APHC010170222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL NO: 403/2025 Writ Appeal under clause 15 of the Letters Patent above-named Appellants beg to present this Memorandum of Appeal being aggrieved by the order dated 14.02.2025 passed in Review I.A. No.l of 2025 in W.P.No. 21485 of 2024 passed by the learned single Judge HonlDle Sri Justice Subba Reddy Satti for the following among other grounds Between: 1. GORINTIA CHANDRA SEKHARA RAO,, S/O. GORINTIA VEERANNA, AGED ABOUT 60 YEARS, OCC- CEO/SECRETARY, R/O. DR. NO. 6/6, NARASIMHA SAGAR ROAD DWARAKA TIRUMALA MANDAL, ELURU DISTRICT, ANDHRA PRADESH - 534 426. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY CO-OPERATIVE DEPARTMENT SECRETARIAT BUILDINGS VELAGAPUDI AMARAVATHI GUNTUR DISTRICT ANDHRA PRADESH STATE. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH STATE. -2- W.A. No.403 of 2025 Date of order:02.03.2026 DEV, J & SS, J 3. THE COMMISSIONER AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT COOPERATIVE OFFICER, ELURU DISTRICT ELURU ANDHRA PRADESH. 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, ELURU DISTRICT, ELURU ANDHRA PRADESH STATE. 6. THE RAMANNAGUDEM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LTD, REGD NO. 1496 DEVINENIVARAIGUDEM, DWARAKA TIRUMALA DISTRICT, ELURU DISTRICT REP BY ITS OFFICIAL PERSON IN CHARGE ELURU RURAL MANDAL ELURU DISTRICT, ANDHRA PRADESH. 7. NALLURI YUGANDHAR, S/O. N PRASAD, AGED ABOUT 41 YEARS, OCC- AGRICULTURE, R/O. H.NO. 164 O.C COLONY DEVINENIVARIGUDEM, RAMANNAGUDEM, ELURU DISTRICT. ...RESPONDENT(S): Counsel for the Appellant: 1. THADIKONDA KOTESHWARA PRASAD Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. P VARA PRASAD RAO 3. GP FOR SERVICES II 4. SRINIVAS BASAVA The Court made the following: -3- W.A. No.403 of 2025 Date of order:02.03.2026 DEV, J & SS, J THE HON’BLE SRI JUSTICE BATTU DEVANAND AND THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT APPEAL No:403 OF 2025 JUDGMENT: (per Hon’ble Sri Justice Subhendu Samanta) 1. The instant writ appeal has been preferred being aggrieved by and dissatisfied with the order, dated 14.02.2025, in Review I.A. No.1 of 2025 in W.P.No.21485 of 2024 passed by a learned Single Judge of this Court. 2. In a nutshell, when the learned Single Judge dealing with a writ petition being W.P. No.21485 of 2024, on 09.12.2024 the petitioner appeared before the Court and sought permission to withdraw the writ petition by filing a specific memo duly endorsed by his learned counsel. Considering the memo, the learned Single Judge dismissed the writ petition as withdrawn. Subsequently, after some days, the petitioner filed a restoration application as well as a review petition, being I.A. No.1 of 2025, by engaging a separate advocate. The learned Single Judge has dismissed both restoration application and review application by separate orders. In passing the order in connection with the review I.A. No.1 of 2025, learned Single Judge has imposed exemplary costs of Rs.25,000/- payable by petitioner to -4- W.A. No.403 of 2025 Date of order:02.03.2026 DEV, J & SS, J the High Court Legal Services Committee within a period of four weeks from the date of receipt of a copy of the order. Hence, this writ appeal. 3. Heard the learned counsels for the parties and perused the order impugned. 4. On a careful perusal of the order, we find that the learned Single Judge, after hearing both parties when going to dictate the order, the petitioner approached by filing a memo seeking permission to withdraw the writ petition. The learned Single Judge has accorded permission to withdraw the writ petition upon entertaining the said memo filed by the petitioner. Thereafter, the petitioner filed an interlocutory application seeking restoration and review by engaging a separate advocate. 5. On a further perusal of the impugned order in Review I.A. No.1 of 2025, it appears that the learned single Judge has followed the observations of the Hon’ble Supreme Court in T.N. Electricity Board v. N.Raju Reddiar 1 and Om Prakash v. Suresh Kumar 2 . By following the principle of law as enunciated by the Hon’ble Supreme Court, the learned Single Judge is of the view that the petitioner is neither an illiterate nor infant, he is the CEO of the Society. The 1 (1997) 9 SCC 736 2 (2020) 13 SCC 188 -5- W.A. No.403 of 2025 Date of order:02.03.2026 DEV, J & SS, J procedure adopted by the petitioner is a clear abuse process of law. It is further observed by the learned Single Judge that the audacity of the petitioner shocks the conscience of the Court. 6. During the course of argument, the learned counsel for the appellant tenders an unconditional apology for the misdeed and conduct of the petitioner before the learned Single Judge and prayed for leniency. 7. Considering the entire aspect, it appears that the impugned order in Review I.A. No.1 of 2025 in W.P. No.21485 of 2024 suffers no illegality or impropriety. The learned single Judge has assigned sufficient reason for dismissing the review application being I.A. No.1 of 2025. Moreover, the conduct of the petitioner before the learned Single Judge cannot be encouraged. However, to observe unconditional apology tendered by the learned counsel for the petitioner before this Divisional Bench, we are of the view that the exemplary costs upon the petitioner as imposed by the learned Single Judge cannot be set aside, but in the present facts and circumstances of the case, the same may be reduced to the extent of Rs.10,000/-. The other directions of the learned Single Judge would be remained intact. 8. Accordingly, the instant writ appeal is partly allowed and disposed of. The petitioner is directed to pay exemplary costs of Rs.10,000/- -6- W.A. No.403 of 2025 Date of order:02.03.2026 DEV, J & SS, J (Rupees ten thousand only) instead of Rs.25,000/- (Rupees twenty five thousand only) according to the direction of the learned single judge. 9. Miscellaneous petitions, if any, pending in this writ appeal shall stand closed. _________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Dt.02.03.2026 BV