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2026 DAILYLAW 12380 (AP)

The Proddatur Cooperative House Building Society Ltd. v. State of Andhra Pradesh

WP/28798/2026 · 2026-10-04

Harinath N

body2026

Judgment text

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1 HN, J W.P.No.28798_2026 APHC010530082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 5th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28798/2026 Between: 1. THE PRODDATUR COOPERATIVE HOUSE BUILDING SOCIETY LTD.,, REP.BY ITS PRESIDENT, D. BHASKAR REDDY S/O GURIVI REDDY, AGED 56 YEARS, 0/O DNO 3/303, UPSTAIRS, YERRAMUNIREDDY COOP. COLONY, PRODDATUR, YSR KADAPA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY TO GOVERNMENT, COOPERATION DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. DY REGISTRAR OF COOPERATIVE SOCIETIES, YMR COLONY, PRODDATUR, YSR KADAPA DISTRICT-516360 3. DIVISIONAL COOPERATIVE OFFICER CUM DY REGISTRAR OF COOPERATIVE SOCIETIES, YMR COLONY, PRODDATUR, YSR KADAPA DISTRICT-516360 4. SUB DIVISIONAL COOPERATIVE OFFICER, YMR COLONY, PRODDATUR, YSR KADAPA DISTRICT-516360 . ...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 toissue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the showcause notice vide Rc.No.1064/2026-D1 dated 25.09.2026 of the 2nd respondent thereby 2 HN, J W.P.No.28798_2026 calling the petitioner society to submit their explanation within 7 days as received by the petitioner society on 28.09.2026, with regard to regualrizing P. Kalyan clerk and final audit reports for 2020-2021 to 2024-2025 and predetermined to supersede the Committee, as illegal, irregular, irrational and arbitrary besides violative of principles of natural justice and offends Articles 14 and 21 of Constitution of India, and consequently suspend the showcause notice vide Rc.No.1064/2026-D1 dated 25.09.2026 of the 2nd respondent as predetermined, till furnishing the copies documents sought by the petitioner society by a representation dated 25.09.2026 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 suspend the showcause notice vide Rc.No.1064/2026-D1 dated 25.09.2026 of the 2nd respondent as predetermined, till furnishing the copies documents sought by the petitioner society by a representation dated 25.09.2026 pending disposal of the above writ petition Counsel for the Petitioner: 1. M SOLOMON RAJU Counsel for the Respondent(S): 1. GP FOR COOPERATION 3 HN, J W.P.No.28798_2026 ORDER: 1. The learned counsel appearing for the petitioner submits that the petitioner is aggrieved by the impugned proceedings dated 25.09.2026, whereby it is proposed to supersede the Managing Committee of the petitioner-Society, and that the petitioner is required to submit an individual explanation as to why the Managing Committee of the petitioner-Society ought not to be superseded. 2. It is submitted that the petitioner has submitted a representation dated 25.09.2026 seeking the information which would be required for submitting a detailed reply. It is submitted that the show-cause notice would refer to the office memorandum dated 31.08.2026 and the enquiry report dated 25.09.2026 submitted by respondent No.4. It is also submitted that, without the relevant documents, including the enquiry report which is referred to in the show-cause notice, the petitioner would be unable to submit a proper and detailed explanation. It is submitted that the trigger for issuing the impugned notice appears to be the enquiry report dated 25.09.2026. 3. The learned Assistant Government Pleader appearing for the respondents submits that the impugned proceedings dated 25.09.2026 is the show-cause notice and that the petitioner ought to submit his explanation to the show-cause notice by way of a representation to the respondent authorities instead of approaching this Court. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 4 HN, J W.P.No.28798_2026 5. The enquiry report is referred to in the impugned show-cause notice dated 25.09.2026. The respondent No.3 is also aware of the correspondence from the petitioner dated 25.09.2026, calling for certain information. The petitioner has also sought a copy of the enquiry report, which would enable the petitioner to submit a detailed and proper reply to the impugned show- cause notice. It is also evident that the respondents have not furnished a copy of the enquiry report, which would be essential for the petitioner to submit a detailed reply. 6. Considering the submissions, as the time granted for submitting the reply would expire today, the respondents are hereby directed to furnish the office memorandum in Rc.No.1064/2026-D1, dated 31.08.2026, and the enquiry report in Rc.No.149/2026, dated 25.09.2026, within a period of two (02) weeks from the date of receipt of this order. The petitioner shall submit his reply within a period of two (02) weeks thereafter, and further orders shall be passed in accordance with law. Pending consideration of the same by the respondent authorities, status quo shall be maintained. 7. With the above directions, the present writ petition stands disposed off. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:05.10.2026 NKA 5 HN, J W.P.No.28798_2026 19 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28798 of 2026 Date: 05.10.2026 NKA