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M.C.Ganganna v. The State of Andhra Pradesh

Andhra Pradesh HC12 Aug 2025WP/541/2018

Case brief

AI extract

What is this about?

Writ petition closed as infructuous — cause of action does not survive; challenge to notice of sale dated 28.11.2017 under Rule 52(11)(e) of the A.P. Co-operative Societies Rules issued in E.P. No. 23/06-07 by Yemmiganur Cooperative Town Bank Ltd. for recovery of dues; benefit of One Time Settlement Scheme sought; Article 226 mandamus; Article 14 arbitrariness plea; interim stay of auction dated 18.01.2018; no orders passed, no costs; IA Nos. 1-3 of 2018 closed.

What did the court decide?

None on merits — writ petition closed on counsel's submission that the cause of action does not survive; no order as to costs; miscellaneous applications, if any, to stand closed as a sequel. ¶37

M.C.Ganganna Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

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[3327]

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APHC010012012018

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

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WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT

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THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

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WRIT PETITION NO: 541/2018

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Between:

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M.C.GANGANNA, S/O. M.P. YADDAPPA, AGED ABOUT 58 YEARS, OCC. RETD PRIVATE EMPLOYEE, R/O D.NO. 1-2098-A, WEAVERS COLONY, YEMMIGANUR, KURNOOL DISTRICT.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATIVE DEPARTMENT,SECRETARIAT, AMARAVATHI GUNTUR DISTRICT.

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THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERTIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH, OLD MIRCHI YARD, BESIDE RYTH BUZAR, CHUTUGUNTA, GUNTUR DISTRICT.

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THE YEMMIGANUR COOPERATIVE TOWN BANK LTD, REP. BY ITS CHAIRMAN, NO. Y-396, YEMIMINAGANUR, KURNOOL DISTRICT

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THE YEMMIGANUR COOPERATIVE TOWN BANK LTD, REP. BY ITS SECRETARY, NO.Y-396, YEMMIGANUR, KURNOOL DISTRICT.

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THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, ADONI, KURNOOL DISTRICT.

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...RESPONDENT(S):

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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 toto issue a writ order or direction more particulaly one tin the nature of writ of mandamusto declare the action the respondenst in issing notice of sale ddated 28.11.2017 under Rule 52(11) (e) of the AP Co operative Societies Rules without extending the benefit of one time settlements scheme to clear the dues pending with respondents bank as illegal arbitrary and violative of article 14 the constitution of India

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and also contrary to order passed by the Honble High Court in W.A.No. 1227 of 2002 and batch dated 20.08.2009 and W.P.No 28932 of 2009 dated 21.04.2010 and consequently to provide an opportunity to the petitioner to settle the dues pending with the bank by way of one time settlement by waiving the interest as was done to similarly situated defaulters and pass

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IA NO: 1 OF 2018

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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

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IA NO: 2 OF 2018

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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 the proposed auction on 18-01-2018 in pursuance to E.P. No. 23/06-07 issued under notice of sale dated 28-11-2017 to the decree holder and defaulter issued under rule 52 (11) (e) of the A.P. Cooperative Societies Rules, 1964 pending disposal of the above writ petition.

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IA NO: 3 OF 2018

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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 stay in WP No. 541 of 2018 granted on 04.01.2018.

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Counsel for the Petitioner:

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1.L V S NAGARAJU

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Counsel for the Respondent(S):

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1.K SITA RAM

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2.GP FOR AGRICULTURE (AP)

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The Court made the following:

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.541 of 2018

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ORDER:

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This Writ Petition has been filed to declare the action of respondents in issuing notice of sale dated 28.11.2017 under Rule 52 (11) (e) of the A.P. Co-operative Societies Rules without extending the benefit of One Time Settlement Scheme to clear the dues pending with the respondent bank as illegal and arbitrary.

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When the matter is taken up for hearing, learned counsel for the petitioner submits that the cause of action does not survive in the present writ petition. In view of the said submission, no orders are required to be passed in this case.

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