APHC010476632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24704/2024 Between: 1. M SANTHOSH KUMAR, S/O LATE. APPARAO AGE 35 YEARS,OCC -CHIEF MANAGER DCCB SALUR BRANCH PARVATIPURAM, MANYAM DISTRICT VIZIANAGARAM. 2. A SRINIVASA NAIDU, S/O LATE. RAMUNAIDU AGE 53 YEARS, OCC- ASST GENERAL MANAGER DCCB(L) PARVATHIPURAM VIZIANAGARAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, COOPERATIVE DEPARTMENT, ANDHRA PRADESH SECRETARIAT,VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ANDHRA PRADESH. 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWDA, KRISHNA DISTRICT. 3. THE DISTRICT COOPERATIVE OFFICER, 2 VIZIANAGARAM DISTRICT 4. THE DIVISIONAL COOPERATIVE OFFICER/ DEPUTY REGISTRAR OF COOPERATIVE SOCIETY, PARVATHIPURAM DIVISION. VIZIANAGARAM DISTRICT 5. DISTRICT COOPERATIVE CENTRAL BANK, REP BY ITS CHIEF EXECUTIVE OFFICER, PARATHIPURAM BRANCH VIZIANAGARAM 6. KRISHNAPALLI PACS LTD, REP BY ITS PRESIDENT PARVATHIPURAM DIVISION PARVATHIPURAM, VIZIANAGARAM DISTRICT. ...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 topleased to issue an Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issued final Surcharge Notice proceeding Rc.No.668/2019-C dated 18-06- 2024 against petitioners, without seeing the resolution passed by the society dated 28-06-2018 and without jurisdiction is as illegal arbitrary highhanded and violation of Articles 14, 21 of the constitution of India and consequently Suspend the Inquiry order report U/s 51 Rc.No.1/2020/KP, dated 26.02.2021 and the final Surcharge notice proceeding issued by the 2nd respondent in Rc.No.668/2019-C dated 18-06-2024 against petitioners without seeking resolution passed by the society dated 18-06-2018, and directed the respondent to re inquiry the matter properly and pass IA NO: 1 OF 2024 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 the proceeding issued by the 2nd respondent in final notice 3 Rc.No.668/2019-C dated 18-06-2024 against petitioners pending disposal of the write petition in the interest of justice and pass IA NO: 1 OF 2025 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 may be Pleased to amend the prayer in W.P.No. 24 704 OF 2024 “issue an Writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4*^ respondent in issued Surcharge Rc.No.668/2019-C proceeding dated 19-05-2025 against petitioners, without seeing the Domestic inquiry report dated 08-04-2025 and resolution passed by the society dated 28- 06-2018, without jurisdiction is as illegal arbitrary highhanded and violation of Articles 14, 21 of the constitution of India and consequently Set aside the 4th respondent Surcharge proceeding dated 19-05-2025 against petitioners, and pass IA NO: 2 OF 2025 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 may be pleased to Stay of all the proceeding issued by the 4 Surcharge Rc.No.668/2019- C date 19.05.2025 th respondent in against petitioners pending disposal of the write petition in the interest of justice and pass Counsel for the Petitioner(S): 1. CH S V SURAJ Counsel for the Respondent(S): 1. GP FOR COOPERATION The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.24704 of 2024 O R DE R: 1. When the matter is taken up for hearing, learned counsel for the Petitioners, after arguing for some time, seeks permission of this Court to withdraw the Writ Petition, with a liberty to file a fresh Writ Petition to bring subsequent developments in this case. 2. Permission is accorded. 3. Accordingly, the writ petition is dismissed as withdrawn with liberty as sought for. No order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 09.02.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 26 WRIT PETITION NO:24704/2024 Dt. 09.02.2026 chs