Dismissed¶36

The Gollamudi Primary Agricultural Co-operative Society Ltd. v. The Ap Co-operative Tribunal

Andhra Pradesh HC23 Apr 2026WP/11591/2017

Case brief

AI extract

What is this about?

Writ Petition No. 11591 of 2017; Gollamudi Primary Agricultural Co-operative Society Ltd. v. AP Cooperative Tribunal and others; surcharge proceedings under cooperative law; attachment of property; third-party ownership claim in Claim Petition No.3 of 2006; O.A.No.59 of 2009 allowed by A.P. Cooperative Tribunal, Vijayawada (Order dated 06.03.2014); surcharge order set aside in O.A.No.18 of 2007 (16.04.2009) with remand; writ dismissed as infructuous; no costs; Article 226; Section 151 CPC; Justice Nyapathy Vijay; decided 24.04.2026; Krishna District; Andhra Pradesh.

What did the court decide?

In the light of the submissions made, the Writ Petition is dismissed as infructuous, with no order as to costs. ¶36

The Gollamudi Primary Agricultural… — Writ and Judicial Review | Andhra Pradesh HC (2026)

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APHC010473212017

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 11591 OF 2017

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Between:

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The Gollamudi Primary Agricultural Co-operative Society Ltd., No.G3034, Gollamudi Village, Nandigama Mandal, Krishna District Rep by its CEO Katarapu Rama Rao, S/o. Siva Koti Aged about 46 years

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...Petitioner

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AND

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The AP Cooperative Tribunal, Vijayawada, Krishna District Rep. by its Secretary

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The State of Andhra Pradesh, Rep by its Principal Secretary, Agriculture & Cooperation Department Secretariat Building, Hyderabad

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The Special Cadre Deputy Registrar / Officer on Special, Duty, Krishna District Co-operative Central Bank Limited Machilipatnam, Krishna District

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Doddapaneni Rajendra Prasad, S/o. D. Bhaskara Rao Aged about 48 years, R/ o. Gollamudi Village, Nandigama Mandal, Krishna District

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Doddapaneni Venkata Narayana, S/o. D. Bhaskara Rao Aged about 48 years, R/o. Gollamudi Village, Nandigama Mandal, Krishna District

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...Respondents

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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 Certiorari calling for the records relating to the Order dated 06/03/2014 passed by the 1st Respondent Tribunal in OA.No.59/2009 allowing the appeal thereby setting aside the Orders dated 28/07/2016 passed by the 3rd Respondent in Claim Petition No.3/2016 etc., and to quash the same by declaring it as illegal, bad in law, contrary to the principle held by this Hon'ble Court

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IA NO: 1 OF 2017(WPMP 14422 OF 2017

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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 suspend the operation of the order passed by the 1st Respondent in OA NO.59/2009 dated 06/03/2014 pending disposal of the above writ petition

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IA NO: 2 OF 2017(WPMP 14423 OF 2017

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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 dispense with the filing of the Original Order passed by the 1st Respondent in OA NO.59/2009 dated 06/03/2014

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Counsel for the Petitioner: SURAGANI VIJAYA KUMAR

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Counsel for the Respondents: GP FOR COOPERATION (AP) Counsel for the Respondents:CHILUKURI KARTHIK Counsel for the Respondents:elevated

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The Court made the following order:

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 11591/2017

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O R DE R:

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The Writ Petition is filed questioning the Order dated 06.03.2014 in O.A.No.59 of 2009 passed by the Respondent No.1 setting aside the Order dated 28.07.2006 passed by the Respondent No.3 in Claim Petition No.3 of 2006 as illegal and arbitrary.

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Learned counsel for the Petitioner submits that the impugned Order was passed in O.A.No.59 of 2009 questioning the Order of the A.P. Cooperative Tribunal. It is stated that O.A.No.59 of 2009 was filed by the Respondent No.5 questioning the rejection of Claim Petition No.3 of 2006, dated 28.07.2006 by the Special Cadre Deputy Registrar/Officer on Special Duty, Krishna District Cooperative Central Bank Limited, Machilipatnam, on 07.09.2009. It is stated that the Surcharge Order was confirmed against the Respondent No.4 vide Order dated 30.04.2005 and as a consequence, the property in question was attached. The Respondent No.5 said to have made an application claiming ownership of the property being the brother of Respondent No.4 in the Claim Petition claiming property. The said application was dismissed and hence an appeal was filed before the A.P. Cooperative Tribunal, Vijayawada. The Cooperative Tribunal after examining the claim of the Respondent No.5 allowed the O.A

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vide Order dated 06.03.2014. In the meantime, the Surcharge Order passed against the Respondent No.4 was set aside on 16.04.2009 by the Tribunal in O.A.No.18 of 2007 by remitting the issue for fresh consideration before the competent authority.

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Learned counsel for the Petitioner submits that as the very basis of the attachment is set aside, no further orders needs be passed in the present Writ Petition.

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