Dismissed¶36

Palle Krishna v. the State of Ap

Andhra Pradesh HC13 Oct 2025WP/5588/2025

Case brief

AI extract

What is this about?

Withdrawal of writ petition at threshold; Article 226 mandamus; superannuation retirement age 58 versus amended bylaw enhancing retirement age to 60; Asst. Sales Man E.No.1054; proceedings VSPECCS/ADMN/2025 dated 01-02-2025; Visakhapatnam Steel Plant Employees Consumers Co-operative Stores Ltd, Ukkunagaram; A.P. Co-operative Societies Act service rules; IA No.1 of 2025 under Section 151 CPC for continuation in service; dismissed as withdrawn with liberty to pursue legal remedies; no order as to costs; Justice Nyapathy Vijay; Amaravati; 14.10.2025.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to pursue legal remedies as and when occasion arises; no order as to costs; miscellaneous petitions, if any, stand dismissed as a sequel. ¶36

Palle Krishna Vs the State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ petition dismissed as withdrawn with liberty to pursue legal remedies as and when occasion arises; no order as to costs; miscellaneous petitions, if any, stand dismissed as a sequel.

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Issue for consideration

Whether the 6th respondent's reliving of the petitioner from service as Asst. Sales Man (E.No.1054) with effect from 28-02-2025 on attaining superannuation at 58 years, ignoring the amendment of Bylaw enhancing the retirement age from 58 to 60 years, was arbitrary, illegal and violative of the service rules under the A.P. Co-operative Societies Act.

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Ratio / Principle

The Court accorded the petitioner permission to withdraw the writ petition as sought by learned counsel for the petitioner.

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Key takeaways

The writ petition is dismissed as withdrawn, with liberty to the petitioner to pursue legal remedies as and when occasion arises, and with no order as to costs.ratio¶36
As a sequel, the miscellaneous petitions, if any, shall stand dismissed.ratio¶38

Detailed headnote1 paragraphs

Writ Petition (W.P.No.5588 of 2025, High Court of Andhra Pradesh at Amaravati, Nyapathy Vijay J, 14.10.2025): Palle Krishna, Asst. Sales Man (E.No.1054) of the 6th respondent society, filed an Article 226 petition challenging his reliving from service with effect from 28-02-2025 on attaining superannuation at 58 years under proceedings VSPECCS/ADMN/2025 dt.01-02-2025, alleging that the action ignored an amendment of Bylaw enhancing the retirement age from 58 to 60 years and violated the service rules under the A.P. Co-operative Societies Act; an interlocutory application (IA No.1 of 2025) under Section 151 CPC sought continuation in service pending disposal. Before any adjudication, learned counsel for the petitioner sought permission to withdraw; the Court accorded permission and dismissed the writ petition as withdrawn with liberty to pursue legal remedies as and when occasion arises, with no order as to costs; miscellaneous petitions, if any, stood dismissed as a sequel.

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APHC010101732025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

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(Special Original Jurisdiction)

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TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5588/2025

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Between:

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PALLE KRISHNA, S/O.KRISHNA MURTHY, AGED ABOUT 57 YEARS, R/O.B.C.COLONY, PARAVADA, VILLAGE AND MANDAL VISAKHAPATNAM DISTRICT-531 021.

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...PETITIONER

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AND

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THE STATE OF AP, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF AGRICULTURE AND CO-OPERATION SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH, SKY LARK TOWERS, D.NO.2-16-83, 11TH LINE, SYAMALA NAGAR, GUNTUR, GUNTUR DISTRICT.

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THE DISTRICT COOPERATIVE OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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THE DEPUTY REGISTRAR/ DIVISIONAL COOPERATIVE OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

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THE VISAKHAPATNAM STEEL PLANT EMPLOYEES, CONSUMERS CO-OPERATIVE STORES LTD., UKKUNAGARAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, REP. BY ITS CHAIRMAN / PIC.

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THE VISAKHAPATNAM STEEL PLANT EMPLOYEES CONSUMERS COOPERATIVE STORES LTD, UKKUNAGARAM, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT, REP. BY ITS

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PRESIDENT.

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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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly the action of the 6 Respondent under proceedings bearing VSPECCS/ADMN/2025, dt 01-02-2025 reliving the Petitioner herein from the services of the Asst. Sales Man, bearing E.No.1054 with effect from 28-02-2025 on attaining superannuation at the age of 58 years ignoring the amendment of Bylaw enhancing the retirement age from 58 to 60 years as per Government Rules as arbitrary, illegal and violative of Rules governing the Service conditions of the Petitioner under A.P. Co-operative Societies Act and the rules made their under and consequently set aside the same and pass

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IA NO: 1 OF 2025

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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 direct the Respondents No. 5 & 6 to continue the Petitioner in service as Asst Sales man in the 6th Respondent Society by suspending the impugned proceedings dt:01-02-2025 pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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