Andhra Pradesh High Court - Amravati

Mandala Venkata Siva Rama Koti Reddy, vs The State Of Andhra Pradesh on 6 November, 2024

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)

WEDNESDAY, THE SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR

PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION Nos.13829. 23152, 13841, 14124, 14126, 14131 1

14134, 14136, 14138, 15186, 15189, 17577,

17579,I 17582,1 20253 AND 20264 OF 2023

WRIT PETITION NO: 13829 OF 2023

Between;

Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years,
Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®' Line, Extension, Vidya
Nagar, Guntur, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83,11 th Line Syamala
Nagar, Guntur, Guntur District,
3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.
2

8. The Inquiry Officer, , Perecharla PACS Ltd, Perecharla, Medikonduru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer, Sattenapalli, Palnadu District.

...Respondents

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4^^ respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioner, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the
Reddypalem Cooperative Primary Cooperative Society, Reddypalem by his
proceedings in Re. No. 704/2022-C dated 31-05-2023 and the inquiry report
submitted by the respondent No.8 in relation to the affairs of the Perecharla
Cooperative Primary Cooperative Society, Perecharla by his proceedings in
Rc. No. 706/2022-C dated 05-06-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300
A of the Constitution of India, consequently set aside the instructions given
by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil
and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 704/2022-C
dated 31-05-2023 and Rc.No. 706/2022-C dated 05-06-2023, during the
pendency of the writ petition.
3

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83,11 th Line Syamala
Nagar, Guntur, Guntur District,
3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years,
Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®* Line, Extension, Vidya
Nagar, Guntur, Guntur District.

...Petitioner/Respondent

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
3. The inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.
4. The Inquiry Officer, Perecharla PACS Ltd, Perecharla, Medikonduru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer, Sattenapalli, Palnadu District.

...Respondents/Respondents

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 to vacate the interim orders dated 14-06-2023 passed in WP.No.
13829/2022 and dismiss the writ petition.
4

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1. Nalluri Balakrishna, S/o.Basava Kutumba Rao, aged about 54 years,
Occ. Chief Manager, R/o. H.No.4-5-32/23/B, 1®* Line, Extension, Vidya
Nagar, Guntur, Guntur District.

...Respondent/Petitioner

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

3. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83,11*^ Line Syamala
Nagar, Guntur, Guntur District,

4. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The Deputy Registrar of Cooperative Societies AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

7. The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents

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 to vacate the interim orders in IA.No.1 of 2023 in WP 13829 of 2023
order dt 14-06-2023.
5

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 23152 OF 2023

Between:

Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55
years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1st Line,
Extension, Vidya Nagar, Guntur, Guntur District, Presently at C/o.
Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA
19406.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,
3. The District Co-operative Officer, Collectorate Compound, Guntur,
Guntur District.

4. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, , Guntur, Guntur District.
5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
7. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectorate Compound, Guntur, Guntur District.

...Respondents

nature of writ of mandamus declaring that the action of the respondent No.3
in directing the respondents 4 to 6 to initiate action against the petitioner
under section 60 of the ARCS Act, conditional attachment of the properties
of the petitioner under section 73 of ARCS Act 1964, to submit proposal for
sanction of prosecution against the petitioner under section 83 (3) of ARCS
Act, 1964 and to initiate disciplinary action against the petitioner, vide his
proceedings in Rc. No. 697/2022-C, dated 03-08-2023 as illegal, arbitrary,
unauthorized, against the principles of natural justice, contrary to the
provisions of the Andhra Rradesh Cooperative Societies Act, 1964, and in
violation of Articles 14 and 300 A of the Constitution of India, consequently
set aside the order in Rc.No.697/2022-C, dated 03-08-2023 passed by the
respondent No. 3.

lA NO: 1 OF 2023

Retition under Section 151 CRC praying that in the circumstances

stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the respondents 4 to 6 not to initiate civil, criminal or
disciplinary action against the petitioner in pursuance of the orders passed
by the respondent No.3 in Rc.No. 697/2022-C, dated 03-08-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between;
1. The State of Andhra Rradesh, rep.by its Rrincipal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala Nagar, Guntur,
Guntur District,

3. The District Co-operative Officer, Collectorate Compound, Guntur,
Guntur District.

4. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
...Petitioners/Respondents
7

AND

1. Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55
years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1®* Line,
Extension, Vidya Nagar, Guntur, Guntur District, Presently at C/o.
Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA
19406.

...Respondent/Petitioner

2. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

3. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

4. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar),Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectorate Compound, Guntur, Guntur District.

...Respondents

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 to vacate the interim order dated 05-09-2023 passed in lA.No.
1/2023 in WP.No. 23152/2023 and dismiss the writ petition.

lA NO: 1 OF 2024

Between:

The Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1. Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55
years, Occ. Branch Manager, R/o. H.No.4-5-32/23/B, 1st Line,
Extension, Vidya Nagar, Guntur, Guntur District, Presently at C/o.
Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA
19406.
8

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,
4. The District Co-operative Officer, Collectorate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

7. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectorate Compound, Guntur, Guntur District.

...Respondents/Respondents

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 to vacate the interim orders dated 05-09-2023 passed in lA No. 1 of
2023 in WP no. 23152 of 2023.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 13841 OF 2023

Between:

K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ.
Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata,
Vijayawada, NTR District.

...Petitioner

AND
9

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11**^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4th respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioner, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the
Penumaka Cooperative Primary Cooperative Society, Penumaka by his
proceedings in Rc. No. 719/2022-C dated 25-05-2023 and the inquiry report
submitted by the respondent No.8 in relation to the affairs of the Ippatam
Cooperative Primary Cooperative Society, Ippatam by his proceedings in
Rc.No 720/2022-C dated 27-05-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
10

Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300
A of the Constitution of India, consequently set aside the instructions given
by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil
and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 719/2022-C
dated 25-05-2023 and Rc.No. 720/2022-C dated 27-05-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND
1. K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ.
Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata,
Vijayawada, NTR District.

...Petitioner/Respondent
11

2. The Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.
3. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
4. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents/Respondents

(R2 to R5 in not necessary parties in this petition)

lA NO: 3 OF 2023

Between:

K Anka Mahendra Rao, S/o. Pakeeraiah aged about 56 years, Occ.
Manager, R/o. D.No.62-7-23A, Near Gangannamma Chettu, Patamata,
Vijayawada, NTR District.

...Petitioner

AND

1.
The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2, Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
12

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents

2023 order Dt 14/6/2023 and as such the writ petition is liable to be

dismissed.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 14124 OF 2023

Between:

Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ.
Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers, Prasanthi
Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu District.

...Petitioner

AND

#
3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu,
PedanandipaduMandal, Guntur District, The Assistant Registrar,Office
of the Sub-Divisional Cooperative Officer, Guntur, Guntur District.
8. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur
District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4*'^ respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioner, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the
Pedanandipadu Cooperative Primary Cooperative Society, Pedanandipadu
by his proceedings in Rc. No. 705/2022-C dated 23-05-2023 and in relation
to the affairs of the Kakumanu Cooperative Primary Cooperative Society,
Kakumanu by the respondent No. 8 in his proceedings in Rc. No. 670/2022-
C dated 27-05-2023 as illegal, arbitrary, against the principles of natural
justice, contrary to the provisions of the Andhra Pradesh Cooperative
Societies Act, 1964, and in violation of Articles 14, 21 and 300 A of the
Constitution of India, consequently set aside the instructions given by the
respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and
disciplinary proceedings against the petitioner.
14

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 705/2022-C
dated 23-05-2023 and Rc.No. 670/2022-C dated 27-05-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala
Nagar, Guntur, Guntur District,

3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ.
Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers, Prasanthi
Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu District.
2. ...Petitioner/Respondent

3. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
15

4. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu,
Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office
of the Sub-Divisional Cooperative Officer, Guntur, Guntur District.
5. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur
District, The Assistant Registrar, Office of the Sub-Divisional
CooperativeOfficer Guntur, Guntur District.

...Respondents/Respondents

(R2 to R4 are not necessary parties in this petition)

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 to vacate the interim orders dated; 19-06-2023 passed in
lA.No.1/2023 in WP.No.14124/2023 and dismiss the writ petition.

lA NO: 1 OF 2024

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1.
Dasari Srinivasa Rao, S/o. Subba Rao, aged about 43 years, Occ.
Assistant Manager, R/o. Flat No. 401, Sai Ganesh Towers, Prasanthi
Block, Beside APSRTC bus stand, Chilakaluripet, Palanadu District.

...Respondent/Writ Petitioner

2.
The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala
Nagar, Guntur, Guntur District,
4.
The District Collector AND Executive Magistrate, , Guntur, Guntur
District.

5.
The District Co-operative Officer, Colicctrate Compound, Guntur,
Guntur District.
16

6. The Deputy Registrar of Cooperative Socieites AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
7.
The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu,
Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office
of the Sub-Divisional Cooperative Officer, Guntur, Guntur District.
8. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur
District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents

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 to vacate the interim orders dated 19/06/2023 passed in lA No 1 of
2023 in W.P.No.14124 of 2023.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 14126 OF 2023

Between:

1. Govada Subba Rao, S/o. late Govada Koteswara Rao, aged about 55
years, Occ. Manager, R/o. 4th Line, Munuswami Nagar, Nagaralu,
Amaravathi Road, Guntur, Guntur District.
2. D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged about 54
years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9
Brodipet, Guntur, Guntur District.

...Petitioners

AND

3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District
7. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District
8. The Inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer, Sattenapalli, Palnadu District

...Respondents

Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therev\/ith, the High Court may
be pleased to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4*^ respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioners, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the

Reddypalem Cooperative Primary Cooperative Society, Reddypalem by his
proceedings in Rc. No. 704/2022-C dated 31-05-2023 and the inquiry report
submitted by the respondent No.8 in relation to the affairs of the Perecharla
Cooperative Primary Cooperative Society, Perecharla by his proceedings in
Rc. No. 706/2022-C dated 05-06-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300
A of the Constitution of India, consequently set aside the instructions given
by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil
and disciplinary proceedings against the petitioners.
18

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioners in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 704/2022-C
dated 31-05-2023 and Rc.No. 706/2022-C dated 05-06-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur,
Guntur District,

3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. Govada Subba Rao, S/o. late Govada Koteswara Rao, aged about
55 years, Occ. Manager, R/o. 4*^ Line, Munuswami Nagar, Nagaralu,
Amaravathi Road, Guntur, Guntur District.
2. D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged about
54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam,
6/9 Brodipet, Guntur, Guntur District.

3. Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District
19

4. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District
5. The Inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer, Sattenapalli, Palnadu District

...Respondents/Respondents

(R3 to R5 are not necessary parties in this petition)

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 to vacate the interim orders dated: 19-06-2023 passed in
1A.No.1/2023 in WP.No.14126/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District

...Petitioner/Respondent No.6
AND

...Respondents/Petitioners

3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
4. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur,
Guntur District,
5. The District Collector and Executive Magistrate, Guntur, Guntur District.
20

6. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
8. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District
9. The inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer, Sattenapalli, Palnadu District

...Respondents/Respondents

2023.

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 14131 OF 2023

Between:

1. Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 years, Occ.
Supervisor, R/o. D.No. 4-56, Sankurathripadu village Nadendia Mandal,
Palnadu District.

2. K. Nagaraju, S/o. Hah Babu, aged about 35 years, Occ. Supervisor,
R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village and
Mandal, Guntur District

...Petitioners

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
21

2. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11 th Line Syamala
Nagar, Guntur, Guntur District,

3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents

Phirangipuram Cooperative Primary Cooperative Society, Phirangipuram by
his proceedings in Re. No. 638/2022-C dated 03-06-2023 as illegal,
arbitrary, against the principles of natural justice, contrary to the provisions
of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation of
Articles 14, 21 and 300 A of the Constitution of India, consequently set aside
the instructions given by the respondent No. 4 to the respondents 5 and 6 to
initiate criminal, civil and disciplinary proceedings againstthe petitioners.

lA NO: 1 OF 2023

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
22

pleased to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioners in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 638/2022-C
dated 03-06-2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala
Nagar, Guntur, Guntur District,
3. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33
years, Occ. Supervisor, R/o. D.No. 4-56, Sankurathripadu village
Nadendia Mandal, Palnadu District.
2. K. Nagaraju, S/o. Hari Babu, aged about 35 years, Occ.
Supervisor, R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village
and Mandal, Guntur District

3. Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.
4. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents

(R3 7 R4 are not necessary parties in this petition)
23

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 to vacate the interim orders dated: 19-06-2023 passed in
lA.No.1/2023 in WP.No.14131/202and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1. Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 years, Occ.
Supervisor, R/o. D.No. 4-56, Sankurathripadu village Nadendia Mandal,
Palnadu District.

2. K. Nagaraju, S/o. Hari Babu, aged about 35 years, Occ. Supervisor,
R/o. D.No. 2-73, Near Vegetable Market, Prathipadu village and
Mandal, Guntur District.

...Respondents/Petitioners

3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
4. Commissioner for Cooperation AND Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala
Nagar, Guntur, Guntur District,
5. The District Collector AND Executive Magistrate, Guntur, Guntur
District.

6. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

7. The Deputy Registrar of Cooperative Socieites AND Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
8.
The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents
24

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 to vacate the interim orders in IA.no. 1 of 2023 in WP.no. 14131 of
2023 order 19-06-2023 and as such the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 14134 OF 2023

Between:

Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ.
Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu,
Mangalagiri, Guntur District.

...petitioner
AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1 Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

7. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Gurazala, Palnadu District.
25

8. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer, Sattenapalli, Palnadu District.

...Respondents

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4th respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioner, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the
Mandadam Cooperative Primary Cooperative Society, Mandadam by his
proceedings in Rc. No. 745/2022-C dated 23-05-2023 and the inquiry report
submitted by the respondent No.8 in relation to the affairs of the Nekkallu
Cooperative Primary Cooperative Society, Nekkallu by his proceedings in
Rc.No. 744/2022-C dated 29-05-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300
A of the Constitution of India, consequently set aside the instructions given
by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil
and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 745/2022-C
dated 23-05-2023 and Rc.No. 744/2022-C dated 29-05-2023, during the
pendency of the writ petition.
26

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ.
Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu
Mangalagiri, Guntur District.

...Petitioner/Respondent

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
3. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Gurazala, Palnadu District.
4. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer, Sattenapalli, Palnadu District.

...Respondents/Respondents

(R2 to R4 are not necessary parties in this petition)

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
27

pleased to vacate the interim orders dated: 19-06-2023 passed in
lA.No.1/2023 in WP.No.14134/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1. Dudekula China Kasim, S/o. Mabu, aged about 37 years, Occ.
Manager, R/o. H.No.11-949, Sramika Nagar, Ratnala Cheruvu,
Mangalagiri, Guntur District.
2.
The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala Nagar, Guntur,
Guntur District,
4. The District Collector and Executive Magistrate, Guntur, Guntur District.
5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
7. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Gurazala, Palnadu District.
8. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer, Sattenapalli, Palnadu District.

...Respondents/Respondents

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
28

pleased to vacate the interim orders in I.A.No.1 of 2023 in W.P no 14134 of

2023 order Dt 19/06/2023 and as such the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 14136 OF 2023

Between:

K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ.
Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and
Mandal, Guntur District

...Petitioner

AND

3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents
29

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 4th respondent in
issuing instructions to the respondents 5 and 6 to initiate the criminal, civil
and disciplinary proceedings against the petitioner, based on the inquiry
reports submitted by the respondent No.7 in relation to the affairs of the
Penumaka Cooperative Primary Cooperative Society, Penumaka by his
proceedings in Re. No. 719/2022-C dated 25-05-2023 and the inquiry report
submitted by the respondent No.8 in relation to the affairs of the Ippatam
Cooperative Primary Cooperative Society, Ippatam by his proceedings in
Rc.No. 720/2022-C dated 27-05-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles 14, 21 and 300
A of the Constitution of India, consequently set aside the instructions given
by the respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil
and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to slay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 719/2022-C
dated 25-05-2023 and Rc.No. 720/2022-C dated 27-05-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
30

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

6. K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ.
Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and
Mandal, Guntur District

7. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
8. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
9. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents/Respondents

(R2 to R4 are not necessary parties in this petition)

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 to vacate the interim orders dated: 19-06-2023 passed in
lA.No.1/2023 in WP.No. 14136/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
31

AND

1. K Rama Mohan Rao, S/o.Ratnam aged about 56 years, Occ.
Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and
Mandal, Guntur District.

...Respondent/Petitioner

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur,
Guntur District,
4. The District Collector and Executive Magistrate, Guntur, Guntur District.
5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Sattenapalli, Palnadu District.
8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli
Mandal, Guntur District, The Assistant Registrar, Office of the Sub-
Divisional Cooperative Officer Repalle, Bapatia District.

...Respondents/Respondents

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 to vacate the interim orders in LA no 1 of 2023 in W.P no 14136 of
2023 order Dt 19-06- 2023 and as such the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents; GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI
32

WRIT PETITION NO: 14138 OF 2023

Between:

Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged
about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road,
Nudurupadu, Phirangipuram Mandal, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11^'^ Line Syamala Nagar, Guntur,
Guntur District,

3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

7. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents

Phirangipuram Cooperative Primary Cooperative Society, Phirangipuram by
33

his proceedings in Rc. No. 638/2022-C dated 03-06-2023 as illegal,
arbitrary, against the principles of natural justice, contrary to the provisions
of the Andhra Pradesh Cooperative Societies Act, 1964, and in violation of
Articles 14, 21 and 300 A of the Constitution of India, consequently set aside
the instructions given by the respondent No. 4 to the respondents 5 and 6 to
initiate criminal, civil and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to stay of all further proceedings contemplating to initiate criminal,
civil and disciplinary action against the petitioner in pursuant to the orders
passed by the respondent No. 4 by his proceedings in Rc.No. 638/2022-C
dated 03-06-2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between:
1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND
1.
Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged
about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road
Nudurupadu, Phirangipuram Mandal, Guntur District.

...Petitioner/Respondent
34

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
3. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents

(R2 & R3 are not necessary parties in this petition)

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 to vacate the interim orders dated: 19-06-2023 passed in
lA.No.1/2023 in WP.No.14138/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner

AND

1. Mandala Venkata Siva Rama Koti Reddy, S/o. Sangi Reddy, aged
about 55 years, Occ- Chief Manager, R/o. Sai Sadan Bypass Road,
Nudurupadu, Phirangipuram Mandal, Guntur District.

...Respondent/Petitioner

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11**^ Line Syamala Nagar, Guntur,
Guntur District,
4. The District Collector and Executive Magistrate, Guntur, Guntur District.
5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.
35

#
6. The Deputy Registrar of Cooperative Socieites and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.
7. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
8. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram,
Palnadu District, The Assistant Registrar, Office of the Sub-Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents

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 to vacate the interim orders in I.A.No. 1 of 2023 in W.P no 14138 of
2023 order Dt 19/06/2023 and as such the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 15186 OF 2023

Between:

K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ.
Assistant General Manager, R/o. Door No. 6-10-627, 1®' Lane, Ali
Nagar, Old Guntur, Guntur, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, , Guntur, Guntur
District.
36

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents

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 to issue a writ order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the respondent in
issuing directions to the respondents 5 and 6 to initiate the criminal, civil and
disciplinary actions against the petitioner, based on the inquiry report
submitted by the respondent No.7 in relation to the affairs of the Ippatam
Cooperative Primary Cooperative Society, Ippatam by his proceedings in
Rc. No. 720/2022- C dated 27-05-2023 as illegal, arbitrary, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles 14 and 300 A of
the Constitution of India, consequently set aside the directions given by the
respondent No. 4 to the respondents 5 and 6 to initiate criminal, civil and
disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 to stay of all further proceedings in pursuance of the orders passed
by the 4'^ respondent in Rc.No. 720/2022-C dated 27-05-2023, during the
pendency of the writ petition.
37

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,

3. The District Collector and Executive Magistrate, , Guntur, Guntur
District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Collectrate Compound, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ.
Assistant General Manager, R/o. Door No. 6-10-627, 1®* Lane, Ali
Nagar, Old Guntur, Guntur, Guntur District.

...Petitioner/Respondent

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

3. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal,
Guntur District, The Assistant Registrar, Office of the Divisional
Cooperative Officer Guntur, Guntur District.

...Respondents/Respondents

(R2 & R3 are not necessary parties in this petition)
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 to vacate the interim orders dated: 06-07-2023 passed in
lA.No.1/2023 in WP.No.15186/2023 and dismiss the writ petition.
38

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent
AND

1. K Srinivasa Rao, S/o. Chinna Venkaiah aged about 54 years, Occ.
Assistant General Manager, R/o. Door No. 6-10-627, Lane, AN
Nagar, Old Guntur, Guntur, Guntur District.

...Petitioner/Respondent

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,
4. The District Collector and Executive Magistrate, , Guntur, Guntur
District.

5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

...Respondents

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 to vacate the interim orders dated 06-07- 2023 passed in I.A.No.
1/2023 in WP.No. 15186/2023.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY
39

Counsel for the Respondents: GP FOR AGRICULTURE

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 15189 OF 2023

Between:

M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ.
Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy
Homes, Palakaluru Road, Guntur, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Tenali, Guntur District.
6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
7. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu
Mandal, Guntur District, The Assistant Registrar, Office of the District
Cooperative Officer Guntur, Guntur District

...Respondents

disciplinary actions against the petitioner, based on the inquiry report
submitted by the respondent No.7 in relation to the affairs of the Kakumanu
Cooperative Primary Cooperative Society, Kakumanu by his proceedings in
Rc. No. 670/2022-C dated 27-05-2023 as illegal, arbitrary, against the
principles of natural justice, . contrary to the provisions of the Andhra

Pradesh Cooperative Societies Act, 1964, and in violation of Articles 14 and
300 A of the Constitution of India, consequently set aside the directions
given by the respondent No. 4 to the respondents 5 and 6 to initiate criminal,
civil and disciplinary proceedings against the petitioner.

lA NO: 1 OF 2023

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 be pleased to stay of all further proceedings in pursuance of the
orders passed by the 4'^ respondent in Rc.No. 670/2022-C dated 27-05-
2023, during the pendency of the writ petition.

lA NO: 2 OF 2023

Between;

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Collector and Executive Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Tenali, Guntur District.

...Petitioners/Respondents
AND
41

1. M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ.
Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy
Homes, Palakaluru Road, Guntur, Guntur District.
2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
3. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu
Mandal, Guntur District, The Assistant Registrar, Office of the District
Cooperative Officer Guntur, Guntur District

...Respondents/Respondents

(R2 & R3 are not necessary parties in this petition)

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 to vacate the interim orders dated: 06-07-2023 passed in
lA.No.1/2023 in WP.No. 15189/2023 and dismiss the writ petition.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.6
AND

1. M Naganath Rao, S/o. Dasaratha Rao, aged about 50 years, Occ.
Assistant General Manager, R/o.Flat No. C-114, Jana Chaitanya Happy
Homes, Palakaluru Road, Guntur, Guntur District.

...Petitioner/Respondent
2.
The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, if'' Line Syamala Nagar, Guntur,
Guntur District,
4. The District Collector and Executive Magistrate, Guntur, Guntur District.
42

5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Tenali, Guntur District.
7. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu
Mandal, Guntur District, The Assistant Registrar, Office of the District
Cooperative Officer Guntur, Guntur District

...Respondents

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 to vacate the interim orders dated 06-07-2023 passed in lA.No.
1/2023 in WP.No. 15189/2023.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR AGRICULTURE

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 17577 OF 2023

Between:

K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy
General Manager, GDCC Bank, R/o. H. No. 10-66-3, HUDA Plots,
Chenchupet, Tenali, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur,
Guntur District,
3. The Collector and District Magistrate, , Guntur, Guntur District.
43

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

8. E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

9. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents

respondent in issuing instructions to the respondents 4 to 6 to initiate the
criminal, civil and disciplinary actions against the petitioner, based on the
inquiry report submitted by the respondent No.8 in relation to the affairs of
the seven (7) Primary Agricultural Cooperative Societies and Prathipadu
Branch of the 5th respondent Bank vide his proceedings in Rc. No.

Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent No. 3 in
44

instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary
proceedings against the petitioner.

lA NO: 1 OF 2023

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 to direct the respondents 4 to 6 not to take any criminal, civil or
disciplinary action against the petitioner in pursuance of the orders passed
by the 3"'^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
3. The Collector and District Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

...Petitioner/Respondent
AND

1. K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy
General Manager, GDCC Bank, R/o. H. No. 10-66-3, HUDA Plots,
Chenchupet, Tenali, Guntur District.

...Petitioner/Respondent

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
45

3. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

4. E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

5. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years,
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents/Respondents

(R2 to R5 are not necessary parties in this petition)

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 to vacate the interim orders dated: 18-07-2023 in lA.No.1/2023 in
WP.No.17577/2023 and dismiss the writ petition.

lA NO: 1 OF 2024

Between:

The Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.

...Petitioner/Respondent No.5
AND

1. K Jayalakshmi, W/o. B. Ramesh, aged about 47 years, Occ. Deputy
General Manager, GDCC Bank, R/o. H.No.10-66-3, HUDA Plots,
Chenchupet, Tenali, Guntur District.

...Respondents/Writ Petitioner

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
4. The Collector and District Magistrate, Guntur, Guntur District.
46

5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
8. E. Ratnavathi, The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

9. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents/Respondent

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 to vacate the interim orders dated 18/07/2023 passed in IA.No.1 of
2023 in W.P. No 17577 of 2023.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR AGRICULTURE

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 17579 OF 2023

Between:

G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst.
Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu
Village, Prathipadu Mandal, Guntur District

...Petitioner

AND
47

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,

3. The Collector and District Magistrate, Guntur, Guntur District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

8. E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

9. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years,
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents

509/2022-C1, dated 08-07-2023 as illegal, arbitrary, unauthorised, against
the principles of natural justice, contrary to the provisions of the Andhra
Pradesh Cooperative Societies Act, 1964, and in violation of Articles 14 and
300 A of the Constitution of India, consequently set aside the order in
Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent No. 3 in
instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary
proceedings against the petitioner.

lA NO: 1 OF 2023

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 to direct the respondents 4 to 6 not to take any criminal, civil or
disciplinary action against the petitioner in pursuance of the orders passed
by the 3'''^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,

3. The Collector and District Magistrate, Guntur, Guntur District.

4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

...Petitioners/Respondents
AND
49

1. G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst.
Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu
Village, Prathipadu Mandal, Guntur District.

...Petitioner/Respondent

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

3. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

4. E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

5. D. M. Rama Rao, S/o. not known to the petitioner, Aged about 80 years,
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents/Respondents

(R2 to R4 are not necessary parties in this petition)

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 to vacate the interim orders dated: 18-07-2023 passed in
lA.No.1/2023 in WP.No. 17579/2023 and dismiss the writ petition.

lA NO: 1 OF 2024

Between:

The Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.

...Petitioner/Respondent No.5
AND

1. G. Srinivasa Rao, S/o. Venkateswarlu, aged about 51 years, Occ. Asst.
Manager/Supervisor GDCC Bank, R/o. D.No. 2-163/A, Prathipadu
Village, Prathipadu Mandal, Guntur District.

...Respondent/Writ Petitioner
50

2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

3. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,
4. The Collector and District Magistrate, Guntur, Guntur District.
5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,
7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
8. E. Ratnavathi, / The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

9. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years,
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents

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 to vacate the interim orders dated 18/07/2023 passed in IA.No.1 of
2023 in WP No. 17579 of 2023.

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR AGRICULTURE

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI
51

WRIT PETITION NO: 17582 OF 2023

Between:

1. D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ. Manager
GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar, Guntur,
Guntur District.

2. T. Brahmeswari, W/o. M.V. Koteswara Rao, aged about 29 years, Occ.
Manager GDCC Bank, R/o. D.No. 8-84, Gottipadu village, Prathipadu
Mandal, Guntur District.
3. Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged about 59 years,
Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village,
Prathipadu Mandal, Guntur District.

...Petitioners

AND
1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur,
Guntur District.

3. The Collector and District Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
8. E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

9. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80 years,
Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents
52

Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therev\/ith, the High Court may
be pleased to issue a Writ or order or direction more particularly one in the
nature of writ of mandamus declaring that the finding given by the 8th
respondent that the petitioners are abettors to the accused delinquents is
arbitrary, illegal and based on no evidence and the action of the 3rd
respondent in issuing instructions to the respondents 4 to 6 to initiate the
criminal, civil and disciplinary actions against the petitioners, based on the
inquiry report submitted by the respondent No.8 in relation to the affairs of
the seven (7) Primary Agricultural Cooperative Societies and Prathipadu
Branch of the 5*'^ respondent Bank vide his proceedings in Rc. No.

Rc.No.509/2022-C1, dated 08-07-2023 passed by the respondent No. 3 in
instructing the respondents 4 and 6 to initiate criminal, civil and disciplinary
proceedings against the petitioners.

lA NO: 1 OF 2023

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 to direct the respondents 4 to 6 not to take any criminal, civil or
disciplinary action against the petitioners in pursuance of the orders passed
by the 3'^^ respondent in Rc.No. 509/2022-C1, dated 08-07-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary,
Agriculture and Cooperation Department, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District.
53

2. Commissioner for Cooperation and Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11**" Line Syamala
Nagar, Guntur, Guntur District.
3. The Collector and District Magistrate, Guntur, Guntur District.
4. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

...Petitioners/Respondents
AND

1. D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ.
Manager GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar,
Guntur, Guntur District.
2. T. Brahmeswari, W/o. M.V. Koteswara Rao, aged about 29 years,
Occ. Manager GDCC Bank, R/o. D.No. 8-84, Gottipadu village,
Prathipadu Mandal, Guntur District.
3. Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged about 59
years, Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village,
Prathipadu Mandal, Guntur District.

...Petitioners/Respondents

4. Chief Executive Officer, The Guntur District Cooperative Central
Bank Limited, Guntur, Guntur District.
5. The District Cooperative Audit Officer, Syamala Nagar, Guntur,
Guntur District,
6. E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer),
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur,
Guntur District.

7. D. M. Rama Rao, S/o. not known to the petitioner. Aged about 80
years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street,
Nagaralu, Amaravathi Road, Guntur, Guntur District.

...Respondents/Respondents

(R4 to R7 are not necessary parties in this petition)
54

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 to vacate the interim orders dated: 18-07-2023 in lA.No.1/2023 in
WP.No.17582/2023 and dismiss the writ petition.

lA NO: 1 OF 2024

Between:

Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

...Petitioner/Respondent No.5
AND

1. D Aruna Kumari, W/o. P. Sudheer, aged about 41 years, Occ. Manager
GDCC Bank, R/o.H.No. 8-10-205/B, 1st Lane, Nehru Nagar, Guntur,
Guntur District.

...Respondents/Petitioners

4. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

5. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, Line Syamala Nagar, Guntur,
Guntur District,
6. The Collector and District Magistrate, Guntur, Guntur District.
7. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

8. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

9. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
55

10. E. Ratnavathi / The Inquiry Officer(Divisional Cooperative Officer)
Prathipadu and 7 Primary Agriculture Cooperative Societies, O/o.
Divisionsal Coopeative Officer, Collectrate Compound, Guntur, Guntur
District.

11. D. M. Rama Rao, S/o. not kno\A/n to the petitioner. Aged about 80
years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu,
Amaravathi Road, Guntur, Guntur District.

...Respondents/Respondents

W.P no 17582 of 2023 and as such the writ petition is liable to be dismissed.

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR AGRICULTURE

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

WRIT PETITION NO: 20253 OF 2023

Between:

K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy
General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave,
Sultanabad, Tenali, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 1Line Syamala Nagar, Guntur,
Guntur District,
3. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.
56

4. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectrate Compound, Guntur, Guntur District.

...Respondents

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 to issue a Writ or order or direction more particularly one in the
nature of writ of mandamus declaring that the action of the respondent No.3
in directing the respondent No. 5 to take action against the petitioner under
section 60 of the APCS Act and directing the Respondent No. 6 to initiate
disciplinary action against the petitioner, based on the inquiry report
submitted by the respondent No.7 in relation to the affairs of the Gorantia
Primary Agricultural Cooperative. Society, vide his proceedings in Rc. N
697/2022-C, dated 03-08-2023 as illegal, arbitrary, unatithorised, against the
principles of natural justice, contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964, and in violation of Articles .14 and 300 A of
the Constitution of India, consequently set aside the order in

Rc.No.697/2022-C, dated 03-08-2023 passed by the respondent No. 3.

lA NO: 1 OF 2023

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 to direct the respondents Sand 6 not to take any action under
section 60 of APCS Act and initiate disciplinary action against the petitioner
in pursuance of the orders passed by the respondent No.3 in R.c.No.

697/2022-C, dated 03-08- 2023, during the pendency of the writ petition.
57

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

4. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District.

...Petitioners/Respondents
AND

1. K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy
General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave,
Sultanabad, Tenali, Guntur District.

...Respondent/Petitioner

2. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
3. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectrate Compound, Guntur, Guntur District.

...Respondents/Respondents

(R2 & R3 is not necessary parties in this petition)

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 to vacate the interim order dated:09-08-2023 in WP.No.20253/2023
and dismiss the writ petition.
58

lA NO: 3 OF 2023

Between:

K Madhavi, W/o. E. Surya Narayana, aged about 52 years, Occ. Deputy
General Manager of GDCC Bank, R/o. Flat No. 113, Sivam Enclave,
Sultanabad, Tenali, Guntur District.

...Petitioner

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala Nagar, Guntur,
Guntur District,
3. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

4. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.
7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectrate Compound, Guntur, Guntur District.

...Respondents

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 to vacate the interim orders dated 09-08-2023 passed in I.A.No.
1/2023 in WP.No.20253/2023 and dismiss the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI
59

WRIT PETITION NO: 20264 OF 2023

Between:

1. G Subba Rao, S/o. late G. Koteswara Rao, aged about 55 years, Occ.
th
Supervisor, R/o. H.No. 11-936/1, Munuswamy Nagar, 4 Lane.
Nagaralu, Guntur, Guntur District.
2. G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ.
Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal, Guntur
District

...Petitioners

AND

1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture
and Cooperation Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative Societies,
Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur,
Guntur District,

3. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

4. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur
District,

5. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.

6. Chief Executive Officer, The Guntur District Cooperative Central Bank
Limited, Guntur, Guntur District.

7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectrate Compound, Guntur, Guntur District.

...Respondents

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 to issue a writ, order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 3'^'^ respondent in
60

authorizing the 4'^ respondent for recovery of the specified amount of
th
Rs.1,93,43,773/- as recommended by the 7 respondent from the
petitioners, to initiate conditional attachment of the properties of the
petitioners under Section 73 of the A.P.C.S Act, 1964 directing the
respondent No.5 to submit proposals for sanction prosecution against the
petitioners as mentioned in the Section 51 Inquiry Report under Section 83
(3) of the A.P.C.S Act, 1964 directing the respondent No.6 to initiate

necessary disciplinary action against the petitioners, based on the inquiry
report submitted by the respondent No.7 by his order in Rc.No.697/2022-C1,
dated 03-08-2023 as illegal, arbitrary, unauthorized against the principles of
natural justice, contrary to the provisions of the Andhra Pradesh

Cooperative Societies Act, 1964, and in violation of Articles 14 and 300 A of
the Constitution of India, consequently set aside the order passed by the
respondent No. 3 in Rc.No.697/2022-C, dated 03-08-2023.

lA NO: 1 OF 2023

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 to direct the respondents 4 to 6 not to take any criminal, civil or
disciplinary action against the petitioners in pursuance of the orders passed
by the 3''^ respondent in Rc.No. 697/2022-C, dated 03-08-2023, during the
pendency of the writ petition.

lA NO: 2 OF 2023

Between:

1. The State of Andhra Pradesh, rep.by its Principal Secretary,
Agriculture and Cooperation Department, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District.

2. Commissioner for Cooperation and Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala
Nagar, Guntur, Guntur District,
61

Gunt
3. The District Co-operative Officer, Collectrate Compound,
Guntur District.

4. The District Cooperative Audit Officer, Syamala Nagar, Guntur,
Guntur District.
and Divisional Co-
5 The Deputy Registrar of Cooperative Societies
opLtive Officer, Guntur, Guntur District. ...Petitioners

AND

Nagaralu, Guntur, Guntur District.
2. G.

Guntur District.
...Respondents/Petitioners
District Cooperative Central
3 Chief Executive Officer, The Guntur
Bank Limited. Guntur, Guntur District. Gorantla
4, P. Jayanthi Devi/ The
Primary Agriculture Coop Q^ntur Guntur District.
Officer, Collectrate Compound, Guntur, i:.uniu
...Respondents/Respondents

(R3 & R4 are not necessary parties in this petition)
ina that in the circumstances
Petition under Section 151 CPC praying .
, the High Court may be
stated in the affidavit filed in support of the petition WP.No.
the interim order dated 09-08-2023 in
pleased to vacate
20264/2023 and dismiss the writ petition.
ian10:3 0F 202_3

Between:
Cooperative Central Bank
Chief Executive Officer The Guntur District
Limited, Guntur, Guntur District.
...Petitioner/Respondent No.6
62

AND

1. G Subba Rao, S/o. late G. Koteswara Rao, aged about 55 years
Occ. Supervisor, R/o. H.No. 11-936/1, Munuswamy Nagar, 4*'^ Lane
Nagaralu, Guntur, Guntur District.
2. G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years,
Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal,
Guntur District.

...Respondents/Petitioners

3. The State of Andhra Pradesh, rep.by its Principal Secretary,
Agriculture and Cooperation Department, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District.
4. Commissioner for Cooperation and Registrar of Co-operative
Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala
Nagar, Guntur, Guntur District,
5. The District Co-operative Officer, Collectrate Compound, Guntur,
Guntur District.

6. The District Cooperative Audit Officer, Syamala Nagar, Guntur,
Guntur District,

7. The Deputy Registrar of Cooperative Societies and Divisional Co
operative Officer, Guntur, Guntur District.
8. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia
Primary Agriculture Cooperative Society, O/o. Divisional Cooperative
Officer, Collectrate Compound, Guntur, Guntur District.

...Respondents/Respondents

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 to vacate the interim orders in I.A.No.1 of 2023 in W.P.No.20264 of
2023 order dt. 09-08-2023 and as such the writ petition.

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

Counsel for the Respondents: GP FOR COOPERATION

Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

The Court made the following common order:
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

WRIT PETITION Nos.13829. 23152, 13841. 14124. 14126. 14131
14134, 14136. 14138, 15186, 15189. 17577.
17579, 17582, 20253 AND 20264 OF 2023

COMMON ORDER:

The present Writ Petitions are filed under Article 226 of the

Constitution of India and since the issue in all the Writ Petitions is

similar, they are being disposed of by this common order.

2. The batch of Writ Petitions are filed to issue a writ order or

direction more particularly one in the nature of writ of mandamus to «

declare the inquiry conducted under Section 51 of the Andhra Pradesh

Cooperative Societies Act, 1964 (for short, 'the Act 1964') by the

respondent No.8, i.e.. Inquiry Officer/Assistant Registrar, Office of the

Sub-Divisional Cooperative Officer, in the affairs of the Primary

Agricultural Cooperative Society, and the consequential proceedings

Rc.No.706/2022-C dated 05.06.2023, as illegal, arbitrary and against

the principles of natural justice and also contrary to the provisions of the

Andhra Pradesh Cooperative Societies Act, 1964 (for short, 'the Act

1964'), and also in violation of Articles 14, 21 and 300A of the

Constitution of India and, consequently, prayed to set aside the

instructions given by the respondent No.4 to the respondents 5 and 6 to

initiate criminal, civil and disciplinary proceedings against the petitioner.

CONTENTS OF INQUIRY REPORT:

3. An enquiry under Section 51 of the'Act 1964 was conducted into

the affairs of Reddypalem Primary Agricultural Cooperative Society and

other Primary Agricultural Cooperative Societies. As seen from the

impugned order dated 31.05.2023, the Deputy Registrar of Cooperative

Societies and Divisional Cooperative Officer, who conducted periodical

inspection of the Primary Agricultural Cooperative Society (PACS) for

the period from 01.04.2021 to 30.09.2021, and observed that fake loans

were granted and submitted preliminary report stating that they have

identified certain irregular loans issued by the petitioners and

recommended for inquiry under Section 51 of the Act 1964.

4. Accordingly, the 4*'^ respondent-District Cooperative Officer,

Guntur, ordered an inquiry under Section 51 of the Act 1964 into the

affairs of the Reddypalem PACS and other PACSs.

5. As seen from the inquiry report, which is impugned in the present

Writ Petition that it conveys or transpires or communicate that the Chief

Executive Officer of the Society recorded in the minutes that the

petitioners'-herein have granted membership, as if the meeting was

conducted for issuance of the membership and on the same day, loans

were granted to the said members and the committee members have

not signed on the minutes, but at the same time, the three member

Managing Committee signed on the loan filed which are quite irregular.

And out of granting loans to 55 members, only 50 members taken CC &

KCC to a tune of Rs.2,99,00,000/- leaving 5 fake members as balance

and the said loans were granted contrary to the circulars issued by the

Administrative Office, while sanctioning loans .without identifying the

members by way of field inspection by the Manager, Supervisor and

Chief Executive Officer of the Society and after conducting the field

inspection, a certificate shall be appended to the loan file, then only the

petitioners have to sanction the loan amount and the same was

deviated by the Managers, Supervisors and Chief Executive Officer.

6. It is also asserted in the inquiry report that the bank officials also

opened the SB accounts to the fake members without verifying the

Aadhar and PAN cards which resulted the misappropriation of funds

towards benami loans. More so, the Bank Managers as well as

Supervisors, CEOs have not followed the cash credit circulars issued by

the Administrative Office and the Inquiry Officer also opined that if the

bank officials followed the circular issued by the Administrative Office

they'can also stop payments, but in this aspect, they were colluded with

the delinquents.

7. In this connection, the revenue officials are also mainly colluded

with the fake members for exhibiting and uploading fake mutations with

RSR does not follow the guidelines of the Chief Commissioner of the

Land Administration in which CCLA's Circular No.LR.il/ROR2/7128/

2016 dated and G.O.Ms.No.271 of Revenue Department dated

01.07.2016, where the Government of Andhra Pradesh issued to all the

Tahsildars and District'Collectors and all the connected persons those

who are authorized to conduct mutations in connection with the sale.

gift, partition, etc. And out of 50 cases of benami loans, 45 cases were

relating to Machavaram Mandal and the rest of 5 cases relating to

Bellamkonda Mandal uploading directly the names of fake members into

the web land without having survey numbers and extent and the dates

of uploading and deletion, if any, those who caused for the above

lapses.

8. The Inquiry Officer also reported that in connection with the Sub

Registrar's Office, out of 50 fake members, the mortgage registration

was done in favour of the fake members only 40 members and SROs t

found the'said survey numbers in the web land at that time, but in

respect of 10 fake loans, Piduguralla Sub-Registrar informed that the

mortgage registrations as well as encumbrance certificates were

registered in favour of fake lonees and found to be fake mortgaged

bonds and fake encumbrance certificates.

9. Basing upon the inquiry report, the Joint Registrar, District

Cooperative Officer, vide proceedings in Rc.No.706/2022-C dated

05.06.2023, has directed to initiate civil, criminal and disciplinary

proceedings against the petitioners herein.

CONTENTIONS OF THE WRIT PETITIONERS AS PER THE AFFIDAVIT:

10. Assailing the said inquiry report dated 31.05.2023 under Section

51 of the Act 1964 and the proceedings of the Joint Registrar dated

05.06.2023, directing to initiate civil, criminal and disciplinary action

against the petitioners, the present Writ Petition are filed on the ground

that the petitioners are not the employees of the respective PACSs and

the petitioners are not responsible for the loss caused to the said

th societies and the petitioner did not violate any rules in force and the 4

respondent-District Cooperative Officer has no power or authority or

jurisdiction to give instructions to the Deputy Registrar of Cooperative

%

Officer, who is arrayed as 5 Societies and Divisional Cooperative Guntur District Cooperative Chjef Executive Officer respondent, and the 6^*^ responderit to initiate civil, Central Bank Limited, who is arrayed as and the finding of ion against the petitioners criminal and disciplinary action _ colluded with the Management the inquiry officer that the bank officials societies is is false and baseless Chief Executive Officer of the respective is not able to irv officer that the petitioner and the finding of inquiry but violation of Aadhar and pan cards is nothing technically check-up to time and the Bank of India from time circulars issued by the Reserve nearest mee-seva to check-up in the has not preferred petitioner no evidence.

unreasonable and based on kendram is misconceived in fact, e-KYC is is not available with the

11. And further contended that in obligation on the in is no circular in force which imposes an bank and there is of the agricultural land which is Manager to conduct field inspection which has been mortgaged to pads before disbursing the amount favour of the concerned PACS m sanctioned and granted by the officials of the bank is no obligation cast upon the members and there is of the land which was mortgaged in favour of the for physical verification PACS and the for the loan granted by the respective societies of the bank in surcharge proceedings ; issued against the employees

pursuanMo the report submitted by the inquiry officer under Section 51 of the'' Act 1964 is without jurisdiction, as per the orders in

W.P.Nos.22815, 22828 and 228209 of 2009 of the common High Court and the conjoint reading of relief of Sections 59 and 60 of the Act 1964 makes it clear that the surcharge proceedings cannot be taken against non-employees, non-office bearers or non-members of the society and the action taken against the employees of the bank or held to be without jurisdiction. In order to attract Section 60 of the Act 1964 there must be a loss caused to the bank and the loss caused go the society cannot be

a cause of action for proceeding against the employees of the bank.

12. Though the employees of the bank are connected with the

process of sanctioning loans and the bank itself is a society, no action can be taken against the employee of the another society 'Bank' in

respect of irregularities committed in a society. Managers of the respective branches have verified the title deeds passbooks, 1-B, E.C.

Adangal and also the mortgage deed executed by the member of the society in favour of the society and then only the loans were disbursed. The allegation against the petitioner and other persons who obtained loans from the PACSs have colluded with the CEOs and Managing Commffte.es of the respective PACSs is false, baseless and

misconceived. Hence, prayed to set aside the impugned enquiry under \

Section 51 of the Act 1964 dated 31.05.2023 and the consequential

order for initiating civil, criminal and disciplinary proceedings dated

05.06.2023.

13. To substantiate their contentions raised in the affidavits filed in

support of the Writ Petitions, learned counsel appearing for the

petitioners in all the Writ Petitions, relied on the following judgments:

(1) K.Satyanarayana and others v. A.P. Co-operative Tribunal Visakhapatnam, Visakhapatnam and others^ for the proposition that though the employees of the bank are connected in the process of sanction of the loans and the bank itself is a society, no action can be taken against the employees of another Society, "Bank" in respect of the irregularities committed in a Society.

(2) Dr. V.K. John v. G.Vasantha Pai and another^, to explain the meaning of "Circular".

(3) Co-operative Marketing Society, Anakapalle v. Pentakotia Sriramulu^, for the proposition that in order to attract its applicability, it is necessary that either an audit under Section 37 or an inquiry under Section 38 or an inspection under

'2018(1)ALD555 ^ AIR 1957 Madras 320 ^ 1960(1) ALT 102 (D.B.)

Section" 39I should disclose that persons in management have'' Imisappropriated funds, then only the persons concerned would be surcharged under this Section.

Tribunal, Hyderabad and (4) S Balappa v. Co-operative within the others^ for the proposition that ot bring a case that any person who scope of Section 60, it shouid appear has taken part in the management of the society or any past has misappropriated or or present officer of the society other property or has fraudulently retained any money or relation to the society and it been guilty of breach of trust in of the audit or enquiry or in must also appear in the course an inspection or on the winding up of a society, the said amount had fallen due to be recovered from the concerned person.

                                                      TO R3           AS PER
rnNiTFNTIONS OF
                      r^nx/PRMMENT PLEADER_FOR_Rl
THF COUNTER:

the contentions raised by the writ petitioners,

14. Repelling learned Government Pleader, respondents 1 2 3 and 5, through the Chief Executive Officers of the filed their counter and stated that the to the persons \A/ho are not respective PACSs had issued irregular loans the area of operation of the PACSs by holding agricultural land i in

19 of the Act 1964, as violating bye-law No.6 of the society and Section

" 2005 (2) ALT 137 (S.B.)

% such, ah inquiry was ordered under Section 51 of the Act 1964 into the

affairs of the PACS to conduct a detailed inquiry and to fix-up the

responsibility.

15. The 5^'^ respondent-Deputy Registrar of Cooperative Societies

and Divisional Cooperative Officer recommended to order an inquiry

under Section 51 of the Act 1964 basing on the findings of the

Inspection Officer/Senior Inspector, Periodical Inspection Officer, Office

of the Sub Divisional Cooperative Officer, Guntur, the Chief Executive

Officer, Perecherla PACS Limited, the four members had sanctioned

eight benami KCC and CC loans for Rs. 18,00,000/-, the Manager and

Supervisor opened SB accounts in the branch concerned in favour of

the fake borrowers without following the KYC norms and without

insisting about the evidence produced, i.e., Aadhar and PAN cards) is

quite irregular. And the petitioners have not acted as per the guidelines/

circular instructions issued by the GDCC Bank Limited, Guntur, for

sanction and disbursement of loans.

16. Learned Government Pleader would further submit that Circular

No.BKG/KYC/F.No.269/2021-22 dated 03.12.2021 on the KYC

Guidelines is issued to protect the financial system against threat of

money laundering/terror financing and frauds. Circular instructions in

ADM.F.No.1111/2019-20 dated 31.05.2019 point No.8 says that u :

in

case of'disbiirsement of loans to new members, supervisor has to visit

the residence of the member and assess his capacity to repay the loan

amount, then only he has to recommend for sanction of the loan.

Further in case of sanction loan more than Rs. 1,00,000/-, the Branch

Supervisor, Branch Manager has to conduct field inspection along with

the Chief Executive Officer of the Society."

17. Hence, the contention of the petitioner that he has not violated the

prevailing guidelines in disbursement of loans and the findings of the

Inquiry Officer that the bank officials colluded with the Management,

Chief Executive Officer of the respective societies is false and baseless

is not correct.

18. And it is also stated that as per the G.O.Ms.No.34, Food and

Agriculture (Coop.IV) dated 16.01.1989, the appointment of the Inquiry

Officer under Section 51 of the Act 1964 in respect of PACS has been

delegated to the District Cooperative Officer. Accordingly, he District

Cooperative Officer, Guntur ordered inquiry under Section 51 of the Act

1964 into the affairs of the Reddypalem PACS and Perecherla through

proceeding Rc.No.704/2022-C, dated 16.03.2022 and Rc.No.706/2022 -

f C dated 16.03.2022 respectively on the recommendations of the

Divisional Cooperative Officer, Guntur.

19. It is also stated that there are similar misappropriation cases

including this, in 17 PACSs have been happened and inquiries under

Section 51 of the Act 1964 were conducted and inquiry reports

submitted by the Inquiry Officer revealed that sanctioned and disbursed

for an amount of Rs10.68 crores of benami loans to 184 fake members

by opening SB accounts in branches by 25 bank employees. Hence

prayed to dismiss all the Writ Petitions.

20. Learned Government Pleader appearing for respondents 1, 2, 3

and 5 relied on the following judgments:

(1) LN.Peta Primary Agricultural Cooperative Society v. The Government of Andhra Pradesh, rep. by its Principal Secretary, Cooperative Societies Department, Secretariat Buildings, Hyderabad and others^, for the proposition that the Court in exercise of discretionary jurisdiction under Article 226 of the Constitution of India shall not prevent an inquiry intended to be held for unearthing fraud, if any, allegedly committed in disbursement of pubic money and the same cannot be allowed to be kept based on technicalities.

'(2015) 1 ALD253

(2) Araja Narasimha Rao v. District Cooperative Officer/Joint Registrar Krishna District, Machilipatnam^.

(3) Order of this Court in W.P.No.40847 of 2015 dated 28.08.2024.

CONTENTIONS OF 6"^^ RESPONDENT BANKAS PER THE COUNTER:

th

21. The 6 respondent filed counter through their counsel

Ms. K.N.Vijaya Lakshmi, and relied on the circular ADM.F.No.1111/

2019-20 dated 31.05.2019. Clause-8 of the circular that

communicate/transmit that without allotment from administrative office

the PACS should not disburse loans to new members or enhance the

loan amount to existing borrowers. Without special permission from

administrative office, the PACS should not disburse loan amount above

Rs. 1,00,000/- to new members. While disbursing loans to new

members, the Supervisor should visit the residence of the applicant and

scrutinize the loan repayment capacity of the applicant, only then the

Supervisor should recommend the sanctioning of the loan. And while

disbursing loan amount above Rs.1,00,000/- the Branch Supervisor and

Manager should conduct field inspection along with CEO of the PACS.

® 2007 (5) ALD 698

The same should be kept in loan file. The PACS should not change

more than 7% on these loans.

22. It is also stated that it is the duty of the sanctioning authority, i.e.,

the Manager, Supervisor & CEOs to verify the KYC (know your «

customer) of the proposed loanee/borrower and to verify the revenue

records of the proposed agricultural land offered to be mortgaged to the

PACS namely, Adangal, ROR-1B, Pattadar Passbook-cum-Title deeds

in the title of the proposed loanee/borrower and also to verify the

Encumbrance Certificate to find whether any third party interests

created over the proposed agricultural land offered to be mortgaged to

the PACS as security towards the proposed loan amount to be

sanctioned and also to physically visit the proposed agricultural land

offered as security and record a field inspection report verifying the

actual land in parity with the submitted revenue records namely

Adangal, ROR-1B, Pattadar Passbook-cum-Title deeds and the same shall be maintained and filed in the bank records along with the SAG

loan application before disbursement of any loan amount to the

borrower.

23. It is also stated that none of the conditions stated supra have not

been foilbwed by the petitioner, as such, the respondents passed the

impugned" order in Rc.No.704/2022-C dated 31.05.2023 and

Rc.No.7D6/2022-C dated 05.06.2023 was right and appropriate as the

employees vested with the duties of field inspection and sanctioning

authority were negligent and committed dereliction of their individual

respective duties which caused misappropriation to the funds of the

bank.

24. Learned counsel for the respondent relied on judgment of the

Hon'ble Apex Court in Chairman & Managing Director, United

Commercial Bank v. P.C.Kakkar^, for the proposition that a bank is

dependent upon each of its officers and officers acting and operating

within their allotted sphere and acting beyond one's authority is by itself

a breach of discipline and is a misconduct. Hence, prayed to dismiss

the Writ Petitions.

CONSIDERATION OF BOTH PARTIES BRIEFLY:

25. Heard Sri Prabhu Nath Vasireddy, learned counsel for the writ

petitioner, Sri Ramakrishna Naik, learned Government Pleader for

Cooperation, appearing for respondent Nos.1, 2, 3 and 5 and Ms.K.N.

Vijaya Lakshmi, learned counsel for respondent No.6.

' (2003) 4 see 364

26. Learned counsel for the petitioners argues that the primary

responsibility for the irregularities committed in the affairs of the society

rests on the office bearers of the society and the employees working

herein. Though the employees of the bank are connected in the

process of sanction of the loans and the bank itself is a society, no

action can be taken against the employees of another society, "Bank" in

respect of the irregularities committed in a society. In any event, the

joint and several liability cannot be mulcted on the petitioners.

27. On the touchstone of the aforesaid principle which was laid in

K.SSatyanarayana's case (1 supra), learned counsel appearing for the

petitioners would submit that if at all, the responsibility is only on the

society not on the bank, though the employees of the bank are

connected with and the bank itself is a society, no action can be taken

against the employee? of the another society. Therefore, learned

counsel appearing for the petitioners voiced that it is a fit case to allow

all the Writ Petitions and set aside the impugned proceedings dated

31.05.2023 and 05.06.2023.

28. It is also contended by the learned counsel for the petitioners that

the circular issued by the DCCBs is not a law or a statute or rule and it

is not binding^an'd there is no need to follow the circular and also stated

that the circular was not circulated to the respective PACSs and not following the circular is not a ground to conduct an inquiry or for

initiating civil, criminal and disciplinary proceedings against the petitioners herein. And also contended that there is no such willful

negligence on the part of the petitioners in disbursing the loan amount and also stated that the e-KYC is not available with the bank and no circular in force which imposes an obligation on the Manager to conduct field inspection of the agricultural land which js mortgaged to PACS before disbursing the amount, as such, the petitioner did not commit any misconduct and therefore the petitioners are not liable to any civil, criminal or disciplinary action. Hence, prayed to allow the Writ Petitions by setting aside the impugned enquiry dated 31.05.2023 and the consequential initiation of civil, criminal and disciplinary proceedings dated 05.06.2023.

29. The respondents would submit that the petitioners have not conducted inquiry as contemplated under the circular and they have not

conducted field inspection before granting loans,' as the amount is more than Rs. 1,00,000/- and the petitioners have entered benami members

into the society as per the information furnished by Piduguralla Sub Registrar Office and the mortgage registrations as well as encumbrance

certificates are not registered in favour of the fake loanees and found to

be fake encumbrance certificates and the petitioners have not followed t

the cash credit circulars issued by the administrative office, if they would

have been followed the circulars issued by the administrative office,

,they can prevent the payments or stop the payments. As they were colluded, they have not followed the circular issued by the

administrative office, on seeing these allegations, the judgments relied

on by the petitioners are not applicable to the present facts of the case,

as the society is not responsible for the irregularities committed by the

petitioners and the society has not accepted any loan applications.

COURT'S CONCLUSION:

30. The proposition laid in the judgment in K.Satyanarayana's case (1

supra) is that: The bank itself is a society, no action can be taken

against the employees of the bank in respect of the irregularities

committed in the society. The said proposition is not applicable to the

present facts of the case, as the society has not sanctioned or

recommended for, any loan and the petitioners herein have deviated the

circulars issued and in collusion with the revenue officials have created

fake SB accounts and without field inspection, they have disbursed the I

loan amount. Therefore, on the touchstone of the judgment in

♦

K.Satyanarayana's case (1 supra), the petitioners cannot agitate to

quash tine inquiry under Section 51 of the Act 1964 and ordering of civil,

criminal and disciplinary action dated 05.06.2023.

31. The judgment of the Madras High Court relied on by the learned

counsel for the petitioners relating to the circular in Dr. V.K. John v.

G.Vasantha Pai and another (2 supra) at paragraph No.5, it is asserted

that;

"According to the meaning given in the Concise Oxford Dictionary, "circular" is something addressed to a circle of persons and the meaning of "circular letter" or "circular" is given as notice, advertisement etc. reproduced for distribution. Obviously, the material letters were such

circular letters printed for distribution among the voters. We

therefore accept the finding of fact that the petitioner. Dr.

John, was guilty of the illegal practice mentioned in S. 125(3) of the Act."

32. On a reference made by a Bench of Three Judges of the Hon'ble

Supreme Court in Commissioner of Central Excise v. Ratan Melting And

Wire Industries, Calcutta^, a Constitutional Bench in CCE v. Ratan

(2005) 3 see 57

Melting & Wire Industries^, held that: "The circulars and instructions

issued by the Board are no doubt binding in law on the authorities under

the respective statutes, but when the Supreme Court or the High Court

declares the law on the question arising for consideration, it would not

be appropriate for the Court to direct that the circular should be given

effect and not the view expressed in a decision of this Court or the High

Court. So far as the clarifications/circulars issued by the Central

Government and of the State Government are concerned they respect

merely their understanding of the statutory provisions.

33. It is other contention raised by the learned counsel for the

petitioner that e-KYC is not available in the bank.

34. Applicability of KYC is known as:

a) These Directions shall be called the Reserve Bank of India (Know Your Customer (KYC)) Directions, 2016.

b) These directions shall come into effect on the day they are placed on the official website of the Reserve Bank of India.

Section 2: Applicability:

(a) The provisions of these Directions shall apply to every entity regulated by Reserve Bank of India, more specifically as defined in 3 (b)

(xiv) below, except where specifically mentioned otherwise.

'(2008) 13 SC'C 1

Regulated Entities" (REs) means:

All Scheduled Commercial Banks (SCBs)/ Regional Rural Banks

(RRBs)/ Local Area Banks (LABs)/ All Primary (Urban) Co-operative Banks (UCBs)/State and Central Co-operative Banks (StCBs / CCBs) and any other entity which has been licenced under Section 22 of Banking Regulation Act, 1949, which as a group shall be referred as 'banks'

Section 23: Notwithstanding anything contained in Section 16 and as an alternative thereto, in case an individual who desires to open a bank

account, banks shall open a 'Small Account', which entails the following limitations:

(i) the aggregate of all credits in a financial year does not exceed rupees one lakh;

ii) XXX

iii) XXX

35. The purpose and purport of KYC stands for "Know Your

Customer." It is a due diligence process financial companies use to

verify customer identity and assess and monitor customer risk. KYC

ensures customers are who they say they are, and it prevents money

laundering, terrorism financing, and more fraudulent activities and

schemes. By verifying a customer's identity and intentions when the

account is opened and then monitoring transaction patterns, financial

institutions can more accurately pinpoint suspicious activities. As

mandated by the Reserve Bank's guidelines, all banks and financial

institutions are required to implement Know Your Customer (KYC) procedures. Financial institutions cannot proceed with transactions if KYC documentation is not available.

36. The Reserve Bank of India has power to ensure a fair

enforcement of its provisions, by issuing circulars in exercise of its statutory powers under Banking Regulations Act which are binding on I

the authorities in the administration of the Act.

37. Once rules are gazetted and notified shall be deemed to have

been made under the said Act and shall continue to be in force unless

and until they are superseded by Rules made under the Act, they

typically come into effect and are considered legally binding. A

government body or authority cannot simply state that the rules are not

implemented if they have been officially published. The allegations in

the enquiry under Section 51 of Act indicate a preponderance of probability that the petitioners intentionally committed misappropriation of the bank funds.

38. The petitioners knowingly granted loans in collusion, ignoring bank guidelines. Their actions were intentional, not negligent.

39. One of the decisions referred to in Words and Phrases

Permanent Edition, 28, viz.. Smith v. Weber 16 N.W. 2d. 537, 539, 70

S.D. 232, gives the following definition; "Wilfulness'" and 'negligence'

are opposites, wilfulness signifying presence of intention, purpose or

design and negligence in their absence, arising from inattention

thoughtlessness, or heedlessness, and there is a distinction between

negligence characterized by inadvertence-and wilful injury characterized

by 'advertence'.

40. Upon examination of the impugned enquiry report, it is evident

that the report did not contain any findings indicating that the society

directed or recommended the sanction of loans to benami beneficiaries.

Rather, it is the petitioners who fraudulently disbursed the loans.

Without any evidence of a direction or recommendation from the

society, the petitioners cannot reasonably claim that the involvement of

bank employees in the loan sanctioning process precludes

accountability. The fact that the bank operates as a society does not

exempt its employees from liability for irregularities that occur within its

operations. The bank, as a society, and its employees, who are

petitioners, cannot evade responsibility for any wrongdoing and can still

be held accountable for their actions. The petitioners who granted

loans fraudulently together and they want to punish society for

wrongdoings of the person which is unjust and unfair.

41. In view of the foregoing discussion, the principle laid down in the

judgment of the common High Court in K.Satyanarayana's case (1

supra) is not applicable to the facts of the present case, as the society

has not recommended or paid the loans to the fake members and the

petitioners therein have created bank accounts fraudulently and

disbursed the amounts fraudulent without following the circulars issued

by the Reserve Bank of India and DCCB. Hence, this Court found no

reasons to allow the Writ Petitions.

42. Accordingly, all the Writ Petitions are dismissed. There shall be

no order as to costs.

As a sequel thereto. Miscellaneous Petitions pending, if any, shall stand closed.


                                                            SD/-K. SRINIVASA RAJU
                                   //TRUE COPY//            ASSISTANTj REGISTRAR
                                                                    SEcteTNj'OFFiCER
To,

1. -One-CC to Sri Prabhu Nath Vasireddy, Advocate [OPUC]

2. One CC to Smt K.N.Vijaya Lakshmi, Advocate [OPUC]

3. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]

4. Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT]

5. Two CD Copies

RAM I

HIGH COURT .f •

DATE 0:06/11/2024

■gf ANDA^ COMMON ORDER X 0 7 NOV 207'i m Co

Curreni Section ^ -i WP.Nos.13829, 23152, 13841 14124, 14126,14131,14134, 14136, 14138, 15186, 15189, 17577, 17579, 17582, 20253 AND 20264 OF 2023

DISMISSING ALL THE WPs WITHOUT COSTS

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