APHC010235602026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13668/2026 Between: 1. P NAGADURGA, S/O. SRI RAMULU AGED ABOUT 38 YEARS, R/O. 11-173 KOTHURU, KARNMAVARAPUKOTA ELURU DISTRICT ANDHRA PRADESH - 534449 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY AGRICULTURE AND COOPERATION DEPARTMENT SECRETARIAT BUILDING VELAGAPUDI AMARAVATI GUNTUR DISTRICT - 522503 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, , GOVERNMENT OF ANDHRA PRADESH. - 522006 3. THE DISTRICT COOPERATIIVE OFFICER, ELURU DISTRICT - 534002 4. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, NUZIVID DIVISION, NUIVID 5. KARNMAVARAPUKOTA LARGE SIZED COOPERATIVE CREDIT SOCIETY, REP. BY ITS CHAIRMAN KARNMAVARAPUKOTA, KARNMAVARAPUKOTA MANDAL ELURU DISTRICT - 534449 ...RESPONDENT(S): 2 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 topleased to issue an appropriate writ, order or direction, more particularly a writ of Mandamus, declaring the action of respondent No. 4 in not considering the representation dated. 16-10-2025 to review its proceedings vide Rc. No. 857/2022-C dated 08-10-2025 issued under Section 60(1) of the Andhra Pradesh Cooperative Societies Act, 1964, without taking into consideration the documentary evidence submitted by the petitioner and thereby making the petitioner jointly and severally liable for an amount of Rs. 6,83,232/- with interest @ 18percent per annum, as illegal, arbitrary and violative of the principles of natural justice and consequently set aside the said proceedings vide Rc. No. 857/2022- C dated 08-10-2025 and review the same insofar as the petitioner is concerned, by duly taking into account all the documentary evidence placed on record by the petitioner and pass 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 pleased to stay of all further proceedings pursuant to the proceedings vide Rc. No. 857/2022-C dated 08-10-2025 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR AGRICULTURE The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13668 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.4 in not considering the representation, dated 16.10.2025 to review proceedings issued vide Rc.No.857/2022-C, dated 08.10.2025, as illegal and arbitrary. 2. Learned counsel for the Petitioner submitted that the impugned surcharge orders passed by Respondent No.4 vide Rc.No.857/2022-C, SO-3, dated 08.10.2025 cannot be sustained on account of various aspects. 3. Learned Assistant Government Pleader submitted that, against the order of surcharge, an appeal is provided under Section 76 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, ‘the Act’) through the Andhra Pradesh Cooperative Tribunal and the Writ Petition cannot be maintained. 4. Heard the counsels. 5. This Court is of the opinion that, against the surcharge orders passed, an appeal is available to the Petitioner under Section 76 of the Act and it would be appropriate for the Petitioner to raise the issue 4 before the Andhra Pradesh Cooperative Tribunal, rather than in this Writ Petition. 6. Therefore, this Writ Petition is disposed of, leaving it open to the Petitioner to approach the Andhra Pradesh Cooperative Tribunal. No order as to costs. As a sequel, miscellaneous petitions, pending if any, shall standclosed. ________________________ JUSTICE NYAPATHY VIJAY Date: 07.05.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 131 WRIT PETITION No.13668 of 2026 Dated:07.05.2026 chs