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2026 DAILYLAW 21239 (AP)

GATTAMANENI ARUNACHALAM v. THE STATE OF AP

WA/1124/2025 · 2026-01-26

Challa Gunaranjan, Dhiraj Singh Thakur

body2026

Judgment text

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APHC010270262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL No.1124 of 2025 Bench Sr.No:-20 [3552] Gattamaneni Arunachalam ...Appellant Vs. The State of A.P. and others ...Respondents ********** Advocate for appellant : Sri S. V. Muni Reddy representing Sri T. Balaji Advocate for respondents : Learned Government Pleader for Cooperation, Sri Sivaprasad Reddy Venati CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE CHALLA GUNARANJAN DATE : 27th January 2026 P C : The present Writ Appeal has been preferred against the judgment and order dated 15.11.2024 passed in Writ Petition No.28126 of 2015. 2. The petitioner/appellant herein claims to have participated in an auction for sale of properties mentioned more elaborately in the writ petition which auction was conducted by respondent Nos.3 and 4. The petitioner was declared as the highest bidder for a sum of Rs.10,50,000/- and deposited an amount of Rs.1,50,150/- on the same day. Subsequently, on 02.09.2015, another amount of Rs.2,00,000/- was deposited by the petitioner pursuant to the orders of the Court and therefore, a total amount of Rs.3,50,150/- was 2 deposited. In the interregnum, it appears that an appeal was preferred by one Padileti Chanchamma under Section 76(1) of the A.P. Co-operative Societies Act, 1964 before the A.P. Co-operative Tribunal, Vijayawada in O.A.No.56 of 2012. It is for that reason that the appellant, who was otherwise required to pay the balance 85% of the bid amount, has not paid. Subsequently, it appears that the appeal so filed before the Co-operative Tribunal was dismissed. In that background, the petitioner claims that even when the petitioner was found to be the highest bidder in the auction conducted by respondent Nos.3 and 4, they ought to have proceeded to finalize and confirm the same in favour of the petitioner instead of subjecting the said property for auction yet again. 3. The learned single Judge, however, held that on account of the failure of the petitioner to deposit the stipulated amount within the prescribed time, the petitioner had no right and further that default in paying the balance amount would have permitted the Government to forfeit the deposit made. However, taking a lenient view, direction was issued to the official respondents to pay the entire amount of Rs.3,50,150/- to the petitioner. 4. We cannot persuade ourselves to take a view different from the one taken by the learned single Judge. We, however, feel that since the amount of Rs.3,50,150/- was retained by the official respondents, the same would also entitle the petitioner to interest thereupon from the date of the deposit at the rate of 5% per annum. The said amount shall be paid from the proceeds 3 which may accrue on account of sale of the property in question in the auction proceedings which may be completed not later than two (2) months from today. 5. Accordingly, the Writ Appeal is disposed of. No order as to costs. Miscellaneous Petitions pending, if any, shall stand closed. DHIRAJ SINGH THAKUR, CJ CHALLA GUNARANJAN, J AMD 4 186 HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN WRIT APPEAL No.1124 of 2025 Dt:27.01.2026 AMD