✦ Andhra Pradesh High Court · 06 Nov 2024

Nalluri Balakrishna v. The State of Andhra Prade

Case at a glance

Outcome

Dismissed

Accordingly, all the Writ Petitions are dismissed

Key paragraphs

  • Para 44. Accordingly, 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.
  • Para 1818. 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…
  • Para 3131. 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…

Judgment

Judgment

#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.

#4. The inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District. 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: Occ. Pamidimukkala Umadevi, W/o. Nalluri Balakrishna, aged about 55 years, Line, Presently at Extension, Vidya Nagar, Guntur, Guntur District, C/o. King of Prussia, PA Sameera Nalluri, 21230, Valley Forge Circle, 19406. H.No.4-5-32/23/B, Manager, Branch R/o. 1st AND ...Petitioner

#1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

#7. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, , Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. P. Jayanthi Devi, The Inquiry Officer (Assistant Registrar), Gorantia Primary Agriculture Cooperative Society, O/o. Divisional Cooperative Officer, Collectorate Compound, Guntur, Guntur District. 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 ...Respondents 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.

#7. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Co-operative Officer, Collectorate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District. 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. AND ...Petitioner 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.

#8. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 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.

#1. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 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.

#4. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 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. AND ...Petitioner

#1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2,

#5. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District, The District Collector and Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 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.

#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. 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. AND ...Petitioner

#2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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. lA NO: 1 OF 2023 14 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.

#3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District.

#2. ...Petitioner/Respondent 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 vacate interim orders dated; 19-06-2023 passed 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

#5. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Collector AND Executive Magistrate, , Guntur, Guntur District. 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.

#8. The Inquiry Officer, Pedanandipadu PACS Ltd, Pedanandipadu, Pedanandipadu Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Guntur, Guntur District. 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 Line, Munuswami Nagar, Nagaralu, years, Occ. Manager, R/o. 4th 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. AND ...Petitioners

#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.

#8. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 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. lA NO: 1 OF 2023 18 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

#5. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 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 vacate interim orders dated: 19-06-2023 passed 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 Line, Munuswami Nagar, Nagaralu, years, Occ. Manager, R/o. 4th 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

#4. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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.

#9. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. The Inquiry Officer, Reddypalem PACS Ltd., Reddypalem, Guntur, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Guntur, Guntur District 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:

#2. 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. K. Nagaraju, S/o. Hah Babu, aged about 35 years, Occ. Supervisor, R/o. Prathipadu village and Mandal, Guntur District 2-73, Near Vegetable Market, D.No. AND ...Petitioners

#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.

#5. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Collector AND Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND Sangapu Venkata Subba Rao, S/o. Abbaiah, aged about 33 4-56, Sankurathripadu village

#1. years, Nadendia Mandal, Palnadu District. Supervisor, D.No. Occ. R/o. K. Nagaraju, S/o. Hari Babu, aged about 35 years, Occ.

#2. 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 vacate interim orders dated: 19-06-2023 passed 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

#8. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Commissioner for Cooperation AND Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District, The District Collector AND Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Socieites AND Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 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, Manager, R/o. Mangalagiri, Guntur District. H.No.11-949, Sramika Ratnala Nagar, Occ. Cheruvu, AND ...petitioner

#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, Line Syamala Nagar, Guntur, Skylark Towers, near D.No. 2/16/83, 1 Guntur District,

#3. The District Collector and Executive Magistrate, Guntur, Guntur District.

#7. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 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.

#5. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11Line Syamala Nagar, Guntur, Guntur District, The District Collector and Executive Magistrate, Guntur, Guntur District. The District Guntur District. Co-operative Officer, Collectrate Compound, Guntur, 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.

#4. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Gurazala, Palnadu District. 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 vacate interim orders dated: 19-06-2023 passed 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.

#8. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District, The District Collector and Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. The Inquiry Officer, Mandadam PACS Ltd, Mandadam, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub- Divisional Cooperative Officer Gurazala, Palnadu District. The Inquiry Officer, Nekkalu PACS Ltd, Nekkallu, Thulluru Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer, Sattenapalli, Palnadu District. 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 ...Respondents/Respondents 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, Occ. Supervisor, R/o. D.No.27-158, Yuvajana Nagar, Pedakakani village and Mandal, Guntur District S/o.Ratnam years, 56 AND ...Petitioner

#2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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.

#8. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 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 arbitrary, against the Rc.No. 720/2022-C dated 27-05-2023 as illegal, 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,

#5. The District Collector and Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 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

#9. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 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 vacate interim orders dated: 19-06-2023 passed 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.

#8. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. The Enquiry Officer, Ippatam PACS Ltd, Ipppatam, Tadepalli Mandal, Guntur District, The Assistant Registrar, Office of the Sub-Divisional Cooperative Officer Sattenapalli, Palnadu District. 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. AND ...Petitioner

#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

#2. and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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.

#1. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Socieites and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. ...Petitioners/Respondents AND 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 vacate 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. AND ...Petitioner

#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.

#8. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 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. AND ...Petitioner

#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. (R2 & R3 are not necessary parties in this petition) Petition under Section 151 CPC praying that in the circumstances ...Respondents/Respondents stated in the affidavit filed in support of the petition, the High Court may be 06-07-2023 passed in orders pleased lA.No.1/2023 in WP.No.15186/2023 and dismiss the writ petition. interim vacate dated: 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, Nagar, Old Guntur, Guntur, Guntur District. Lane, AN ...Petitioner/Respondent

#2. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

#7. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Collector and Executive Magistrate, , Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Collectrate Compound, Guntur, Guntur District. 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. AND ...Petitioner

#1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

#7. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District, The District Collector and Executive Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 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.

#5. The District Guntur District. Co-operative Officer, Collectrate Compound, Guntur, 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.

#3. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 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 vacate interim orders dated: 06-07-2023 passed 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

#3. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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

#7. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Tenali, Guntur District. 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. AND ...Petitioner

#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.

#9. 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. 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 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.

#5. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 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.

#2. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. ...Petitioner/Respondent 45

#3. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District.

#5. 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. 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.

#9. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 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. 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, Prathipadu R/o. Village, Prathipadu Mandal, Guntur District 2-163/A, D.No. AND ...Petitioner 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 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 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 No. Rc. 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.

#5. 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. 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 vacate 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.

#9. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 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. 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:

#2. 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. 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. Guntupalli Sambasiva Rao, S/o. Venka.teswarlu, aged about 59 years, Occ. village, Cashier GDCC Bank, Prathipadu Mandal, Guntur District. Gottipadu D.No. 6-80, R/o. ...Petitioners AND The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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.

#9. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 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. 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.

#5. The Collector and District Magistrate, Guntur, Guntur District. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. 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.

#3. 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. 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.

#7. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 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. 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.

#5. 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. 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 The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 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.

#9. The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, 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. AND ...Petitioner

#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 Constitution India, consequently 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.

#5. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11*^ Line Syamala Nagar, Guntur, Guntur District, The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 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. AND ...Petitioner

#1. The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

#7. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11‘^ Line Syamala Nagar, Guntur, Guntur District, The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, Chief Executive Officer, The Guntur District Cooperative Central Bank Limited, Guntur, Guntur District. 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. Lane. 11-936/1, Munuswamy Nagar, H.No. 4 Supervisor, Nagaralu, Guntur, Guntur District. R/o.

#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 AND ...Petitioners

#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 Rs.1,93,43,773/- as recommended by 7 respondent petitioners, 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 provisions 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

#3. The District Co-operative Officer, Collectrate Compound, Gunt Guntur District.

#4. The District Cooperative Guntur District. Audit Officer, Syamala Nagar, Guntur, 5 The Deputy Registrar of Cooperative Societies opLtive Officer, Guntur, Guntur District. AND and Divisional Co- ...Petitioners Nagaralu, Guntur, Guntur District.

#2. G. Guntur District. ...Respondents/Petitioners 3 Chief Executive Officer, The Guntur Bank Limited. Guntur, Guntur District. District Cooperative Central Gorantla 4, P. Jayanthi Devi/ The Primary Agriculture Coop Officer, Collectrate Compound, Guntur, i:.uniu Q^ntur Guntur District. ...Respondents/Respondents not necessary parties in this petition) (R3 & R4 are Petition stated in under Section 151 CPC praying . ina that in the circumstances the affidavit filed in support of the petition , the High Court may be in WP.No. 09-08-2023 vacate interim pleased 20264/2023 and dismiss the writ petition. ian10:3 0F 202_3 Between: Chief Executive Officer Limited, Guntur, Guntur District. The Guntur District Cooperative Central Bank ...Petitioner/Respondent No.6 62 AND

#8. 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. 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 The State of Andhra Pradesh, rep.by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. Commissioner for Cooperation and Registrar of Co-operative Societies, Skylark Towers, near D.No. 2/16/83, 11th Line Syamala Nagar, Guntur, Guntur District, The District Co-operative Officer, Collectrate Compound, Guntur, Guntur District. The District Cooperative Audit Officer, Syamala Nagar, Guntur, Guntur District, The Deputy Registrar of Cooperative Societies and Divisional Co operative Officer, Guntur, Guntur District. 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, affairs 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 violation of Articles 14, 21 and 300A of the Constitution 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 issued petitioners recommended for inquiry under Section 51 of the Act 1964.

#4. Accordingly, 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 f 3 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 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, Joint Registrar, District Cooperative Officer, vide proceedings in Rc.No.706/2022-C dated

05.06.2023, has directed 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 societies and the petitioner did not violate any rules in force and the 4 respondent-District Cooperative Officer has no power or authority or jurisdiction to give instructions to the Deputy Registrar of Cooperative 6 % Societies and Divisional Cooperative respondent, and the Chjef Executive Officer Bank Limited, who is arrayed as Central criminal and disciplinary action _ the inquiry officer that the bank officials Chief Executive Officer of the respective Officer, who is arrayed as 5 Guntur District Cooperative to initiate civil, 6^*^ responderit ion against the petitioners and the finding of colluded with the Management is false and baseless societies is the finding of inquiry officer that the petitioner Aadhar and pan cards is nothing technically check-up Bank of India from time circulars issued by the Reserve is not able to but violation of to time and the not preferred to check-up in the nearest mee-seva unreasonable and based on no evidence. petitioner kendram is misconceived

#11. And further contended that in bank and there is is no circular in in fact, e-KYC is is not available with the in force which imposes an obligation on the conduct field inspection pads before disbursing the amount of the agricultural land which is which has been Manager to mortgaged to sanctioned and granted by the members and there is is no obligation concerned PACS m favour of the cast upon the officials of the bank for physical verification respective societies surcharge proceedings of the land which was granted by the for the loan ; issued against the employees mortgaged in favour of the PACS and the of the bank in S 7 pursuanMo the report submitted by the inquiry officer under Section 51 the'' Act 1964 without jurisdiction, orders 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 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 respective PACSs is false, baseless 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.) 9 Section" 39 have'' concerned misappropriated should disclose that persons in management persons would be surcharged under this Section. funds, (4) S Balappa v. Co-operative others^ for the proposition that ot bring a case of Section 60, it shouid appear that any person who management of the society or any past Tribunal, Hyderabad and within the has taken part in the or present officer of the society fraudulently retained any money or been guilty of breach of trust in must also appear in the course has misappropriated other property or has relation to the society and it of the audit or enquiry or in the winding up of a society, the said recovered from the concerned an inspection or on amount had fallen due to be person. rnNiTFNTIONS OF THF COUNTER: r^nx/PRMMENT PLEADER_FOR_Rl TO R3 AS PER

#14. Repelling contentions raised petitioners, 2 3 and 5, through the respondents 1 filed their counter and stated that the learned Government Pleader, Chief Executive Officers of the respective PACSs had issued irregular loans holding agricultural land i the area of operation to the persons \A/ho are not of the PACSs by violating bye-law No.6 of the society and Section 19 of the Act 1964, as “ 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

03.12.2021 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 : 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:

#21. The 6 respondent counter through counsel Ms. K.N.Vijaya Lakshmi, and relied on the circular ADM.F.No.1111/ 2019-20

31.05.2019. Clause-8 circular 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 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 parity 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 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 Rc.No.704/2022-C

31.05.2023 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 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 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 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 conducted inquiry as contemplated under the circular and they have 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, followed circular issued 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 loan amount. Therefore, on the touchstone of the judgment in I ♦ 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 notice, advertisement etc. reproduced distribution. Obviously, the material letters were such circular 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 bank account, 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 India has power ensure a fair enforcement of its provisions, by issuing circulars in exercise of its statutory powers under Banking Regulations Act which are binding the authorities in the administration of the Act. I

#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. 4 23

#39. One of decisions referred 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 employees 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. To, //TRUE COPY// SD/-K. SRINIVASA RAJU ASSISTANTj REGISTRAR SEcteTNj'OFFiCER

#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 64 I HIGH COURT .f DATE 0:06/11/2024 ■gf ANDA^ COMMON ORDER X WP.Nos.13829, 23152, 13841 14124, 14126,14131,14134, 14136, 14138, 15186, 15189, 17577, 17579, 17582, 20253 AND 20264 OF 2023 0 7 NOV 207'i Curreni Section ^ -i m Co DISMISSING ALL THE WPs WITHOUT COSTS

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, all the Writ Petitions are dismissed

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Andhra Pradesh Cooperative Societies Act, 1964; Code of Civil Procedure, 1908 — s. 151; ARCS Act, 1964 — ss. 73, 83(3); Andhra Rradesh Cooperative Societies Act, 1964.

Which court decided this case, and when?

Andhra Pradesh High Court, on 06 Nov 2024. The bench was TARLADA RAJASEKHAR RAO.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Andhra Pradesh High Court or eCourts case status (search case no. RE No. 704 of 2022). ← Search more judgments