Andhra Pradesh High Court – Amravati
D Aruna Kumari vs The State Of Andhra Pradesh on 6 November, 2024
1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO 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 WRIT PETITION NO: 13829 OF 2023 Between; 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. 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, 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. 2 8. The Inquiry Officer, , Perecharla PACS Ltd, Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents 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 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. 704/2022-C dated 31-05-2023 and Rc.No. 706/2022-C dated 05-06-2023, during the pendency of the writ petition. 3 lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. 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, 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. ...Petitioner/Respondent 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. 4. The Inquiry Officer, Perecharla PACS Ltd, Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents/Respondents 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. 4 lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. ...Respondent/Petitioner 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83,11*^ Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector AND Executive Magistrate, Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Inquiry Officer, Reddypalem PACS Ltd, Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. 8. The Inquiry Officer, , Perecharla PACS Ltd, Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents/Respondents 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 2023 in WP 13829 of 2023 order dt 14-06-2023. 5 Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 23152 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District. 4. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, , Guntur, Guntur District. 5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District. ...Respondents 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 6 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. lA NO: 1 OF 2023 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. lA NO: 2 OF 2023 Between; 1. The State of Andhra Rradesh, rep.by its Rrincipal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District. 4. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. ...Petitioners/Respondents 7 AND 1. 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 at C/o. Sameera Nalluri, 21230, Valley Forge Circle, King of Prussia, PA 19406. ...Respondent/Petitioner 2. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 4. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar),Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District. ...Respondents 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. lA NO: 1 OF 2024 Between: The Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. 8 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 4. The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 7. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District. ...Respondents/Respondents 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. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 13841 OF 2023 Between: 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 9 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents 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 of the Andhra Pradesh 10 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. 719/2022-C dated 25-05-2023 and Rc.No. 720/2022-C dated 27-05-2023, during the pendency of the writ petition. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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/Respondent 11 2. The Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 4. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents/Respondents (R2 to R5 in not necessary parties in this petition) 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. lA NO: 3 OF 2023 Between: 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 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 12 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents 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 2023 in W.P no 13841 of 2023 order Dt 14/6/2023 and as such the writ petition is liable to be dismissed. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 14124 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 13 # 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, PedanandipaduMandal, Guntur District, The Assistant Registrar,Office of the Sub-Divisional Cooperative Officer, Guntur, Guntur District. 8. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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 and in relation to the affairs of the Kakumanu Cooperative Primary Cooperative Society, Kakumanu by the respondent No. 8 in 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 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. 14 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. 705/2022-C dated 23-05-2023 and Rc.No. 670/2022-C dated 27-05-2023, during the pendency of the writ petition. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. 2. ...Petitioner/Respondent 3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 15 4. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur, Guntur District. 5. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional CooperativeOfficer Guntur, Guntur District. ...Respondents/Respondents (R2 to R4 are not necessary parties in this petition) 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. lA NO: 1 OF 2024 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector AND Executive Magistrate, , Guntur, Guntur District. 5. The District Co-operative Officer, Colicctrate Compound, Guntur, Guntur District. 16 6. The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur, Guntur District. 8. The Inquiry Officer, Kakumanu PACS Ltd, Kakumanu, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 14126 OF 2023 Between: 1. 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. 2. 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. ...Petitioners AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, ll*'^ Line Syamala Nagar, Guntur, Guntur District, 17 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District 7. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 8. The Inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District ...Respondents 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 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 petitioners. 18 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. 2. 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. 3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District 19 4. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 5. The Inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District ...Respondents/Respondents (R3 to R5 are not necessary parties in this petition) 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. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District ...Petitioner/Respondent No.6 AND 1. 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. 2. 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. ...Respondents/Petitioners 3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 4. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District, 5. The District Collector and Executive Magistrate, Guntur, Guntur District. 20 6. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 8. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 9. The inquiry Officer, Perecharla PACS Ltd., Perecharla, Medikonduru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer, Sattenapalli, Palnadu District ...Respondents/Respondents 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 2023 in order dt. 19-06- 2023. Counsel for the Petitioners: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 14131 OF 2023 Between: 1. 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. 2. 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 ...Petitioners AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 21 2. 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, 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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. 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 22 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector AND Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. 2. 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 3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 4. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents/Respondents (R3 7 R4 are not necessary parties in this petition) 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 vacate the interim orders dated: 19-06-2023 passed in lA.No.1/2023 in WP.No.14131/202and dismiss the writ petition. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. 2. 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. ...Respondents/Petitioners 3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 4. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala Nagar, Guntur, Guntur District, 5. The District Collector AND Executive Magistrate, Guntur, Guntur District. 6. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 8. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents/Respondents 24 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 2023 in WP.no. 14131 of 2023 order 19-06-2023 and as such the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 14134 OF 2023 Between: 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. ...petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1 Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Gurazala, Palnadu District. 25 8. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents 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 affairs of the Nekkallu 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 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. 745/2022-C dated 23-05-2023 and Rc.No. 744/2022-C dated 29-05-2023, during the pendency of the writ petition. 26 lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. ...Petitioner/Respondent 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Gurazala, Palnadu District. 4. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents/Respondents (R2 to R4 are not necessary parties in this petition) 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 27 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. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11'^ Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector and Executive Magistrate, Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Gurazala, Palnadu District. 8. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Sattenapalli, Palnadu District. ...Respondents/Respondents 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 28 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. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 14136 OF 2023 Between: 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 ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents 29 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 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 30 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 6. 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 7. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 8. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 9. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents/Respondents (R2 to R4 are not necessary parties in this petition) 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. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 31 AND 1. 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. ...Respondent/Petitioner 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83. 11th Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector and Executive Magistrate, Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 8. The Enquiry Officer, Penumaka PACS Ltd, Penumaka, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Repalle, Bapatia District. ...Respondents/Respondents 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 2023 in W.P no 14136 of 2023 order Dt 19-06- 2023 and as such the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents; GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI 32 WRIT PETITION NO: 14138 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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 report submitted by the respondent No.7 in relation to the affairs of the Phirangipuram Cooperative Primary Cooperative Society, Phirangipuram by 33 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 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. ...Petitioner/Respondent 34 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents/Respondents (R2 & R3 are not necessary parties in this petition) 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. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner AND 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. ...Respondent/Petitioner 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11**^ Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector and Executive Magistrate, Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 35 # 6. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 8. The Enquiry Officer, Phirangipuram PACS Ltd, Phiranghipuram, Palnadu District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. ...Respondents/Respondents 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 2023 in W.P no 14138 of 2023 order Dt 19/06/2023 and as such the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 15186 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, , Guntur, Guntur District. 36 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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 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 directions 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 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. 37 lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, , Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. ...Petitioner/Respondent 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Divisional Cooperative Officer Guntur, Guntur District. ...Respondents/Respondents (R2 & R3 are not necessary parties in this petition) 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. 38 lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent AND 1. 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. ...Petitioner/Respondent 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector and Executive Magistrate, , Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 7. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Divisional Cooperative Officer Guntur, Guntur District. ...Respondents 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. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY 39 Counsel for the Respondents: GP FOR AGRICULTURE Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI WRIT PETITION NO: 15189 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office of the District Cooperative Officer Guntur, Guntur District ...Respondents 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 directions to the respondents 5 and 6 to initiate the criminal, civil and 40 disciplinary actions against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the affairs of the Kakumanu 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 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. 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 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 27-05- 2023, during the pendency of the writ petition. lA NO: 2 OF 2023 Between; 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District, 3. The District Collector and Executive Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District. ...Petitioners/Respondents AND 41 1. 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. 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office of the District Cooperative Officer Guntur, Guntur District ...Respondents/Respondents (R2 & R3 are not necessary parties in this petition) 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. lA NO: 3 OF 2023 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 AND 1. 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. ...Petitioner/Respondent 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, if'' Line Syamala Nagar, Guntur, Guntur District, 4. The District Collector and Executive Magistrate, Guntur, Guntur District. 42 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District. 7. The Enquiry Officer, Kakumanu PACS Ltd, Kakumanu, Kakumanu Mandal, Guntur District, The Assistant Registrar, Office of the District Cooperative Officer Guntur, Guntur District ...Respondents 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. Counsel for the Petitioner: 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 WRIT PETITION NO: 17577 OF 2023 Between: 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District, 3. The Collector and District Magistrate, , Guntur, Guntur District. 43 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. 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. 9. 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 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 rd arbitrary, illegal and based on no evidence and the action of the 3 respondent in issuing instructions to the respondents 4 to 6 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 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 44 instructing the respondents 4 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. ...Petitioner/Respondent AND 1. 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. ...Petitioner/Respondent 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 45 3. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 4. 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. 5. 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/Respondents (R2 to R5 are not necessary parties in this petition) 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. lA NO: 1 OF 2024 Between: The Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.5 AND 1. 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. ...Respondents/Writ Petitioner 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District, 4. The Collector and District Magistrate, Guntur, Guntur District. 46 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. 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. 9. 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/Respondent 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. Counsel for the Petitioner: 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 WRIT PETITION NO: 17579 OF 2023 Between: 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 47 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. 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. 9. 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 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 th nature of writ of mandamus declaring that the finding given by the 8 respondent that the petitioner is an abettor to the accused delinquents is rd arbitrary, illegal and based on no evidence and the action of the 3 respondent in issuing instructions to the respondents 4 to 6 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 5^^ respondent Bank vide his proceedings in Rc. No. 48 509/2022-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. 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. ...Petitioners/Respondents AND 49 1. 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/Respondent 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 4. 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. 5. 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/Respondents (R2 to R4 are not necessary parties in this petition) 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. lA NO: 1 OF 2024 Between: The Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.5 AND 1. 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. ...Respondent/Writ Petitioner 50 2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 4. The Collector and District Magistrate, Guntur, Guntur District. 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. 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. 9. 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 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. 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 51 WRIT PETITION NO: 17582 OF 2023 Between: 1. 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. 2. 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. 3. 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. ...Petitioners AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1l'^ Line Syamala Nagar, Guntur, Guntur District. 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. 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. 9. 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 52 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 4 to 6 to initiate the criminal, civil and disciplinary actions against the petitioners, 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 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 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 petitioners. 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 53 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. 3. The Collector and District Magistrate, Guntur, Guntur District. 4. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. 2. 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. 3. 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. ...Petitioners/Respondents 4. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 6. 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. 7. 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/Respondents (R4 to R7 are not necessary parties in this petition) 54 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. lA NO: 1 OF 2024 Between: Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent No.5 AND 1. 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. 2. 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. 3. 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. ...Respondents/Petitioners 4. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 5. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, Line Syamala Nagar, Guntur, Guntur District, 6. The Collector and District Magistrate, Guntur, Guntur District. 7. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 8. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 9. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 55 10. 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. 11. 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. ...Respondents/Respondents 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 is liable to be dismissed. 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 WRIT PETITION NO: 20253 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 1Line Syamala Nagar, Guntur, Guntur District, 3. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 56 4. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District. ...Respondents 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. 6 to initiate disciplinary action against the petitioner, based on the inquiry report submitted by the respondent No.7 in relation to the affairs of the Gorantia 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 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.697/2022-C, dated 03-08-2023 passed by the respondent No. 3. 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 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. 57 lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 4. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. ...Petitioners/Respondents AND 1. 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. ...Respondent/Petitioner 2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 3. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District. ...Respondents/Respondents (R2 & R3 is not necessary parties in this petition) 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. 58 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. ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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, 3. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 4. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 5. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District. ...Respondents 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. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI 59 WRIT PETITION NO: 20264 OF 2023 Between: 1. G Subba Rao, S/o. late G. Koteswara Rao, aged about 55 years, Occ. th Supervisor, R/o. H.No. 11-936/1, Munuswamy Nagar, 4 Lane. Nagaralu, Guntur, Guntur District. 2. G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal, Guntur District ...Petitioners AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 3. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 4. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 5. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 6. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 7. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District. ...Respondents 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 60 authorizing the 4'^ respondent for recovery of the specified amount of th Rs.1,93,43,773/- as recommended by the 7 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 Articles 14 and 300 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. 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 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. lA NO: 2 OF 2023 Between: 1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 61 Gunt 3. The District Co-operative Officer, Collectrate Compound, Guntur District. 4. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. and Divisional Co- 5 The Deputy Registrar of Cooperative Societies opLtive Officer, Guntur, Guntur District. ...Petitioners AND Nagaralu, Guntur, Guntur District. 2. G. Guntur District. ...Respondents/Petitioners District Cooperative Central 3 Chief Executive Officer, The Guntur Bank Limited. Guntur, Guntur District. Gorantla 4, P. Jayanthi Devi/ The Primary Agriculture Coop Q^ntur Guntur District. Officer, Collectrate Compound, Guntur, i:.uniu ...Respondents/Respondents (R3 & R4 are not necessary parties in this petition) 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 petition WP.No. the interim order dated 09-08-2023 in pleased to vacate 20264/2023 and dismiss the writ petition. ian10:3 0F 202_3 Between: Cooperative Central Bank Chief Executive Officer The Guntur District Limited, Guntur, Guntur District. ...Petitioner/Respondent No.6 62 AND 1. 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. 2. G. Venkata Durga Rao, S/o. Srinivasa Rao, aged about 30 years, Occ. Supervisor, R/o. 3-15, Prathipadu village, Prathipadu Mandal, Guntur District. ...Respondents/Petitioners 3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 4. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, 5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 6. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 7. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 8. P. Jayanthi Devi/ The Inquiry Officer(Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectrate Compound, Guntur, Guntur District. ...Respondents/Respondents 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 2023 in W.P.No.20264 of 2023 order dt. 09-08-2023 and as such the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondents: GP FOR COOPERATION Counsel for the Respondents: SMT K.N.VIJAYA LAKSHMI The Court made the following common order: THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION Nos.13829. 23152, 13841. 14124. 14126. 14131 14134, 14136. 14138, 15186, 15189. 17577. 17579, 17582, 20253 AND 20264 OF 2023 COMMON ORDER:
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.
2. 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, Office of the
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
2
instructions given by the respondent No.4 to the respondents 5 and 6 to
initiate criminal, civil and disciplinary proceedings against the petitioner.
CONTENTS OF INQUIRY REPORT:
3. 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.
4. Accordingly, the 4*’^ respondent-District Cooperative Officer,
Guntur, ordered an inquiry under Section 51 of the Act 1964 into the
affairs of the Reddypalem PACS and other PACSs.
5. As seen from the inquiry report, which is impugned in the present
Writ Petition that it conveys or transpires or communicate that the Chief
Executive Officer of the Society recorded in the minutes that the
3
f
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 three member
Managing Committee signed on the loan filed which are quite irregular.
And out of granting loans to 55 members, only 50 members taken CC &
KCC to a tune of Rs.2,99,00,000/- leaving 5 fake members as balance
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 bank officials also
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
4
bank officials followed the circular issued by the Administrative Office
they’can also stop payments, but in this aspect, they were colluded with
the delinquents.
7. In this connection, the revenue officials are also mainly colluded
with the fake members for exhibiting and uploading fake mutations with
RSR does not follow the guidelines of the Chief Commissioner of the
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 fake members into
the web land without having survey numbers and extent and the dates
of uploading and deletion, if any, those who caused for the above
lapses.
8. The Inquiry Officer also reported that in connection with the Sub
Registrar’s Office, out of 50 fake members, the mortgage registration
was done in favour of the fake members only 40 members and SROs
t
5
found the’said survey numbers in the web land at that time, but in
respect of 10 fake loans, Piduguralla Sub-Registrar informed that the
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.
9. 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.
CONTENTIONS OF THE WRIT PETITIONERS AS PER THE AFFIDAVIT:
10. Assailing the said inquiry report dated 31.05.2023 under Section
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 PACSs and
the petitioners are not responsible for the loss caused to the said
th
societies and the petitioner did not violate any rules in force and the 4respondent-District Cooperative Officer has no power or authority or
jurisdiction to give instructions to the Deputy Registrar of Cooperative
6
%Officer, who is arrayed as 5
Societies and Divisional Cooperative
Guntur District Cooperative
Chjef Executive Officer
respondent, and the
6^*^ responderit to initiate civil,
Central Bank Limited, who is arrayed as and the finding of
ion against the petitioners
criminal and disciplinary action _
colluded with the Management
the inquiry officer that the bank officials
societies is
is false and baseless
Chief Executive Officer of the respective is not able to
irv officer that the petitioner
and the finding of inquiry
but violation of
Aadhar and pan cards is nothing
technically check-up to time and the
Bank of India from time
circulars issued by the Reserve nearest mee-seva
to check-up in the
has not preferred
petitioner no evidence.
unreasonable and based on
kendram is misconceived
in fact, e-KYC is
is not available with the
11. And further contended that in
obligation on the
in
is no circular in force which imposes an
bank and there is
of the agricultural land which is
Manager to conduct field inspection
which has been
mortgaged to pads before disbursing the amount favour of the
concerned PACS m
sanctioned and granted by the
officials of the bank
is no obligation cast upon the
members and there is
of the land which was
mortgaged in favour of the
for physical verification PACS and the
for the loan granted by the
respective societies of the bank in
surcharge proceedings
; issued against the employees
7
S
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.
12.
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
8
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.
13. 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:
(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.
(2) Dr. V.K. John v. G.Vasantha Pai and another^, to explain
the meaning of “Circular”.
(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 under Section
37 or an inquiry under Section 38 or an inspection under‘2018(1)ALD555
^ AIR 1957 Madras 320
^ 1960(1) ALT 102 (D.B.)
9Section” 39I should disclose that persons in management
have” Imisappropriated funds, then only the persons
concerned would be surcharged under this Section.
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
has taken part in the management of the society or any past
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
an inspection or on the winding up of a society,
the said
amount had fallen due to be recovered from the concerned
person.
TO R3 AS PER rnNiTFNTIONS OF r^nx/PRMMENT PLEADER_FOR_Rl THF COUNTER:
the contentions raised by the writ petitioners,
14. Repelling
learned Government Pleader,
respondents 1 2 3 and 5, through the
Chief Executive Officers of the
filed their counter and stated that the
to the persons \A/ho are not
respective PACSs had issued irregular loans
the area of operation of the PACSs by
holding agricultural land i in
19 of the Act 1964, as
violating bye-law No.6 of the society and Section
” 2005 (2) ALT 137 (S.B.)
10
%
such, ah inquiry was ordered under Section 51 of the Act 1964 into the
affairs of the PACS to conduct a detailed inquiry and to fix-up the
responsibility.
15. 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, the Chief Executive
Officer, Perecherla PACS Limited, the four members had sanctioned
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.
16. 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
11
%
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 has to visit
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.”
17. Hence, the contention of the petitioner that he has not violated the
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 is false and baseless
is not correct.
18. 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 of PACS has been
delegated to the District Cooperative Officer. Accordingly, he District
Cooperative Officer, Guntur ordered inquiry under Section 51 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 –
12
f
C dated 16.03.2022 respectively on the recommendations of the
Divisional Cooperative Officer, Guntur.
19. 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.
20. Learned Government Pleader appearing for respondents 1, 2, 3
and 5 relied on the following judgments:
(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 that the
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
13
«
(2) Araja Narasimha Rao v. District Cooperative Officer/Joint
Registrar Krishna District, Machilipatnam^.
(3) Order of this Court in W.P.No.40847 of 2015 dated
28.08.2024.
CONTENTIONS OF 6″^^ RESPONDENT BANKAS PER THE COUNTER:
th
21. The 6 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 CEO of the PACS.
® 2007 (5) ALD 698
14
The same should be kept in loan file. The PACS should not change
more than 7% on these loans.
22. 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 the revenue
records of the proposed agricultural land offered to be mortgaged to the
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 to be mortgaged to
the PACS as security towards the proposed loan amount to be
sanctioned and also to physically visit the proposed agricultural land
offered as security and record a field inspection report verifying the
actual land in parity with the submitted revenue records namely
Adangal, ROR-1B, Pattadar Passbook-cum-Title deeds and the same
shall be maintained and filed in the bank records along with the SAG
loan application before disbursement of any loan amount to the
borrower.
23. It is also stated that none of the conditions stated supra have not
been foilbwed by the petitioner, as such, the respondents passed the
15
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 as the
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.
24. Learned counsel for the respondent relied on judgment of the
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.
CONSIDERATION OF BOTH PARTIES BRIEFLY:
25. Heard Sri Prabhu Nath Vasireddy, learned counsel for the writ
petitioner, Sri Ramakrishna Naik, learned Government Pleader for
Cooperation, appearing for respondent Nos.1, 2, 3 and 5 and Ms.K.N.
Vijaya Lakshmi, learned counsel for respondent No.6.
‘ (2003) 4 see 364
16
26. 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.
27. 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 action can be taken
against the employee? of the another society. Therefore, learned
counsel appearing for the petitioners voiced that it is a fit case to allow
all the Writ Petitions and set aside the impugned proceedings dated
31.05.2023 and 05.06.2023.
28. It is also contended by the learned counsel for the petitioners that
the circular issued by the DCCBs is not a law or a statute or rule and it
is not binding^an’d there is no need to follow the circular and also stated
17
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.
29.
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
18
certificates are not registered in favour of the fake loanees and found to
be fake encumbrance certificates and the petitioners have not followed
t
the cash credit circulars issued by the administrative office, if they would
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 facts of the case,
as the society is not responsible for the irregularities committed by the
petitioners and the society has not accepted any loan applications.
COURT’S CONCLUSION:
30. 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 applicable to the
present facts of the case, as the society has not sanctioned or
recommended for, any loan and the petitioners herein have deviated the
circulars issued and in collusion with the revenue officials have created
fake SB accounts and without field inspection, they have disbursed the
I
loan amount. Therefore, on the touchstone of the judgment in
19
♦
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.
31. The judgment of the Madras High Court relied on by the learned
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;
“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 suchcircular 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.”
32. 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
(2005) 3 see 57
20
Melting & Wire Industries^, held that: “The circulars and instructions
issued by the Board are no doubt binding in law on the authorities under
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.
33. It is other contention raised by the learned counsel for the
petitioner that e-KYC is not available in the bank.
34. Applicability of KYC is known as:
a) These Directions shall be called the Reserve Bank of India (Know
Your Customer (KYC)) Directions, 2016.
b) These directions shall come into effect on the day they are placed
on the official website of the Reserve Bank of India.
Section 2: Applicability:
(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
21
Regulated Entities” (REs) means:
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 under Section 22
of Banking Regulation Act, 1949, which as a group shall be referred as
‘banks’Section 23: Notwithstanding anything contained in Section 16 and as
an alternative thereto, in case an individual who desires to open a bankaccount, banks shall open a ‘Small Account’, which entails the following
limitations:
(i) the aggregate of all credits in a financial year does not exceed
rupees one lakh;
ii) XXX
iii) XXX
35. 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 when the
account is opened and then monitoring transaction patterns, financial
institutions can more accurately pinpoint suspicious activities. As
22
f
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.
36.
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.
38.
The petitioners knowingly granted loans in collusion, ignoring
bank guidelines. Their actions were intentional, not negligent.
23
4
39. 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’.
40. 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 the involvement of
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 that occur within its
operations. The bank, as a society, and its employees, who are
petitioners, cannot evade responsibility for any wrongdoing and can still
24
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.
41. In view of the foregoing discussion, the principle laid down in the
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 the circulars issued
by the Reserve Bank of India and DCCB. Hence, this Court found no
reasons to allow the Writ Petitions.
42. Accordingly, all the Writ Petitions are dismissed. There shall be
no order as to costs.
As a sequel thereto. Miscellaneous Petitions pending, if any, shall
stand closed.
SD/-K. SRINIVASA RAJU //TRUE COPY// ASSISTANTj REGISTRAR SEcteTNj'OFFiCER To,
1. -One-CC to Sri Prabhu Nath Vasireddy, Advocate [OPUC]
2. One CC to Smt K.N.Vijaya Lakshmi, Advocate [OPUC]
3. Two CCs to GP for Agriculture, High Court of Andhra Pradesh. [OUT]
4. Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT]
5. Two CD Copies
RAM
I
64
HIGH COURT
.f •
DATE 0:06/11/2024
■gf ANDA^
COMMON ORDER X 0 7 NOV 207’i m
Co
Curreni Section ^ -i
WP.Nos.13829, 23152, 13841
14124, 14126,14131,14134,
14136, 14138, 15186, 15189, 17577,
17579, 17582, 20253 AND 20264 OF 2023
DISMISSING ALL THE WPs
WITHOUT COSTS