Dismissed

K Anka Mahendra Rao v. the State of Ap

Andhra Pradesh HC5 Nov 2024WP/13841/2023

Case brief

AI extract

What is this about?

The High Court dismissed 19 writ petitions challenging inquiry proceedings initiated against bank employees under the Andhra Pradesh Cooperative Societies Act. The Court distinguished precedent regarding bank employees' liability, holding that employees who fraudulently disbursed loans in collusion with management are personally accountable for violating regulatory guidelines.

What did the court decide?

Prayers for quashing inquiry reports and setting aside orders initiating criminal, civil, and disciplinary proceedings against petitioners were dismissed.

K Anka Mahendra Rao Vs the State of Ap — Cooperative Societies | Andhra Pradesh HC (2024)

¶1

¶2

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

¶3

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

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶6

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

¶7

WRIT PETITION NO: 13829 OF 2023

¶8

Between;

¶9

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.

¶10

...Petitioner

¶11

AND

¶12

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

¶13

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,

¶14

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

¶15

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

¶16

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

¶17

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶18

The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶19

¶20

The Inquiry Officer, , Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶21

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^{oftheAndhraPradesh} 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.

¶22

lA NO: 1 OF 2023

¶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 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.

lA NO: 2 OF 2023

Between:

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

¶28

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,

¶29

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

¶30

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

¶31

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

¶32

...Petitioners/Respondents

¶33

AND

¶34

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.

¶35

...Petitioner/Respondent

¶36

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

¶37

The inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶38

The Inquiry Officer, Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶39

...Respondents/Respondents

¶40

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.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶45

...Petitioner/Respondent No.6

¶46

AND

¶47

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.

¶48

...Respondent/Petitioner

¶49

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

¶50

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

¶51

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

¶52

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

¶53

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶54

The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem,^Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶55

The Inquiry Officer, , Perecharla PACS Ltd, Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District.

¶56

...Respondents/Respondents

¶57

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^{2023inWP13829of2023} order dt 14-06-2023.

¶58

¶59

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶60

Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶61

WRIT PETITION NO: 23152 OF 2023

¶62

Between:

¶63

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.

¶64

...Petitioner

¶65

AND

¶66

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

¶67

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

¶68

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

¶69

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

¶70

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

¶71

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶72

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.

¶77

lA NO: 1 OF 2023

¶78

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.

¶79

lA NO: 2 OF 2023

¶80

Between;

¶81

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

¶82

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

¶83

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

¶84

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶85

...Petitioners/Respondents

¶86

¶87

AND

¶88

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^atC/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406.

¶89

...Respondent/Petitioner

¶90

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

¶91

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶92

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

¶93

...Respondents

¶94

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.

¶95

lA NO: 1 OF 2024

¶96

Between:

¶97

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

¶98

...Petitioner/Respondent No.6

¶99

AND

¶100

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^atC/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406.

¶101

¶102

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

¶103

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

¶104

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

¶105

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

¶106

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

¶107

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

¶108

...Respondents/Respondents

¶109

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.

¶110

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶111

Counsel for the Respondents: GP FOR COOPERATION

¶112

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

¶113

WRIT PETITION NO: 13841 OF 2023

¶114

Between:

¶115

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

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

¶120

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

¶121

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶122

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

¶123

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

¶124

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶125

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶126

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶127

...Respondents

¶128

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^{oftheAndhraPradesh}

¶129

¶130

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.

¶131

lA NO: 1 OF 2023

¶132

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.

¶133

lA NO: 2 OF 2023

¶134

Between:

¶135

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

¶136

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

¶137

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶138

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

¶139

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

¶140

...Petitioners/Respondents

¶141

AND

¶142

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.

¶143

...Petitioner/Respondent

¶144

¶145

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

¶146

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶147

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶148

...Respondents/Respondents

¶149

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

¶150

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. 13841/2022 and dismiss the writ petition.

¶151

lA NO: 3 OF 2023

¶152

Between:

¶153

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.

¶154

...Petitioner

¶155

AND

¶156

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

¶157

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,

¶158

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶159

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

¶160

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

¶161

¶162

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

¶163

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶164

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶165

...Respondents

¶166

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 of²⁰²³ⁱⁿ W.P^no13841 of 2023 order Dt 14/6/2023 and as such the writ petition is liable to be dismissed.

¶167

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶168

Counsel for the Respondents: GP FOR COOPERATION

¶169

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

¶170

WRIT PETITION NO: 14124 OF 2023

¶171

Between:

¶172

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.

¶173

...Petitioner

¶174

AND

¶175

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

¶176

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

¶177

¶178

¶179

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

¶180

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

¶181

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶182

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶183

The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, PedanandipaduMandal, Guntur District, The Assistant Registrar,Office of the Sub-Divisional Cooperative Officer, Guntur,^{GunturDistrict.}

¶184

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

¶185

...Respondents

¶186

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 andⁱⁿ relation to the affairs of the Kakumanu Cooperative Primary Cooperative Society, Kakumanu by the respondent No. 8 in his proceedings^{inRc.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.

¶187

¶188

lA NO: 1 OF 2023

¶189

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.

¶190

lA NO: 2 OF 2023

¶191

Between:

¶192

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

¶193

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

¶194

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

¶195

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

¶196

The Deputy Registrar of Cooperative Societies AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶197

...Petitioners/Respondents

¶198

AND

¶199

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.

¶200

...Petitioner/Respondent

¶201

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶202

¶203

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

¶204

The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur,^Guntur District, The Assistant Registrar, Office of the Sub-Divisional CooperativeOfficer Guntur, Guntur District.

¶205

...Respondents/Respondents

¶206

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

¶207

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.

¶208

lA NO: 1 OF 2024

¶209

Between:

¶210

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶211

...Petitioner/Respondent No.6

¶212

AND

¶213

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.

¶214

...Respondent/Writ Petitioner

¶215

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

¶216

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

¶217

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

¶218

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

¶219

¶220

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

¶221

The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur,^{GunturDistrict.}

¶222

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

¶223

...Respondents

¶224

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.

¶225

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶226

Counsel for the Respondents: GP FOR COOPERATION

¶227

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

¶228

WRIT PETITION NO: 14126 OF 2023

¶229

Between:

¶230

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.

¶231

D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged^about54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9 Brodipet, Guntur, Guntur District.

¶232

...Petitioners

¶233

AND

¶234

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

¶235

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

¶236

¶237

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

¶238

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

¶239

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

¶240

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District

¶241

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶242

The Inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶243

...Respondents

¶244

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^{oftheAndhraPradesh} 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.

¶245

¶246

lA NO: 1 OF 2023

¶247

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.

¶248

lA NO: 2 OF 2023

¶249

Between:

¶250

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

¶251

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

¶252

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

¶253

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

¶254

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

¶255

...Petitioners/Respondents

¶256

AND

¶257

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.

¶258

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.

¶259

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

¶260

¶261

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶262

The Inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶263

...Respondents/Respondents

¶264

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

¶265

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.

¶266

lA NO: 3 OF 2023

¶267

Between:

¶268

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District

¶269

...Petitioner/Respondent No.6

¶270

AND

¶271

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.

¶272

D. Venkata Ramana Kumar, S/o. Krishna Mohana Rao, Aged^about54 years, Occ. Supervisor, R/o. 30-2-151, Sri Raghavendra Nilayam, 6/9 Brodipet, Guntur, Guntur District.

¶273

...Respondents/Petitioners

¶274

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

¶275

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

¶276

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶277

¶278

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

¶279

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

¶280

The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District

¶281

The inquiry Officer, Perecharla PACS Ltd., Perecharla,^Medikonduru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer, Sattenapalli, Palnadu^District

¶282

...Respondents/Respondents

¶283

¶284

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

¶285

Counsel for the Respondents: GP FOR COOPERATION

¶286

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

¶287

WRIT PETITION NO: 14131 OF 2023

¶288

Between:

¶289

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.

¶290

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

¶291

...Petitioners

¶292

AND

¶293

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

¶294

¶295

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,

¶296

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

¶297

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

¶298

The Deputy Registrar of Cooperative Socieites AND^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶299

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶300

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶301

...Respondents

¶302

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 instructions to the respondents 5 and 6 to initiate the criminal, civil and disciplinary proceedings against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the affairs of the 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.

¶303

lA NO: 1 OF 2023

¶304

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

¶305

¶306

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.

¶307

lA NO: 2 OF 2023

¶308

Between:

¶309

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

¶310

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

¶311

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

¶312

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

¶313

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

¶314

...Petitioners/Respondents

¶315

AND

¶316

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.

¶317

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

¶318

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

¶319

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶320

...Respondents/Respondents

¶321

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

¶322

¶323

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.

¶324

lA NO: 3 OF 2023

¶325

Between:

¶326

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶327

...Petitioner/Respondent No.6

¶328

AND

¶329

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.

¶330

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.

¶331

...Respondents/Petitioners

¶332

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

¶333

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

¶334

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

¶335

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

¶336

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

¶337

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶338

...Respondents/Respondents

¶339

¶340

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 of²⁰²³ in WP.no. 14131 of 2023 order 19-06-2023 and as such the writ petition.

¶341

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶342

Counsel for the Respondents: GP FOR COOPERATION

¶343

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

¶344

WRIT PETITION NO: 14134 OF 2023

¶345

Between:

¶346

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.

¶347

...petitioner

¶348

AND

¶349

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

¶350

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

¶351

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶352

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

¶353

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

¶354

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶355

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶356

¶357

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶358

...Respondents

¶359

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^{affairsoftheNekkallu} 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^{oftheAndhraPradesh} 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.

¶360

lA NO: 1 OF 2023

¶361

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.

lA NO: 2 OF 2023

Between:

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

¶366

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

¶367

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.} 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶368

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

¶369

...Petitioners/Respondents

¶370

AND

¶371

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.

¶372

...Petitioner/Respondent

¶373

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

¶374

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶375

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶376

...Respondents/Respondents

¶377

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

¶378

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

¶379

¶380

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.

¶381

lA NO: 3 OF 2023

¶382

Between:

¶383

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶384

...Petitioner/Respondent No.6

¶385

AND

¶386

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.

¶387

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

¶388

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

¶389

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.} 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District.

¶390

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

¶391

The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Gurazala, Palnadu District.

¶392

The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer, Sattenapalli, Palnadu District.

¶393

...Respondents/Respondents

¶394

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

¶395

¶396

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.

¶397

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶398

Counsel for the Respondents: GP FOR COOPERATION

¶399

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

¶400

WRIT PETITION NO: 14136 OF 2023

¶401

Between:

¶402

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

¶403

...Petitioner

¶404

AND

¶405

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

¶406

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

¶407

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶408

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

¶409

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

¶410

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶411

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶412

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶413

...Respondents

¶414

¶415

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^{oftheAndhraPradesh} 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.

¶416

lA NO: 1 OF 2023

¶417

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.

¶418

lA NO: 2 OF 2023

¶419

Between:

¶420

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

¶421

¶422

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

¶423

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶424

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

¶425

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

¶426

...Petitioners/Respondents

¶427

AND

¶428

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

¶429

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶430

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶431

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶432

...Respondents/Respondents

¶433

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

¶434

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.

¶435

lA NO: 3 OF 2023

¶436

Between:

¶437

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶438

...Petitioner/Respondent No.6

¶439

¶440

AND

¶441

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.

¶442

...Respondent/Petitioner

¶443

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

¶444

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

¶445

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶446

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

¶447

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

¶448

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Sattenapalli, Palnadu District.

¶449

The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office^oftheSub- Divisional Cooperative Officer Repalle, Bapatia District.

¶450

...Respondents/Respondents

¶451

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^{2023inW.Pno14136of} 2023 order Dt 19-06- 2023 and as such the writ petition.

¶452

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶453

Counsel for the Respondents; GP FOR COOPERATION

¶454

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

¶455

¶456

WRIT PETITION NO: 14138 OF 2023

¶457

Between:

¶458

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.

¶459

...Petitioner

¶460

AND

¶461

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

¶462

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

¶463

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

¶464

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

¶465

The Deputy Registrar of Cooperative Socieites and^DivisionalCo operative Officer, Collectrate Compound, Guntur, Guntur^District.

¶466

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶467

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

...Respondents

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.

¶472

lA NO: 2 OF 2023

¶473

Between:

¶474

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

¶475

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

¶476

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

¶477

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

¶478

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

¶479

...Petitioners/Respondents

¶480

¶481

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.

¶482

...Petitioner/Respondent

¶483

¶484

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶485

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶486

...Respondents/Respondents

¶487

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

¶488

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.

¶489

lA NO: 3 OF 2023

¶490

Between:

¶491

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶492

...Petitioner

¶493

AND

¶494

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.

¶495

...Respondent/Petitioner

¶496

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

¶497

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

¶498

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶499

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

¶500

¶501

¶502

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

¶503

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶504

The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of^{theSub-Divisional} Cooperative Officer Guntur, Guntur District.

¶505

...Respondents/Respondents

¶506

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 2023ⁱⁿ W.P no 14138 of 2023 order Dt 19/06/2023 and as such the writ petition.

¶507

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶508

Counsel for the Respondents: GP FOR COOPERATION

¶509

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

¶510

WRIT PETITION NO: 15186 OF 2023

¶511

Between:

¶512

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.

¶513

...Petitioner

¶514

AND

¶515

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

¶516

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

¶517

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

¶518

¶519

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

¶520

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

¶521

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶522

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶523

...Respondents

¶524

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^{oftheAndhraPradesh} 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.

¶525

lA NO: 1 OF 2023

¶526

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.

lA NO: 2 OF 2023

Between:

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

¶531

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

¶532

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

¶533

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

¶534

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

¶535

...Petitioners/Respondents

¶536

AND

¶537

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.

¶538

...Petitioner/Respondent

¶539

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶540

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶541

...Respondents/Respondents

¶542

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

¶543

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.

lA NO: 3 OF 2023

Between:

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶548

...Petitioner/Respondent

¶549

AND

¶550

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.

¶551

...Petitioner/Respondent

¶552

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

¶553

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

¶554

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

¶555

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

¶556

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

¶557

The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of^{theDivisional} Cooperative Officer Guntur, Guntur District.

¶558

...Respondents

¶559

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.

¶560

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶561

¶562

Counsel for the Respondents: GP FOR AGRICULTURE

¶563

Counsel for the Respondents: GP FOR COOPERATION

¶564

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

¶565

WRIT PETITION NO: 15189 OF 2023

¶566

Between:

¶567

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.

¶568

...Petitioner

¶569

AND

¶570

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

¶571

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

¶572

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶573

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

¶574

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

¶575

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶576

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} 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^{affairsoftheKakumanu} 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^{ofArticles14and} 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.

¶581

lA NO: 1 OF 2023

¶582

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 27-052023, during the pendency of the writ petition.

¶583

lA NO: 2 OF 2023

¶584

Between;

¶585

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

¶586

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

¶587

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶588

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

¶589

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

¶590

...Petitioners/Respondents

¶591

AND

¶592

¶593

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.

¶594

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶595

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} Cooperative Officer Guntur, Guntur District

¶596

...Respondents/Respondents

¶597

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

¶598

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.

¶599

lA NO: 3 OF 2023

¶600

Between:

¶601

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶602

...Petitioner/Respondent No.6

¶603

AND

¶604

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.

¶605

...Petitioner/Respondent

¶606

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

¶607

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

¶608

The District Collector and Executive Magistrate, Guntur,^{GunturDistrict.}

¶609

¶610

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

¶611

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

¶612

The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office^{oftheDistrict} Cooperative Officer Guntur, Guntur District

¶613

...Respondents

¶614

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.

¶615

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶616

Counsel for the Respondents: GP FOR AGRICULTURE

¶617

Counsel for the Respondents: GP FOR COOPERATION

¶618

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

¶619

WRIT PETITION NO: 17577 OF 2023

¶620

Between:

¶621

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.

¶622

...Petitioner

¶623

AND

¶624

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

¶625

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

¶626

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

¶627

¶628

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

¶629

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶630

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

¶631

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶632

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.

¶633

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.

¶634

...Respondents

¶635

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 finding given by the 8th respondent that the petitioner is an abettor to the accused delinquents is arbitrary, illegal and based on no evidence and the action of the 3 rd respondent in issuing instructions to the respondents^4to6 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. 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^{ofArticles14and} 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

¶636

¶637

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

¶638

lA NO: 1 OF 2023

¶639

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.

¶640

lA NO: 2 OF 2023

¶641

Between:

¶642

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

¶643

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

¶644

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

¶645

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

¶646

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

¶647

...Petitioner/Respondent

¶648

AND

¶649

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.

¶650

...Petitioner/Respondent

¶651

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

¶652

¶653

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

¶654

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.

¶655

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.

¶656

...Respondents/Respondents

¶657

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

¶658

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.

¶659

lA NO: 1 OF 2024

¶660

Between:

¶661

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

¶662

...Petitioner/Respondent No.5

¶663

AND

¶664

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.

¶665

...Respondents/Writ Petitioner

¶666

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

¶667

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

¶668

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

¶669

¶670

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

¶671

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

¶672

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

¶673

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.

¶674

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.

¶675

...Respondents/Respondent

¶676

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.

¶677

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶678

Counsel for the Respondents: GP FOR AGRICULTURE

¶679

Counsel for the Respondents: GP FOR COOPERATION

¶680

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

¶681

WRIT PETITION NO: 17579 OF 2023

¶682

Between:

¶683

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

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

¶688

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

¶689

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

¶690

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

¶691

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶692

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

¶693

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶694

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.

¶695

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.

¶700

lA NO: 1 OF 2023

¶701

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.

¶702

lA NO: 2 OF 2023

¶703

Between:

¶704

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

¶705

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

¶706

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

¶707

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

¶708

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶709

...Petitioners/Respondents

¶710

AND

¶711

¶712

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.

¶713

...Petitioner/Respondent

¶714

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶715

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

¶716

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.

¶717

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.

¶718

...Respondents/Respondents

¶719

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

¶720

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.

¶721

lA NO: 1 OF 2024

¶722

Between:

¶723

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

¶724

...Petitioner/Respondent No.5

¶725

AND

¶726

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.

¶727

...Respondent/Writ Petitioner

¶728

¶729

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

¶730

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

¶731

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

¶732

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

¶733

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

¶734

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

¶735

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.

¶736

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.

¶737

...Respondents

¶738

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.

¶739

Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY

¶740

Counsel for the Respondents: GP FOR AGRICULTURE Counsel for the Respondents: GP FOR COOPERATION

¶741

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

¶742

¶743

WRIT PETITION NO: 17582 OF 2023

¶744

Between:

¶745

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.

¶746

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.

¶747

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.

¶748

...Petitioners

¶749

AND

¶750

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

¶751

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

¶752

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

¶753

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

¶754

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶755

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

¶756

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

¶757

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.

¶758

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.

¶759

...Respondents

¶760

¶761

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^4to6to initiate the criminal, civil and disciplinary actions against the petitioners, based on the inquiry report submitted by the respondent No.8 in^{relationtotheaffairsof} the seven (7) Primary Agricultural Cooperative Societies and Prathipadu Branch of the 5*'^ respondent Bank vide his proceedings in Rc. No. 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^{ofArticles14and} 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 petitioners.

¶762

lA NO: 1 OF 2023

¶763

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.

¶764

lA NO: 2 OF 2023

¶765

Between:

¶766

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

¶767

¶768

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

¶769

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

¶770

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

¶771

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

¶772

...Petitioners/Respondents

¶773

AND

¶774

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.

¶775

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.

¶776

Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged^about59 years, Occ. Cashier GDCC Bank, R/o. D.No. 6-80, Gottipadu village, Prathipadu Mandal, Guntur District.

¶777

...Petitioners/Respondents

¶778

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

¶779

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

¶780

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.

¶781

D. M. Rama Rao, S/o. not known to the petitioner. Aged^about80 years, Occ. Retd. Assistant Registrar, R/o. Sivalayam Street, Nagaralu, Amaravathi Road, Guntur, Guntur District.

¶782

...Respondents/Respondents

¶783

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

¶784

¶785

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.

¶786

lA NO: 1 OF 2024

¶787

Between:

¶788

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶789

...Petitioner/Respondent No.5

¶790

AND

¶791

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.

¶792

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.

¶793

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.

¶794

...Respondents/Petitioners

¶795

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

¶796

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

¶797

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

¶798

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

¶799

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

¶800

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

¶801

¶802

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.

¶803

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.

¶804

...Respondents/Respondents

¶805

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 18-07-2023 in lA no 1 of 2023 in W.P no 17582 of 2023 and as such the writ petition^{isliabletobedismissed.}

¶806

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

¶807

WRIT PETITION NO: 20253 OF 2023

¶808

Between:

¶809

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.

¶810

...Petitioner

¶811

AND

¶812

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

¶813

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

¶814

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

¶815

¶816

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶817

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

¶818

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶819

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

¶820

...Respondents

¶821

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.6toinitiate} disciplinary action against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the^{affairsoftheGorantia} 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^{oftheAndhraPradesh} Cooperative Societies Act, 1964, and in violation of^{Articles.14and300Aof} 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.

¶822

lA NO: 1 OF 2023

¶823

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.

lA NO: 2 OF 2023

Between:

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

¶828

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

¶829

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

¶830

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

¶831

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

¶832

...Petitioners/Respondents

¶833

AND

¶834

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.

¶835

...Respondent/Petitioner

¶836

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

¶837

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

¶838

...Respondents/Respondents

¶839

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

¶840

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.

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.

¶845

...Petitioner

¶846

AND

¶847

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

¶848

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

¶849

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

¶850

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

¶851

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

¶852

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶853

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

¶854

...Respondents

¶855

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.

¶856

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION

¶857

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

¶858

¶859

WRIT PETITION NO: 20264 OF 2023

¶860

Between:

¶861

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 th Lane. Nagaralu, Guntur, Guntur District.

¶862

G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal, Guntur District

¶863

...Petitioners

¶864

AND

¶865

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

¶866

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

¶867

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

¶868

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

¶869

The Deputy Registrar of Cooperative Societies and^DivisionalCo operative Officer, Guntur, Guntur District.

¶870

Chief Executive Officer, The Guntur District Cooperative^CentralBank Limited, Guntur, Guntur District.

¶871

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

¶872

...Respondents

¶873

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

¶874

¶875

authorizing the 4‘^ respondent for recovery of the specified amount of Rs.1,93,43,773/as recommended by the 7 th 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^{Articles14and300} 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.

¶876

lA NO: 1 OF 2023

¶877

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.

¶878

lA NO: 2 OF 2023

¶879

Between:

¶880

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

¶881

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

¶882

¶883

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

¶884

Audit Officer, Syamala Nagar, Guntur,

¶885

1. The District Cooperative Guntur District. and Divisional Co-

¶886

5 The Deputy Registrar of Cooperative Societies opLtive Officer, Guntur, Guntur District.

¶887

...Petitioners

¶888

AND

¶889

Nagaralu, Guntur, Guntur District.

¶890

G. Guntur District.

¶891

...Respondents/Petitioners

¶892

District Cooperative Central

¶893

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

¶894

Gorantla

¶895

4, P. Jayanthi Devi/ The Primary Agriculture Coop Q^ntur Guntur District. Officer, Collectrate Compound, Guntur, i:.uniu

¶896

...Respondents/Respondents

¶897

not necessary parties in this petition) (R3 & R4 are

¶898

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 datedpetition09-08-2023 in WP.No. the interim order pleased to vacate 20264/2023 and dismiss the writ petition.

¶899

ian10:3 0F 202_3

¶900

Between:

¶901

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

¶902

...Petitioner/Respondent No.6

¶903

¶904

AND

¶905

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.

¶906

G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu^Mandal, Guntur District.

¶907

...Respondents/Petitioners

¶908

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

¶909

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

¶910

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

¶911

The District Cooperative Audit Officer, Syamala Nagar,^Guntur, Guntur District,

¶912

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

¶913

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

¶914

...Respondents/Respondents

¶915

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^{2023inW.P.No.20264of} 2023 order dt. 09-08-2023 and as such the writ petition.

¶916

Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY

¶917

Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI

¶918

The Court made the following common order:

¶919

THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

¶920

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

¶921

COMMON ORDER:

¶922

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.

¶923

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,^Officeofthe 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

¶924

¶925

instructions given by the respondent No.4 to the respondents^5and6to initiate criminal, civil and disciplinary proceedings against the petitioner.

¶926

CONTENTS OF INQUIRY REPORT:

¶927

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.

¶928

Accordingly, the 4*'^ respondent-District Cooperative Officer, Guntur, ordered an inquiry under Section 51 of the^Act1964 into the affairs of the Reddypalem PACS and other PACSs.

¶929

As seen from the inquiry report, which is impugned in the present Writ Petition that it conveys or transpires or communicate^thattheChief Executive Officer of the Society recorded in the minutes that the

¶930

¶931

¶932

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^threemember Managing Committee signed on the loan filed which are quite irregular. And out of granting loans to 55 members, only 50 members^takenCC& KCC to a tune of Rs.2,99,00,000/- leaving 5 fake members^asbalance 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^{bankofficialsalso} 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

¶933

¶934

bank officials followed the circular issued by the^{AdministrativeOffice} they'can also stop payments, but in this aspect, they^{werecolludedwith} the delinquents.

¶935

In this connection, the revenue officials are also mainly colluded with the fake members for exhibiting and uploading^{fakemutationswith} RSR does not follow the guidelines of the Chief Commissioner^ofthe 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^{fakemembersinto} the web land without having survey numbers and extent^andthedates of uploading and deletion, if any, those who caused for the above lapses.

¶936

The Inquiry Officer also reported that in connection^withtheSub Registrar’s Office, out of 50 fake members, the mortgage registration was done in favour of the fake members only 40 members^andSROs

¶937

¶938

¶939

found the'said survey numbers in the web land at that time, but in respect of 10 fake loans, Piduguralla Sub-Registrar^{informedthatthe} 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.

¶940

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.

¶941

CONTENTIONS OF THE WRIT PETITIONERS AS PER THE AFFIDAVIT:

¶942

Assailing the said inquiry report dated 31.05.2023^underSection 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^PACSsand the petitioners are not responsible for the loss caused to the said societies and the petitioner did not violate any rules^{inforceandthe4} th respondent-District Cooperative Officer has no power or authority or jurisdiction to give instructions to the Deputy Registrar of Cooperative

¶943

¶944

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

¶945

is not available with the in fact, e-KYC is 11. And further contended that in obligation on the in force which imposes an is no circular in bank and there is of the agricultural land which is conduct field inspection Manager to which has been pads before disbursing the amount mortgaged to favour of the concerned PACS m and granted by the sanctioned officials of the bank cast upon the is no obligation members and there is mortgaged in favour of the of the land which was for physical verification PACS and the granted by the for the loan societies respective of the bank in ; issued against the employees surcharge proceedings

¶946

¶947

¶948

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.

¶949

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

¶950

¶951

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.

¶952

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:

¶953

(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.

¶954

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

¶955

(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^underSection 37 or an inquiry under Section 38 or an inspection^under

¶956

^ AIR 1957 Madras 320

¶957

^ 1960(1) ALT 102 (D.B.)

¶958

'2018(1)ALD555

¶959

¶960

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

¶961

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 management of the society or any past has taken part in the 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 the winding up of a society, the said an inspection or on recovered from the concerned amount had fallen due to be person.

¶962

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

¶963

raised by the writ petitioners, the contentions 14. Repelling learned Government Pleader, 2 3 and 5, through the respondents 1 filed their counter and stated that the^{ChiefExecutiveOfficersofthe} to the persons \A/ho are not PACSs had issued irregular loans respective of the PACSs by holding agricultural land ini the area of operation 19 of the Act 1964, as No.6 of the society and Section violating bye-law

¶964

“ 2005 (2) ALT 137 (S.B.)

¶965

¶966

such, ah inquiry was ordered under Section 51 of the^{Act1964intothe} affairs of the PACS to conduct a detailed inquiry and to fix-up the responsibility.

¶967

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,^{theChiefExecutive} Officer, Perecherla PACS Limited, the four members^{hadsanctioned} 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.

¶968

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

¶969

¶970

¶971

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^hastovisit 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.”

¶972

Hence, the contention of the petitioner that he has^{notviolatedthe} 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^{isfalseandbaseless} is not correct.

¶973

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^{ofPACShasbeen} delegated to the District Cooperative Officer. Accordingly,^he District Cooperative Officer, Guntur ordered inquiry under Section⁵¹ 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

¶974

¶975

¶976

C dated 16.03.2022 respectively on the recommendations of the Divisional Cooperative Officer, Guntur.

¶977

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.

¶978

Learned Government Pleader appearing for respondents 1, 2, 3 and 5 relied on the following judgments:

¶979

(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^thatthe 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^.

¶984

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

¶985

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

¶986

The 6 th 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^{CEOofthePACS.}

¶987

® 2007 (5) ALD 698

¶988

¶989

The same should be kept in loan file. The PACS should^notchange more than 7% on these loans.

¶990

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^therevenue records of the proposed agricultural land offered to^{bemortgagedtothe} 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^{tobemortgagedto} the PACS as security towards the proposed loan amount to be sanctioned and also to physically visit the proposed^{agriculturalland} offered as security and record a field inspection report^verifyingthe actual land in parity with the submitted revenue records namely Adangal, ROR-1B, Pattadar Passbook-cum-Title deeds^andthesame shall be maintained and filed in the bank records along^withtheSAG loan application before disbursement of any loan amount to the borrower.

¶991

It is also stated that none of the conditions stated supra have not been foilbwed by the petitioner, as such, the respondents^passedthe

¶992

¶993

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^asthe 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.

¶994

Learned counsel for the respondent relied on judgment^ofthe 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.

¶995

CONSIDERATION OF BOTH PARTIES BRIEFLY:

¶996

Heard Sri Prabhu Nath Vasireddy, learned counsel for^thewrit petitioner, Sri Ramakrishna Naik, learned Government Pleader for Cooperation, appearing for respondent Nos.1, 2, 3 and^5andMs.K.N. Vijaya Lakshmi, learned counsel for respondent No.6.

¶997

’’ (2003) 4 see 364

¶998

¶999

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.

¶1000

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^{actioncanbetaken} against the employee? of the another society. Therefore, learned counsel appearing for the petitioners voiced that it^{isafitcasetoallow} all the Writ Petitions and set aside the impugned proceedings^dated 31.05.2023 and 05.06.2023.

¶1001

It is also contended by the learned counsel for the petitioners that the circular issued by the DCCBs is not a law or a^{statuteorruleand} it is not binding^an’d there is no need to follow the^{circularandalsostated}

¶1002

¶1003

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.

¶1004

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

¶1005

¶1006

certificates are not registered in favour of the fake^{loaneesandfoundto} be fake encumbrance certificates and the petitioners^{havenotfollowed} t the cash credit circulars issued by the administrative^{office,iftheywould} 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^{factsofthecase,} as the society is not responsible for the irregularities^{committedbythe} petitioners and the society has not accepted any loan^{applications.}

¶1007

COURT’S CONCLUSION:

¶1008

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^{applicabletothe} present facts of the case, as the society has not sanctioned or recommended for, any loan and the petitioners herein^{havedeviatedthe} circulars issued and in collusion with the revenue^{officialshavecreated} fake SB accounts and without field inspection, they^{havedisbursedthe} I loan amount. Therefore, on the touchstone of the judgment in

¶1009

¶1010

♦

¶1011

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.

¶1012

The judgment of the Madras High Court relied on by^thelearned 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;

¶1013

“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.”

¶1014

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

¶1015

(2005) 3 see 57

¶1016

¶1017

Melting & Wire Industries^, held that: “The circulars^{andinstructions} issued by the Board are no doubt binding in law on^{theauthoritiesunder} 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.

¶1018

It is other contention raised by the learned counsel for the petitioner that e-KYC is not available in the bank.

¶1019

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

¶1020

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

¶1021

Section 2: Applicability:

¶1022

(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

¶1023

¶1024

Regulated Entities” (REs) means:

¶1025

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^{underSection22} of Banking Regulation Act, 1949, which as a group shall^bereferredas ‘banks’ Section 23: Notwithstanding anything contained in Section^16andas 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:

¶1026

(i) the aggregate of all credits in a financial year^{doesnotexceed} rupees one lakh;

¶1027

ii) XXX iii) XXX

¶1028

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^whenthe account is opened and then monitoring transaction patterns,^financial institutions can more accurately pinpoint suspicious activities. As

¶1029

¶1030

¶1031

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.

¶1032

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.

¶1033

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

¶1034

¶1035

¶1036

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'.

¶1037

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^{theinvolvementof} 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^{thatoccurwithin} its operations. The bank, as a society, and its employees, who are petitioners, cannot evade responsibility for any wrongdoing^andcanstill

¶1038

¶1039

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.

¶1040

In view of the foregoing discussion, the principle^{laiddowninthe} 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^{thecircularsissued} by the Reserve Bank of India and DCCB. Hence, this Court found no

¶1041

reasons to allow the Writ Petitions.

¶1042