LATE) P. VENKATA RAMANA, AGED ABOUT 79 YEARS, RETIRED. R/O D. NO. 8-3-9, OLD GAJUWAKA, JOGAVANI PALEM, 0PP. PANTULUGARI MEDA, VISAKHAPATNAM-530 026. AADHAR NO. 6140 4063 9443 MOBILE 94908 12758 16. S. SATYANARAYANA,, S/O(LATE) S. PERAYAYA, AGED ABOUT 74 YEARS. RETIRED. R/O D. NO. 26-1-14/1, CHINNA GANTYADA, R.K. HOSPITAL ROAD, GAJUWAKA, VISAKHAPATNAM-530 026. AADHAR NO. 3900 9685 3218 MOBILE 98489 99994 17. D.V.G. KRISHNA RAJU,, S/O(LATE) D. SUBBA RAJU, AGED ABOUT 51 YEARS. SELF-EMPLOYED, R/O D. NO. 8-4-71/5, ASHOK NAGAR, GAJUWAKA, VISAKHAPATNAM 530 026, AADHAR NO. 8974 0760 3849 MOBILE 93480 48999 18. AVS PRASAD,, S/O(LATE) A.V. SUBBARAO, AGED ABOUT 65 YEARS. RETIRED, R/O FLAT NUMBER 506, MARUTI HEIGHTS, HARIPURICOLONY ROAD NO.1, KOTHAPETA, RANGAREDDY DISTRICT, HYDERABAD 500 102, AADHAR NO. 2469 580 MOBILE 94902 29654 19. M. BHEEM SEN RAO,, S/O(LATE) M. SATYANARAYANA RAO, AGED ABOUT 59 GOVERNMENT EMPLOYEE, R/O FIAT NUMBER 204, MARUTI HEIGHTS HARIPURI ROAD NO.1, KOTHAPETA, RANGAREDDY DISTRICT, HYDERABAD 500 102, AADHAR NO. 5509 7266 9849, MOBILE 94907 47376 20. T. VISWAGNACHARY,, S/O (LATE) T. NAGABHUSHANAM, AGED ABOUT 73 YEARS. RETIRED, R/O D. NO. 21-69/23/27, JANA CHAITANYA APARTMENT, FLAT NO. 209. SHRAM NAGAR, DOGGAVANIPALEM, PENDURTHI, VISAKHAPATNAM 531 173. AADHAR NO. 5683 2908 3279 MOBILE 98857 17090 21. P. RAJASEKHAR,, S/O P. SATYANARAYANA RAO, AGED ABOUT 49 YEARS, GOVERNMENT EMPLOYEE, R/O FLAT NUMBER 401, SRI BALAJI HOMES, ROAD NO 09. BHARATH NAGAR, KURMANNAPALEM, VISAKHAPATNAM 530 046, AADHAR NO. 9596 0633 1019, MOBILE 99515 32856 22. K.VV. HANUMAN,, S/O (LATE) K. RAMA RAO, AGED ABOUT 59 YEARS, BHEL EMPLOYEE, R/O. D. NO. E-68, BHPV TOWNSHIP, GAJUWAKA, BHPV POST, VISAKHAPATNAM 530 012, AADHAR 4 NO. 3166 6478 4793 MOBILE 99594 51915 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY (COOPERATIVE SOCIETIES) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES DEPARTMENT, VISAKHAPATNAM. 3. BHPV EMPLOYEES COOPERATIVE HOUSE BUILDING SOCIETY LIMITED, BHPV POST, MINDI, VISAKHAPATNAM-530012 REP. BY ITS VICE-PRESIDENT, A. VENKATA RAO. ...RESPONDENT(S): 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 tomay be pleased Hon'ble Court may be pleased to issue WRIT OF MANDAMUS or any other appropriate writ, order or direction to DECLARE the inaction of respondent No. 2 in considering the stay Application seeking STAY of removal of petitioners from the beneficiaries list in the general body meeting scheduled to be held on 21.12.2025, in lA. No. of 2025 in ARC. No. 1/2025-26 on the file of 2nd respondent / Deputy Registrar Co-operative societies, Visakhapatnam pending ARC as illegal, arbitrary, violation of provisions of AP Co-operative Societies Act, 1964 and rules made thereunder and contrary to Articles 14 and 300-A of Constitution of India and consequently COMMAND the 2nd respondent to consider STAY application filed in ARC. No. 1/2025-26 in the interest of justice and pass such other order or orders may deem fit and proper in the circumstances of the case, and to pass such IA 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 may be pleased to direct the respondents not to remove the petitioners from the beneficiaries list in the general body meeting scheduled to be held on 21.12.2025, in lA. No. of 2025 in ARC. No. 1/2025-26 on the file of 2nd respondent / Deputy Registrar Co operative societies, Visakhapatnam pending ARC in the interest of justice and pass such other order or orders 5 may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. P RAJASEKHAR Counsel for the Respondent(S): 1. HEMANTH KUMAR VENNA 2. GP FOR COOPERATION 6 The Court made the following order: Learned counsel appearing for the petitioners submits that the petitioners are retired employees of BHPV Limited, Visakhapatnam. It is submitted that the petitioners are members of the 3rd respondent-Housing Society and are aggrieved by the inaction on part of the 3rd respondent in allotting the plots to its members. 2. It is submitted that Bye-law 43 of the 3rd respondent-Society would mandate allotment of plots to its members and that the procedure to be followed is detailed under Regulation.43. It is submitted that, though the 3rd respondent has not allotted individual plots to the petitioners, it has called upon them to pay the amount required for construction in five equated installments. 3. It is submitted that the petitioners, being retired from service, cannot comply with the demand of the 3rd respondent unless the 3rd respondent specifically earmarks the plots in their favour individually. It is further submitted that, upon allotment and registration of the plots in favour of the petitioners, they would be in a position to apply for loans and comply with the notice calling upon the petitioners to make the requisite payments. 4. The Writ Petition was filed apprehending coercive action against the petitioners in pursuance of a notice dated 28.11.2025 for a General Body Meeting of the members of the Society. The meeting was scheduled to be on 21.12.2025. It is submitted that this Court considering the grievance of the 7 petitioners, granted interim orders on 20.12.2025 directing the respondents not to take any coercive steps to remove the petitioners from the list of beneficiaries/members, which would have enabled the respondents to allot the plots as per their whims and fancies. 5. The learned counsel appearing for respondent No. 3 submits that a detailed counter-affidavit is filed and that it is submitted that there are 352 beneficiaries in the Society and that an equal number of plots are available for the members. It is further submitted that the 3rd respondent has obtained permission for developing a group housing project and, except the petitioners, none of the other beneficiaries have raised any concern. 6. It is submitted that the Society has spent substantial amounts towards development and has also paid the requisite fee for obtaining permission from the competent authorities. It is further submitted that the 3rd respondent has no option but to take further steps against any beneficiary, who is not inclined to pay the construction cost. 7. It is submitted that, in the General Body Meeting held on 21.12.2025, it was resolved to grant one more opportunity to those beneficiaries who have not paid the construction cost, by permitting them to pay the outstanding amount together with interest at the rate of 12%. The said resolution was passed by a majority of the members. The time for payment was also extended up to 31.01.2026. 8 8. The learned counsel for respondent No.3 further submits that the petitioners have raised a comprehensive dispute before the District Registrar of Cooperative Societies, Visakhapatnam, and the same is pending adjudication. The issues raised by the petitioners before this Court are required to be considered by the District Registrar in the A.R.C.No.1 of 2025, pending on the file of the 2nd respondent. 9. Considering the submissions, the Writ Petition is disposed of leaving it open to the petitioners to raise all contentions urged before this Court before the 2nd respondent. The 2nd respondent shall consider and decide A.R.C.No.1 of 2025 on its own merits. 10. Pending disposal of A.R.C.No.1 of 2025, the interim order granted by this Court shall sustain. The 2nd respondent shall decide A.R.C.No.1 of 2025 on its own merits, uninfluenced by the interim order passed by this Court. 11. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 16.09.2026 RJS/GCD 9 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 35630/2025 Dt: 16.09.2026 RJS/GCD 10