Andhra Pradesh High Court - Amravati
P.Balakrishnam Naidu vs The Government Of Andhra Pradesh on 13 December, 2023
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Writ Appeal No.1217 of 2023
P. Balakrishnam Naidu,
S/o Late Chinna Krishnam Naidu,
aged about 73 years, R/o Budithi Village
and Post, Sarvakota Mandal, Srikakulam District.
... Appellant
Versus
The Government Of Andhra Pradesh,
represented by its Principal Secretary,
Department of Agriculture and Cooperation,
Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District & two others.
...Respondents
Mrs. M.Vidyavathi, Counsel for the appellant.
Government Pleader for Cooperation, Counsel for Respondent Nos.1
and 2.
Dt.:13.12.2023
PER JUSTICE DHIRAJ SINGH THAKUR, CJ:
The present Letters Patent Appeal has been preferred against
the judgment and order, dated 22.11.2023, in W.P. No.19511 of
2023.
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WA.No.1217 _2023
2. The appellant/writ petitioner came to be appointed as
the Chairperson of Budithi Primary Agricultural Cooperative
Society (for short "Budithi PACS") for a period commencing from
31.01.2023 to 30.07.2023. This arrangement was terminated in
between when the Government issued G.O.Rt.No.225, dated
13.04.2023, appointing respondent No.3 in the Writ Petition as
person-in-charge of the said Society.
2.1. By virtue of order, dated 17.04.2023, respondent No.3
came to be appointed as Chairperson of the said society, which
action was challenged by the petitioner in W.P. No.11430 of 2023.
By virtue of the interim order, dated 02.05.2023, the petitioner was
directed to be continued as such Chairperson in terms of the order
of appointment, dated 31.01.2023.
2.2. During the pendency of the proceedings, order dated
06.05.2023, was issued whereby the earlier order, dated
17.04.2023 was withdrawn and the petitioner was continued as
Chairperson. Based upon the said order, W.P. No.11430 of 2023
came to be disposed of without any specific directions.
3. In the second round, the petitioner felt aggrieved by the
order, dated 01.08.2023, based upon G.O.Rt.No.558, dated
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WA.No.1217 _2023
31.07.2023, whereby respondent No.3 came to be appointed as a
Chairperson of the said Society. The grievance of the petitioner
before the writ Court was that the petitioner's arrangement could
not have been terminated in view of the earlier proceedings and
orders passed by the writ Court in W.P. No.11430 of 2023.
3.1. The writ Court came to a conclusion that the petitioner
had been appointed as Chairperson of the Society only for a period
of six months up to 30.07.2023, which period has since expired and
that it was within the prerogative of the Government to appoint a
new committee after the expiry of the said term as per Section
32(7)(a)(i) & (ii) of the Andhra Pradesh Co-operative Societies Act,
1964. The writ Court also held that respondent No.3 was appointed
as Chairperson of the Society only after the expiry of the term of
the petitioner and that the appointment of respondent No.3 was not
in conflict with any of the orders issued appointing the petitioner as
a Chairperson of the said Society.
4. We have heard the learned counsel for the appellant,
who however failed to satisfy us regarding the existence of any
right, which would entitle the appellant/petitioner to continue
beyond the period as specified in his order of appointment, which
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WA.No.1217 _2023
came to an end on 30.07.2023. We have also noticed that there is
no violation at all of any of the orders passed by the writ Court in
W.P. No.11430 of 2023.
5. The Writ Appeal lacks merit and hence, accordingly,
dismissed. No order as to costs.
Pending miscellaneous applications, if any, shall stand closed.
DHIRAJ SINGH THAKUR, CJ R. RAGHUNANDAN RAO, J
AKN
5 HCJ & RRR,J
WA.No.1217 _2023
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE R. RAGHUNANDAN RAO
Dt: 13.12.2023
AKN
