APHC010217342026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 11818/2026 Between: 1. SRI V. C. POLI REDDY, S/O. CHINNA POLI REDDY, OCC. EX- PRESIDENT, AGED ABOUT 49 YEARS, R/O.CHENNAKESAMPALLI VILLAGE, R/O. GODULURU (V), BADVEL MANDAL, KADAPA (YSR) DISTRICT, A.P.-516001 2. SRI CHENNURU ISMAIL,, S/O. LATE C.BALA SIDDAIAH, AGED ABOUT 46 YEARS, OCC. EX-CEO, R/O.H.NO.2-57, GANDHI NAGAR, BADVEL, KADAPA (YSR) DISTRICT, ANDHRA PRADESH.-516001 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO- OPERATION DEPARTMENT, SECRETARIAT, AMARAVATHI,ANDHRA PRADESH.-522237 2. THE DISTRICT COOPERATIVE OFFICERDCO, KADAPA (YSR) DISTRICT, ANDHRA PRADESH.-522237 3. THE KADAPA DISTRICT COOPERATIVE CENTRAL BANK LTD, REP BY ITS CHIEF EXECUTIVE OFFICER, CEO., RSR ROAD, KADAPA TOWN, KADAPA DISTRICT, A.P.-516001 2 4. THE KADAPA DISTRICT COOPERATIVE CENTRAL BANK LTD, REP BY ITS CHAIR PERSON, RSR ROAD, KADAPA TOWN, KADAPA DISTRICT, A.P. -516001 5. M/S CHENNAKESAMPALLI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS CEO., CHENNAKESAMPALLI VILLAGE, BEDVEL MANDAL, KADAPA DISTRICT, ANDHRA PRADESH.-516001 6. M/S CHENNAKESAMPALLI PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS OFFICIAL PERSON -INCHARGE/CHAIRPERSON OF 3-MEN COMMITTEE, CHENNAKESAMPALLI VILLAGE, BEDVEL MANDAL, KADAPA DISTRICT, ANDHRA PRADESH.-516001 7. THE POLICE STATION BEDVEL URBAN, REP. BY ITS STATION HOUSE OFFICER, BEDVEL, KADAPA DISTRICT, ANDHRA PRADESH.516227 ...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 to issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus, by declaring the action of the Respondent No.2 in issuing proceedings vide D.No.2091/2013-C2, dated .03.2026 (digi signed on 01.04.2026) directing the 6th Respondent to take criminal and civil action citing Section 31A-(16) of APCS, Act, 1964, without considering that already without jurisdiction the Chief Executive Officer, CEO of 5th Respondent made complaint 09.03.2026 to 7th Respondent on similar allegations and that FIR No.35, dated 09.03.2026 was registered and same day remanding both the petitioners, and further not considering that no basic statutory inquiry or reports are made under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 and Rules, and without jurisdiction the impugned proceedings are issued, as illegal, arbitrary. Excessive and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14 and 21 of the Constitution of India and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 and Rules made therein, and consequently declare the same as illegal and void and pass such other orders. 3 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 to suspend the proceedings vide D.No.2091/2013-C2, dated .03.2026 (digi signed on 01.04.2026 in respect of initiating criminal and civil proceedings, pending disposal of the above Writ Petition and pass such other orders. Counsel for the Petitioner(S): 1. SRINIVAS BASAVA Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR AGRICULTURE The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11818 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.2 in issuing the impugned Proceedings vide D.No.2091/2013-C2, dated Nil.03.2026 (digitally signed on 01.04.2026) directing Respondent No.6 to initiate criminal and civil action against the Petitioner and to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner was elected as President/Chairman to Respondent No.5-Society in the year 2005 and later in the year 2013 also. Subsequently, there has been a number of Writ Petitions filed by the Petitioner vis-a-vis various actions in relation to alleged misconduct as President/Chairman of Respondent No.5- Society. The details are not referred to as they are not relevant for the purpose of this case. 3. Apart from the Writ Petitions, a criminal complaint was also registered by Respondent No.6 against the Petitioner vide F.I.R.No.35 of 2026, dated 09.03.2026 for the offence punishable 5 under Sections 120-B, 406, 409, 420, 467, 468, 471 R/w 34 IPC. The Petitioner was arrested, remanded to the judicial custody and was released on bail on 25.03.2026 i.e., after 15 days. While so, Respondent No.2 issued the impugned proceedings directing Respondent No.6 to initiate civil and criminal action against the Petitioner again. Hence, the present Writ Petition is filed. 4. The learned counsel for the Petitioner Mr. Srinivas Basava submits that a criminal complaint was registered against the Petitioner for the alleged misconduct while discharging functions as President/Chairman of Respondent No.5-Society and the impugned proceedings cannot be called for as a criminal case is already registered as mentioned above. 5. The learned Assistant Government Pleader appearing for the Respondents on instructions submits that the impugned proceedings regarding initiation of criminal action was by oversight and that no fresh criminal case would be registered against the Petitioner pursuant to the impugned proceedings as the criminal case bearing F.I.R.No.35 of 2006 was already registered and investigation is ongoing. 6 6. In the light of the submissions of the learned Assistant Government Pleader, the grievance of the Petitioner is redressed and the Writ Petition is closed. 7. No order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. ________________ NYAPTHY VIJAY, J Date: 29.04.2026 IS 7 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.11818 of 2026 Date: 29.04.2026 IS