Dismissed¶¶38

Chimata Kanaka Durga v. The State of Andhra Pradesh

Andhra Pradesh HC14 Sept 2025WP/24684/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition against private employment; VOA (Village Organisation Assistant); Velugu / DRDA Eluru; Ushodaya Gramaikya Sangam; Mutually Aided Cooperative Society; Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995; Respondent not 'State' under Article 12 of the Constitution; writ of mandamus dismissed; Article 226; Article 21; Section 151 CPC interim application; liberty to avail alternative remedies; no costs; pending applications closed; High Court of Andhra Pradesh at Amaravati; Special Original Jurisdiction; single Judge Nyapathy Vijay; decision dated 15.09.2025; W.P.No.24684 of 2025.

What did the court decide?

Liberty to the Petitioner to avail alternative remedies under law in an appropriate forum; no order as to costs; pending applications, if any, stand closed as a sequel. ¶¶38

Chimata Kanaka Durga Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Liberty to the Petitioner to avail alternative remedies under law in an appropriate forum; no order as to costs; pending applications, if any, stand closed as a sequel.

¶¶38

Issue for consideration

Whether the action of the Respondents in directing the Petitioner to stop from attending to her duties as VOA (Village Organisation Assistant) in Respondent No.6-Society and threatening to remove her from service without following due procedure is illegal and arbitrary. +1 more

¶¶34

Ratio / Principle

Respondent No.6-Society is a Mutually Aided Cooperative Society and is not a 'State' under Article 12 of the Constitution of India; consequently, the Petitioner's private employment in Respondent No.6-Society cannot be the subject matter of the present Writ Petition.

¶¶36

Key takeaways

On the ground that Respondent No.6 is not a 'State' under Article 12, the Writ Petition is dismissed.ratio¶¶38
Liberty is given to the Petitioner to avail alternative remedies under law in an appropriate forum.ratio¶¶39

Detailed headnote1 paragraphs

Writ Petition (Article 226) by a Village Organisation Assistant (VOA) of Ushodaya Gramaikya Sangam, Chittapur Village, Chatrai Mandal, Eluru District — a registered society functioning under the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 — seeking a writ of mandamus against the official Respondents' direction that she stop attending to her duties in the 6th Respondent-Society and their threat to remove her from service without due procedure, notice or observance of natural justice (invoking Article 21). The Court held that Respondent No.6-Society is a Mutually Aided Cooperative Society and not a 'State' under Article 12 of the Constitution of India, and that the Petitioner's private employment in that Society cannot be the subject matter of a writ petition. The Writ Petition was dismissed, with liberty to pursue alternative remedies under law in an appropriate forum; no order as to costs; pending applications closed. (Nyapathy Vijay, J., 15.09.2025)

¶1

APHC010484982025

¶2

IN THE HIGH COURT OF ANDHRA PRADESH

¶3

AT AMARAVATI

¶4

[3460]

¶5

(Special Original Jurisdiction)

¶6

MONDAY, THE FIFTEENTH DAY OF SEPTEMBER

¶7

TWO THOUSAND AND TWENTY FIVE

¶8

PRESENT

¶9

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

¶10

WRIT PETITION NO: 24684/2025

¶11

Between:

¶12

CHIMATA KANAKA DURGA, W/O CHENNA RAO, AGED ABOUT 28 YEARS, OCC- VOA, R/O D. NO. 1-132, CHITTAPUR VILLAGE, CHATRAI MANDAL, ELURU DISTRICT.

¶13

...PETITIONER

¶14

AND

¶15

THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ (RURAL DEVELOPMENT AGENCY) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

¶16

THE DISTRICT COLLECTOR / EXECUTIVE CHAIRMAN, DRDA, ELURU DISTRICT, ELURU.

¶17

THE PROJECT DIRECTOR, DRDA, VELUGU, ELURU DISTRICT, ELURU DISTRICT.

¶18

THE ASSISTANT PROJECT MANAGER, VELUGU OFFICE, CHATRAI MANDAL, ELURU DISTRICT.

¶19

THE COMMUNITY COORDINATOR, VELUGU, CHATRAI MANDAL, ELURU DISTRICT.

¶20

USHODAYA GRAMAIKYA SANGAM, CHITTAPUR VILLAGE, CHATRAI MANDAL. ELURU DISTRICT.

¶21

...RESPONDENT(S):

¶22

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 Writ, order or direction particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in directing the petitioner to stop from

¶23

attending to the duties of VOA (Village Organisation Assistant) in 6th respondent society and threatening to remove the petitioner from service without following procedure and without any notice, as illegal, arbitrary, without jurisdiction and violative of principles of natural justice and rights guaranteed under Art 21 of constitution of India and consequently direct the respondents to continue the petitioner in the post of VOA (Village Organisation Assistant) in 6th respondent society, and to pass such other order.

¶24

IA NO: 1 OF 2025

¶25

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 not to interfere with the petitioner in discharge of her duties as VOA (Village Organisation Assistant) in 6^th respondent society, pending disposal of main Writ Petition and to pass such other order.

¶26

Counsel for the Petitioner:

¶27

1.SREENIVASA RAO VELIVELA

¶28

Counsel for the Respondent(S):

¶29

1.GP FOR SERVICES I

¶30

The Court made the following:

¶31

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

¶32

W.P.No.24684 of 2025

¶33

O R DE R:

¶34

The present Writ Petition is filed to declare the action of Respondents in directing the Petitioner to stop from attending to the duties of VOA (Village Organisation Assistant) in Respondent No.6-Society and threatening to remove the Petitioner from service without following due procedure, as illegal and arbitrary.

¶35

The Petitioner was appointed as Village Organization Assistant in Respondent No.6-Society, which is a registered society and functioning under the provisions of the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 and its own bye-laws. As the official Respondents are restraining the Petitioner from discharging her duties as Village Organization Assistant of Respondent No.6-Soceity, the present Writ Petition is filed.

¶36

Respondent No.6–Society is said to be a Mutually Aided Cooperative Society and the private employment of the Petitioner in Respondent No.6-Society cannot be the subject matter of the present Writ Petition, as Respondent No.6 is not a

¶37

‘State’ under Article 12 of the Constitution of India.

¶38