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2026 DAILYLAW 5481 (AP)

CHANNAMSETTI VENKATA RAMESH NAIDU v. THE STATE OF ANDHRA PRADESH

WP/13716/2026 · 2026-07-05

Kiranmayee Mandava

body2026

Judgment text

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Date of reserved for orders : ------------- Date of pronouncement : 06.07.2026 Date of uploading : APHC010209772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 11102, 13659, 13662, 13663, 13665, 13716 AND 13718 OF 2026 WRIT PETITION NO: 11102 OF 2026 Between: 1. MATURI SRINIVAS, S/O SRIRAM KRISHNA MURTHY , AGED ABOUT 52 YEARS OCC ASST. GENERAL MANAGER, KRISHNA DISTRICT CO-OPERATIVE CENTRAL BANK R/O. 15-221-1, SATYANARAYANAPURAM GUDIVADA, KRISHNA DISTRICT. ...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 COOPERATIVE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA-521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES, COOPERATIVE CREDIT SOCIETY LTD REP. BY ITS PRESIDENT GUDIVADA, KRISHNA 2 DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13659 OF 2026 Between: 1. YATHINDRA LAKSHMI KUMARI,, C/O. PAREPALLI SIVA RAMA KRISHNA, AGED ABOUT 43 YEARS, R/O. 19/216-B9, SRI SAI HANUMAN NILAYAM BESIDE KOTHA VANTHENA, GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH - 521301 ...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 CORNMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH. - 522006 3. THE DISTRICT COOPERATIVE OFFICER, MACHILIPAFNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13662 OF 2026 Between: 1. MEDI SETTI SAMBASIVA RAO, S/O. VENKATESWARA RAO, AGED ABOUT 54 YEARS, R/O. 14-5/2, VENKATA SAI RESIDENCY S F-1 TULUSI NAGAR 5TH LINE, KANURU, VIJAYAWADA (RURAL), KRISHNA DISTRICT, A.P., PINCODE- 520007 ...PETITIONER AND 3 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 COOPERATIVE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13663 OF 2026 Between: 1. OGIBOYINA SANDHYA, W/O. SRIHARI BALAKRISHNA, AGED ABOUT 42 YEARS, R/O. 3-94, PALLAPATIA VILLAGE, NIZAMPATNAM MANDAL, GUNTUR DISTRICT, A.P., PINCODE- 522262 ...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 COOPERATIVE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, 4 GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY, LTD REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13665 OF 2026 Between: 1. ADIRAJU SATYA VENKATA SITHA NAGA LAKSHMI, C/O. MADDIRAIA NAGA VENKATA SUDHAKAR, AGED ABOUT 39 YEARS R/O. FLATNO. 402, GOSTHANI CASTLE, BESIDE BASARA COLLEGE, THAGARAPUVALASA, VTC BHEEMUNIPATNAM, PO CHITTIVALASA, SUB DISTRICT BHEEMUNIPATNAM, VISAKHAPATNAM,A.P., PINCODE- 531162 ...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 COOPERATIVE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY, REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13716 OF 2026 Between: 1. CHANNAMSETTI VENKATA RAMESH NAIDU, C/O. CHANNAMSETTI MADHUSUDANA RAO AGED ABOUT 37 YEARS, R/O. 20/233-F1, 5 SRI LAKSHMI RESIDENCY, BETHAVOLU, GUDIVADA VILLAGE, KRISHNA DISTRICT, ANDHRA PRADESH- 521301 ...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 COOPERATIVE OFFICER, MACHILIPATNAM KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): WRIT PETITION NO: 13718 OF 2026 Between: 1. RAVURI RAJYALAKSHMI, W/O. SEGU HEMANTH KUMAR, AGED ABOUT 39 YEARS, R/O. 9-81-1, NAGOTHI VARI STREET KOMALA VILAS CENTRE, KOTHA PETA, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH. PIN CODE- 520001 ...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 6 3. THE DISTRICT COOPERATIVE OFFICER, MACHILIPATNAM, KRISHNA DISTRICT - 521002 4. THE DIVISIONAL COOPERATIVE OFFICER, GUDIVADA - 521301 5. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, GUDIVADA - 521301 6. THE GUDIVADA MUNICIPAL EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD, REP. BY ITS PRESIDENT GUDIVADA, KRISHNA DISTRICT. - 521301 ...RESPONDENT(S): Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR COOPERATION The Court made the following common order: As the issue involved in all these cases is same, it is deemed appropriate to dispose of the writ petitions by way of a ‘Common Order’. 2. Heard Sri P.Aditya Harsha Vardhan, learned counsel appearing for the petitioner(s) and learned Assistant Government Pleader for Cooperation appearing for the respondents. 3. The petitioner contends that, on account of certain alleged financial irregularities and irregularities in the disbursement of loans to the loanees by the respondent Credit Society/Bank, an inquiry was ordered under Section 51 of the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as "the Act"). Based on the report submitted by the Inquiry Officer, the surcharge proceedings were initiated against the petitioner(s) and other employees of the 6th respondent. 7 4. It is contended that, without there being any specific findings against the petitioner(s) or any liability being fixed against them, notices under Section 60(1) of the Act have been issued. The further contention of the petitioner(s) is that they are employees of the District Co-operative Central Bank and not employees of the 6th respondent-Society. 5. It is stated by the learned counsel for the petitioner(s) that, these issues have fell for consideration before the Division Bench in similar matters. The Division Bench, in its judgment dated 23.04.2026 in W.A.No.915 of 2024 and batch has set aside the surcharge proceedings, and requests that the writ petitions may be disposed of on the similar lines. 6. Considered the rival submissions. Perused the record 7. The Division Bench in its judgment rendered in W.A.No.915 of 2024 and batch has observed as follows: “16. In the present case, the appellants are either past or present officers or servants of the primary societies, who affairs had been subjected to an inquiry under Section 51 of the Act. In the present case, no material has been produced before this Court nor is the case of the authority that the appellants were persons who were entrusted with the organization, affairs or management of the society. The appellants in the present case are employees of the District Bank. They are not employees of the primary society, whose affairs were subjected to an inquiry. …………… 8 19. As observed above, an inquiry under Section 51 of the Act, is a general inquiry into the affairs of the society and there is no restriction that in the course of such inquiry, the role of outsiders cannot be gone into. Once an inquiry reveals or points that certain actions, of outsiders, have been harmful to the interest of the society and the affairs of the society, resulting in loss, for that society, it would be always open to me authorities to proceed further, on the basis of such information. This would not mean that the report submitted by the Inquiry officer is to be treated as settled fact. It would only be that the authorities, on the basis of the information available in the inquiry report, can take action, either in disciplinary proceedings or in criminal proceedings. 20. In these circumstances, these Writ Appeals are disposed of with a direction to the respondents not to take any further steps, under Section 60 of the Act, while it would still be open to the respondents to initiate such disciplinary proceedings or criminal proceedings that are thought fit. Needless to say, the appellants would have every right to rebut any allegations made against by them, in the disciplinary proceedings or criminal proceedings, if any. It is also made clear that neither this order or the judgment of the learned single Judge, shall be treated as any finding of fact and all questions of fact are left open.” 8. The petitioners in the present case are also not employees of the Primary Agricultural Cooperative Society (PACS), following the above order of the Division Bench, the Writ Petition(s) are disposed of in terms of the order in W.A.No.915 of 2024 and batch dated 23.04.2026. There shall be no order as to costs. 9 9. The Registry is directed to append a copy of the order dated 23.04.2026 in W.A.No.915 of 2024 and batch to this order. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 06.07.2026 BSK Whether the order is: Speaking ☑ Reasoned Reportable Non-reportable ☑ 10 33 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS: 11102, 13659, 13662, 13663, 13665, 13716 AND 13718 OF 2026 Date: 06.07.2026 BSK