1 HN, J W.P.No.34197_2025 APHC010659672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34197/2025 Between: 1. T SRINIVASA RAO, C.E.O OF PALASA P.A.C.S, AGE 59 PRIMARY AGRICULTURE CO-OPERATIVE, CREDIT SOCIETY, PALASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE, CO-OPERATION AND MARKETING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH-500022. 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIESCC AND RCS, SKY LARK TOWERS, D.NO.2-16-83, 11TH LINE, SYAMALA NAGAR, GUNTUR, ANDHRA PRADESH, 3. THE DISTRICT COOPERATIVE OFFICER, DISTRICT REGISTRAR, SRIKAKULAM, SRIKAKULAM DISTRICT. 4. THE DIVISIONAL COOPERATIVE OFFICER, TEKKALI, SRIKAKULAM DISTRICT. 5. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, TEKKALI, SRIKAKULAM DISTRICT. 6. SMT JAYA, INQUIRY OFFICER. ASST. REGISTRAR/SUB- DIVISIONAL CO-OPERATIVE OFFICER, PATHAPATNAM, SRIKAKULAM DISTRICT. 2 HN, J W.P.No.34197_2025 7. SRI L PAPPARAO, INQUIRY OFFICER. ASST. REGISTRAR/ PALASA P.A.C.S,SRIKAKULAM, SRIKAKULAM DISTRICT. ...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 to issue an appropriate writ. Order or Direction, more particularly one in the nature of Writ of mandamus, declaring the impugned action of the respondent No.4 in issuing proceedings Vide File No.COP- PAC/3/2024-S11-DOC-SKLM, dt.15-05-2025 which is Void ab initio, illegal and arbitrary. Violation of Article 14, 21 Constitution of India consequentially set-aside the proceedings Vide File No.COP- PAC/3/2024- S11-DOC-SKLM, dt.15-05-2025 issued by the 4th respondent and 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 Stay of all further proceedings in pursuance to the order dt.15-05-2025 issued by the 3rd respondent vide Proceedings Vide File No.COP-PAC/3/2024-S11-DOC-SKLM, pending disposal of the above writ petition and pass such IA NO: 1 OF 2026 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 vacate the interim orders granted on 17.12.2025 in WP.No.34197/2025 and dismiss the writ petition No.34197/2025 and pass Counsel for the Petitioner: 1. T M K CHAITANYA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. BH RAMA KRISHNA NAIK 3. GP FOR COOPERATION 3 HN, J W.P.No.34197_2025 ORDER: 1. The petitioner is aggrieved by the impugned proceedings dated 15.05.2025, whereby the respondent No.6 was appointed as an Enquiry Officer to conduct an enquiry into the alleged financial irregularities and misappropriation of funds noticed in the Primary Agriculture Co-operative Credit Society (P.A.C.S), Palasa. 2. It is submitted that respondent No.6 has been appointed an Enquiry Officer for conducting an enquiry under Section 51 of the Andhra Pradesh Co- operative Societies Act, 1964 (for short, “the Act”). The learned counsel appearing for the petitioner submits that an enquiry under Section 51 of the Act can be initiated either by the Registrar himself or on an application of the society to which not less than 1/3rd members of the Committee, or by not less than 1/5th of the total number of members of the society. 3. In the present case, the respondent No.3 has appointed respondent No.6, who is working in the cadre of Assistant Registrar, Pathapatnam, Srikakulam District, as the Enquiry Officer. 4. The learned counsel appearing for the petitioner submits that the provisions of the Act shall be conducted in the manner prescribed therein and that the present impugned proceedings are contrary to the provisions of the Act and settled legal stature. 5. The respondent No.4 has filed a counter-affidavit. It is submitted that the respondent No.6 is also officiating as Sub-Divisional Co-operative Officer, Pathapatnam, and that there are serious allegations and misappropriation of 4 HN, J W.P.No.34197_2025 funds and several unreconciled amounts were found during the course of verification. It is submitted that the P.A.C.S, Palasa, was flagged for irregularities and, therefore, a proper and thorough enquiry is required. It is also submitted that the officer was appointed for conducting enquiry in terms of G.O.Ms.Nos.34 and 19, which confer powers on the District Co-operative Officer to appoint an Enquiry Officer under the Andhra Pradesh Co-operative Societies Act, 1964. It is submitted that, by virtue of the interim orders granted by this Court, the allegations which the petitioner is required to answer and the enquiry into the serious allegations against the petitioner is stalled. The learned Assistant Government Pleader, therefore, prays for dismissing of the present writ petition. 6. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents and perused the record. 7. This Court, in W.A.No.97 of 2025, had an occasion to consider a similar and identical issue relating to the appointment of an Assistant Registrar as an Enquiry Officer under Section 51 of the Act. 8. The learned Division Bench of this Court observed that the action of the District Co-operative Officer in appointing an Assistant Registrar to conduct the enquiry in terms of Section 51 of the Act was without jurisdiction. 9. The Hon’ble Division Bench of this Court has taken into consideration the amendment to G.O.Ms.No.34 and found that the appointment of an Assistant Registrar to conduct an enquiry under Section 51 of the Act was without jurisdiction and accordingly allowed the writ appeal filed by the 5 HN, J W.P.No.34197_2025 appellant therein. The Hon’ble Division Bench specifically considered the scope of the powers delegated to the District Co-operative Officer in respect of Primary Agricultural Co-operative Societies (P.A.C.S) and held that such power did not extend to authorizing an Assistant Registrar to conduct an enquiry under Section 51 of the Act. 10. On the facts and circumstances of this case, the Assistant Registrar is appointed as an Enquiry Officer under Section 51 of the Act by the District Co- operative Officer, Srikakulam, vide the impugned proceedings. 11. For the aforesaid reasons, the impugned proceedings are hereby set aside and the writ petition is disposed off, leaving it open for the respondent authorities to take appropriate steps in accordance with law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N NKA Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HN, J W.P.No.34197_2025 9 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34197 of 2025 Date: 18.09.2026 NKA