High Court · 2025

Agricultuie, Rl/o.Kuchipudi village, Kodad mandal, Nalgonda District. B. Mandalapu Seshaiah, Sio.Late Venkateswarlu, Aged -55 Agricultuie, Fl/o.Kuchipudi village, Kodad mandal, Nalgonda District. 9. tVlandalapu Srinivasarao, S/o.Late Venkateswarlu, Aged Agricultuie, Rl/o.Kuchipudi village, Kodad mandal, Nalgonda District. -50 . years, Occ 10.1\,4andalapu Srimothi, W/o.Mandalapu Gandhi, Aged !5 years, Occ 1'1 .ll4andalapu Seshu, S/o.Late Mandalapu Gandhi, Agqd -{5 . years' Occ 12. Mandalapu Govindaiah, S/o.Chinna Seshaiah, Aged 98 years, Occ Agricultue, Agricultuie, Rl/o.Kuchipudi village, Kodad mandal, Nalgonda District. Agricultuie, RJo.Kuchipudi village, Kodad mandal, Nalgonda District. years, Occ R:/o.Kuchipudi village, Kodad mandal, Nalgonda District.

13.Chapa Narsamma, Wo.Pullaiah, Aged 60- years, Occ Agriculture, R/o.kuchipudi village, Kodad mandal, Nalgonda District.

14. Shiramshetty Thirapaiah, S/o.Muthaiah, Aged 65 years, Occ Agriculture, Rl/o.Kuchipudi village, Kodad mandal, Nalgonda District. ...PETITIONERS AND 1 The Manager (Legal cell), and Sales Officer Nalgonda District Central Co- operative Bank Ltd., Nalgonda a 4 q b 7 The District Registrar Co-operative Societies, Nalgonda. Nalgonda District. The Deputy Registrar of Co-operative Society, and Officer on Special Duty (under FR 127 terms) NDCC Bank Ltd., Nalgonda, Nalgonda District. The Revenue Drvisional Officer, Suryapet, Nalgonda District. The Tahsildar, Kodad Mandal, Nalgonda District. The Village Administrative Officer, Kuchipudi village and Gram panchayat, Kodad manda , Nalgonda District. The Primary Agricultural Co-operative Society Limited, Kodad rep.by its Chief Executive Officer Kodad mandal, Nalgonda District. ...RESPONDENTS Petition unde" Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature of writ of mandamus declarinll the action of the respondents in issuing attachment notices in E.P.No.628 of 2a12, E.P.No.627 of 2012, E.P.No 620 of 2O12. E.P.No.624 of 2012, E.P.No.626 ct 2012, E.P.No.621 of 2012 and E.P.625 of 2012 that too against the dead person i.e., Shiramshetti t\,4uthaiah, lrlandalapu Naraiah, Mandalapu Venkateswarlu and lvlandalapu Gandhi dated '18-7-2013 and putting open auction on 26-8-2013 and 27-8-2013 in respect of petitioners agricultural lands covered by E P.No 628 of 2012, E.P.No.627 of 2012, E.P.No.620 of 2012, E.P.No.624 of 2012, E.P.No.626 of 2012, E.P.No.621 of 2012 and E.P.625 of 2012 on the file of 3rd respondent as illegal, arbitrary, unlust and against the principles of natural justice and against Article 300-4 of Constitution of lndia and also against the provisions of A-P.Cooperative Societies Act 1964 and set aside the same and consequential directrons to the respondents not to auction the petitioners agricultural lands without following due'process of law l.A. NO: 1 OF 2013 'i,l/PMP. NO: 30422 OF 2013 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the impugned notices of attachment dated 18-7-2013 including holding of the public auction dated 26-8-2013 and 27-B-2013 in respect of the petitioners lands covered by E.P.No.628 ol 2012, E.P.No.627 of 2012, E.P.No.620 ot 2012, E.P.No.624 ot 2O12, E P.No.626 of 2012, E.P.No.621 of 2012 and E.P.625 of 2012 on the file of 3rd respondent pending disposal of the above writ petition l.A. NO: 2 OF 2013(WPMP. NO: 30423 OF 2013 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 grant stay of all further proceedings in E.P.No.628 of 2012, E.p.No.627 of 2012, E.P.No.620 o'( 2012. E.P.No.624 of 2012, E.P.No.626 of 2012, E.P.No.621 of 2012 and E.P.625 of 2012 on the file of 3rd respondent including dispossession of the petitioners from their lands covered by E.P.No.628 of 2012, E.P.No.627 of 2012' E.P.No.620 of 2012, E.P.No.624 o'f 2012, E.P.No.626 of 2012, E.P.No.621 of 2012 and E.P.625 of 2012 on the file of 3rd respondent pending disposal of the above writ petition l.A. NO:3 OF 2013(WPMP. NO:31175 OF 2013) Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to file the additional affidavit in WP No. 2469412013. Gounsel for the Petitioners: SRl. V BRAHMAIAH CHOWDARY REP., FOR Ms. B. MADHAVI Counsel for the Respondent Nos.1 to 3 &7: GP FOR COOPERATION Counsel for the Respondent Nos.4,5&6: GP FOR REVENUE The Court made the following: ORDER -r THE tr{ON'BLE SMT. JUSTICE T. MADHAVI DEVI \\RIT PETITION No.2469 4 of 2lll3 ORDER: This Writ Petition is filed seeking the following reiiet "...to issue a writ or order more particulttrly one in the nature of writ of mantlamu.s deciaring the iction of the respondents in issuing attachmeitt notices in E P.No.628 of 2012, E.p.No.627 of 20t2, E.p.No.620 of 2!y,E.P.No.624 of 20t2, E.p.No.626 o.f 2012, E.P.No.621 of 2012 and E.p.625 of 2012 that too against the dead person i.e., Shiramshetti Muthaiah, ,\lanialapu \araiah, Mandalapu Venkateswarlu, and,\[andalipu Gandhi dated l8-7-20t3 and putting open auction on 26_ 8-2(113 and 27-8-2013 in respect of petitioners agricultural lands covered b1t E.p.No.62g of 2012, E.P.No.627 of 2012, 8.P.No.620 of 20t2, E.p.io.624 of 2012, E.P.No.626 of 2012, E.p.No.62l ol 20t2 and E.P.625 of 2012 on the file of 3d respontlent a.s illegal, arbitrury, unjust and against the principles of natural justrce and against Article 300-A of'Constitution of India and also against the provisions of A.p.Co-oierative Societies Act, 1964 and set aside the same and cortsequential directions to the respondents. not to auction the petitioners agricultural lands without following due process of law and to pass..."

2. Learned counsel for the petitioners submitted that the grievance of the petitioners is that these attachment notices have been issued against \ \ 2 the persons who were already dead. The petitioners have also filed the copies of the death certificates of the defaulters in respect of whom the .\ attachment notices have been given.

3. The respondents have not filed any counter affidavit.

4. On perusal of the death certificates filed along with the writ affidavit, this Court is satisfied that the respondents cannot proceed against the dead persons and since thc defaulters are dead, the impugned notices are all set aside with liberty to the respondents to proceed against the legal heirs of the defaulters.

5. With the above directions, this Writ petition is disposed of. There shall be no order as to costs. Miscellaneous applications, if any, pending in this Writ petition, shall stand closed. I I //TRUE COPY// SD/- K.SREERAMA MURTHY S ISTANT REGISTRAR SECTION OFFICER To, '1 . The Mana operative ger (Legal cell), and Sales Officer Nalg Bank Ltd., Nalgonda a District Central Co-

2. The District Registrar Co-operative Societies, Nalgonda, Nalgonda District. 3. The Deputy Registrar of Co-operative Society, and Officer on Special Duty lunder fR izz t'erms) NDCC Bank Ltd., Nalgbnda, Nalgonda District

4. The Revenue Divisional Officer, Suryapet, Nalgonda District. 5. The Tahsildar, Kodad Mandal, Nalgonda District. ,/6 The villaqe Administrative officer, Kuchipudi village and Gram panchayat, Kodad mZndal, Nalqonda District

7. The Chief Executive, Primary Agricultural Co-operative Society Limited' Kodad Officer Kodad mandal, Nalgonda Distncl'

8. One CC to SRl. V BRAHTUAIAH CHOWDARY Advocate [OPUC] 9. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

10.Two CCs to GP FOR COOPERATION ,High Court for the State of Telangana. [OUT] 1 1 . Two CD CoPies KKS GJP q- I HIGH COURT DATED:04102t2025 l \ I F J IHa S lt. 12lu[ 2W (i I t' ORDER WP.No.24694 of 2013 D4TcHEo DISPOSING OF THE WRIT PETITION WITHOUT COSTS \5 .16"4k*