✦ High Court of India · 18 Jul 2025

The High Court · 2025

Case Details High Court of India · 18 Jul 2025
Court
High Court of India
Decided
18 Jul 2025
Length
2,590 words

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support otin" p"tltiJn' tftt.Hls.l Court may be pleased to grant A:No'1/2025 in ccNo'930/2025' stay of operation ot tne'J'oei ["t"J i" .l dated.13.6.2025 pending oi.porur [iir," r-pn in-the interests of justice and pass Counsel for the Appellants: GP FOR AGRICULTURE AND COOPERATION Counsel for the Respondent: SRI HEMENDRANATH REDDY' Senior Counsel ,:1: t- LETTER PATENT APPEAL NO: 5 0F 2025 Appeal Under Clause 15 of the Letters patent Act aggrieved by the order dated 13-06-202s in l.A.No. 1 of 2o2s in c.c.No. gz7 of 2dis on the fite of the High Court . Between:

1. M Raghunandan Rao, l_A S._ 56 years, principal Secretary, Department of Agriculture and cooperation, Terangana state secretariat, uvoeiiSao. 2. K. Surendra lvlohan lA.S., S/o. K. padmaiah, aged about 54 years, occ. comm issioner for cooperatio n and negistrir' oi "coop"irtir" -st"ffi Gruhakatpa Bhagya Nagar Society Colony, Nimpally, nVOeiJOiA'- ", - ' ...AppELLANTS/ Respondents AND Badavath Tarachand Naik, S/o Badavath lgdlVa Naik. aged about 55 years, Occ Ex-President of DC[\/S, Nizamabad, R/o. Fi. tto. .li_1"-933, New frtdOC-' uorony, Ntzamabad, Nizamabad District, Telangana 503 001 ...RESPONDENT/ Petitioner lA NO: 2 OF 2025 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 preased to go"t stay of operation of the order passed in I.A No.1/r025 in c.c No. szltzozs,,;^tea 13-06-2025 pending disposal of the LpA in the interests of justice counsel for the Apperrants: Gp FoR AGRTcuLTURE AND coopERATroN counsel for the Respondent: sRr HEMENDRANATH REDDY, senior counser . - )--,.,,._ _,r$.. L.. jl*, ::i... :_,. $.t: LETTER PATENT AP PEAL NO t60F 2025 Appeal Under Clause 15 of the Letters Patent Act aggrieved by the order dated 13-06-2025 i"ilA'ftf.. 1 of 2025 in C'C'No' 929 ot 2025 on the file of the High Court. Between: 1 tvl- Raohunandan Rao l.A.S , Age 56 Years' Principal Secretary' Department ;i d?i.,it#;;;; C;;p";;ii; ;, 1;r ing a n a siate Secretariat' Hvdera bad' K. Surendra tvlohan, l.A.S', S/o K- Padmaiah' aged. about 54 years" Occ' Commissioner for Cooperairoi anO negistrar 5f Cooperative Societies' Eirr'rr.lripJ er'rgi, Nigl, soiietvCotonv'\ampallv' Hvderabad' ...APPELLANTS/ ResPondents AND Allala Srikanth Reddy, S/o. Raiireddy aged a!^o-ut ^47 i;iJ.Liiili'"iiicN,tS (irimnagdr F/o'H No 4 505425 years Occ: Ex - ...RESPONDENT/ Petitioner IA NO:2OF 2025 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support-ot lfre petiiion' tnl uign Court mav be pleased to qrant stay of operation ot tfil t'O"i passed in I 4 N9 ] t2O25 in C'C No 929i2025' ;;;;A16;0r"5 plnding oisposar of the LPA in the interests of justice and pass Counsel for the Appellants: GP FOR AGRICULTURE AND COOPERATION Gounsel for the Respondent: SRI HEMENDRANATH REDDY' Senior Counsel LETTER PATENT APP EAL NO :7 OF 2025 Appeal Under Clause 15 of the Letters Patent Act aggrieved by the order dated 13'06'2025 irr i'i'il;' i of 2025 in C'c'No' 926 ot 2o25 on the file of the High Court . Between:

1. M. Raqhunandan Rao, l A S , Age 56 years' Princioal Secretary' Department ' ;i'A;;iliffi;';ft d;#;ii"h: i;a"s;; siate secretariat' Hvderabad' 2. K. Surendra Mohan, l'A'S" S/o' K Pa.dmaiah' Aoed about 54 years' Occ' commissioner to|. cirt'pEi'ri.i' and Reglstrar df cooperative societies, ilh;d6; Bi''rdv, ilI6"i soiietvcotonv'\ampallv' Hvderabad' "'APPELLANTS/ ResPondents l I l l I AND 4 Malkapuram Shiva Kumar S/o. M Eshwaraiah, Aged aboul 47 years, Occ. Ex-President of DCMS. u"auf mo. ii.'r.r1. i:'d'21'Ei"rr!pa1y. Jharasansam Mandal, Medak, Telangana 502 321 . ...RESPONDENT/ petitioner lA NO: 2 oF 2025 Petition under section 151. of cpc praying that in the circumstances stated in the affidavit fired in support of the petiiio;, th"e- H-igh court may be preased to grant stay of operation of the order passed in t.n rrto. ilzozs in c.c. No.926/2025, dated.13t6l2025 pending disposal otifre I_pn in ine iiterests of justice . Counset for the Appe,ants: Gp FOR AGRICULTURE AND COOPERATION Counsel forthe Respondent: SRI HEMENDRANATH REDD', Senior Counsel LETTER PATE NT APPE AL NO: 8 oF 2025 Appeal Under Clause 15 of the Letters patent Act aggrieved bv the order dated 13-06-202s in r.A.No. 1 0f 202il;-;.i.N". sz+'oi io"ii'"r?#r" .r the High Court Between:

1. M Raghunandan Rao, l.A.S., Ag_ed 56 years, principal Secretary. Department of Agricutture ard Cooperatio", iJr;#;;'Siate secrerariar, Hyderabad. 2. K. Surendra Mohan, LA.S., S/o. K. padmaiah, aged about 54 years, Occ. commissioner ro'" booperrtio; ;;i Rlrsri;il; & c""i"LiirJ s"'iia''t,.", G ruha katpa Bhagya t{agb r SoCiery CJronylrr.t"rrip, rry, Hyderabad. AND ...APPELLANTS/ Respondents Patolla Krishna Reddv. S/o p i" i io u ni oi' ot'Ni:: H#s: F;#i,:'$[:fl : R,F"d';;;'s;; n;';sIHBloni;i;;d;;;'" "' : :H'AflSl$SAiifii"?n|"",iglo", %"9X?Bq I q vea rs, o cc E x- v* "1 lA NO: 2 oF 2025 petition under section 151 0f cpc praying that in the circumstances stated h the affidavit fired in support or *re petiiion, itie''u]gn court may be preased to grant stay of operation of the order passed in i.n.f.fo.f IZOZS in C.C.No.924l202s, dated.13.6.2025 pending disposat of ine f_pa in ir," iit"r"rt, of justice. l r'i I -g Counsel for the Appellants: GP FOR AGRICULTURE AND COOPERATION Counsel for the Respondent: SRI HEMENDRANATH REDDY' Senior Counsel LETTER PATENT APPEAL NO:9 oF 2025 Appeal Under Clause 15 of the Letters Patent Act aggrieved by- the order dated 13-06-2025 in i.a.tto. 1 of 2025in c.c.No. 925 ot 2025 on the file of the High Court Between:

1. M. Raghunandan Rao, l.A S , Aged 56years' Princioal Secretary' Department ' ;iA;;Z;lt,;;" i"o cJi'plr?rir;, T;|,;s;"" State Secretariat' Hvderabad' 2.K.SurendraMohan'l.AS.,S/oKPldmaiah'agedabout54ye-ars'Occ commissioner to.. bo6iEilt.ri ano Reglsrar oi cooperative Societies, eirr'uirrpi Bhagya r'ligii Societv Colony'\ampally' Hvderabad' '..APPELLANTS/ ResPondents AND Thippani Lingaiah, S/o. Veeraiah' aged a.bout 62 yea$' Occ Ex-Prqsident of Dc[,is, i;iirffi; i/". H.'N;,lsi, v6nr"traopet, Adilabad District, Telangana 504 215 ...RESPONDENT/ Petitioner lA NO: 2 oF 2025 "t "plration PetitionunderSectionl5,lofCPCprayingthatinthecircumstancesstated in the affidavit filed in support of the petiiion' the High Court may-be p]99t^"!^t' ot ihl oraer passed in l-A No'1/2025 in C'C'No'925/2025' g;i#y Eui"o.ia.o.zozd pending disposal of the LPA in the interests of justice ' Counsel for the Appellants: GP FOR AGRICULTURE AND COOPERATION Counsel for the Respondent: SRI HEMENDRANATH REDDY' Senior Counsel ': 6- LETTER PATE NT AP PEAL NO: 10 0F 2025 Appeal Under Clause 15 of the Letters patent Act aggrieved by the order dated 13-06-2025 in r.A.No. 1 0f 2025 in c.G.No. sze or zdis on1-h#r" ot the High Court Between: 'l . M Raghunandan Rao, I.A.S_, Ag_ed 56 years, principal Secretary, Department of Agricutture and Cooperation,ielangana Siate selietiriii, iiye;;riffi. "' 2. K. Surendra Mohan, l.A.S., S/o. K. padmaiah, aged about 54 years. Occ. commissioner for cooperation uno n"gir[i* di"c""p"lriiiJ"sl?i#", Gruhakatpa Bhagya Nagir Society Colonv,"Nrmpaily, itJ;;b;;. .-"-".. AND ...APPELLANTS/ Respondents Patla Prabhakar Reddv. S/o. p. Kishta Reddy Aged about 63 years, Occ. Ex_ president of DCMS, virroooonagii;'Ry,;. i;'N;:iB;T, ii,;;;;rdi.vii'"#l nuirpu,. Mandal, Mahaboobnagar Oistrict]idtangrr, s6b 3a'0." ...RESPONDENT/ petitioner IANO:2O F 2025 Petition under Section _151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, ir'""nigh corrt may be preased to grant stay of operation of the order passed in t.nlruor/zozs in c.c.No.928/2b25, dated.13.6.2025 pending disposal of the LpA in the lnterests of justice. counsel for the Appeilants: Gp FoR AGRTcuLTURE AND coopERATroN Counsel for the Respondent: SRI HEMENDRANATH REDD', Senior Counsel The Court made the following Common Judgment : T THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SMT. JUSTTCE TIRUMALA DEVI EADA L.P.A. Nos.4.5,6 n,8, gAND 10 oF 202s COMMON TUDGMENT: (Per Hon ble Sri Justice Abhinand Kumar Shavili) Since the issue involved' in all these appeals is one and the same, all these appeals are being heard together and disposed of by way of this commoniudgment'

2. All these appeals are filed aggrieved by the orders' dated t3.06.2025,passed in I'A'Nos'l of 2025 in C'C'Nos'930'927'929'926' g24,925 anJ928 of 2AZ5by a learned Single Judge of this Court'

3. Heard the learned Government Pleader for Agriculture and Cooperation appearing for the appellants and Sri Hemendranath Reddy, Iearned Senior Counsel' appearing for the respondents'

4. For the sake of convenience' the facts in L.P.A.No' of 2025 are hereunder discussed 5 It is the case of the appellants that the State Government has issued G.O.Rt'No'75, dated '14'02'2025' wherein the State 2 AKS,J & ETD.J L.P.A.No.4 of 2O25 & batch Government has taken a policy decision to appoint Additional Collector (Revenue) as person In-Charge Committee for the District Cooperative Marketing Society of the respective Districts, for a period of six months from the date of completion of their respective terrure or ti' furtrrcr orders of the Government. Charenging the said G.O., the respondent along with others approached this Court by filing W.p.No.6617 of 2025. In the said Writ petition, the respondent along with others filed I.A.No.1 of 2025 seeking to appoint them as person In-Charge Committee. The rearned si.gre iudge uide order, dated 72.03.2025, in I.A.No.1 of Z025,was pleased to pass a detailed interim order suspending G.O.Rt.No.75, dated 74.02.2025, and further, directed the appellants to continue / appoint the respondent and other petitioners in W.p.No.6617 of 2025 as Person tn-Charge Committee.

6. It is further case of the appellants that alleging that the appellants have not complied with the said order, dated 12.03.2025, the respondent has f,ed C'C.No.930 of 202s on04.04.202s. Notice in the said Contempt Case was received by the appellants on * -f_1'- Ya'*r.:*- ,, l 3 AKS,J & ETD,J L.P.A.No.4 of 2025 & batch o2.o5.2[25.Before receiving notice in the said Contempt Case' the appellants have filed vacate stay application i'e I'A'No'2 of 2025' in W.P.No.6617 of 2025 on25'04'2025' While so' th1 respondent filed I.A.No.1 of 2025 in C'C'No'93 0 of 2025 seeking to appoint him and other petitioners in W'P'No'6617 of 2025 as Person In-Charge Committee. The learned single judge ttide impu:gned order' dated 13.06.2025,allowed the said I'A'No'1 of 2025 in C'C'No'930 of 2025 and clirected the appellants to implement the order' dated 12.03.2025, without appreciating the fact that the appellants have already filed vacate stay application in the said Writ Petition'

7. Learned Government Pleader appearing for the appellants had contended that when vacate stay applications are filed in the writ Petitions, the learned single Judge could not have proceeded with the Contempt Cases alone' The learned Single Judge ought to have heard the Contempt Cases along with the vacate stay applications, as per the law laid down by the Honourable Supreme Court in State of )ammu & Kashmir v' Mohd' Yaqoob Khan and 4 AKS,J & ETD,J L.P.A.No 4 of 2025 & batch othersl, wherein the Honourable Supreme Court has categorically heid that whenever vacate stay application is filed, Contempt Case is to be heard alorrg with the vacate stay application. Admittedly, in ihe instant cases, the learned Single |udge proceedetl with the Contempt Cases without hearing the vacate stay applications. Therefore, appropriate orders be passed in the appeals by directing the leained singie ]udge to hear the Contempt Cases along with the vacate stay applicatior.rs, othern,ise the appellants woulcl be put to irreparabie loss and hardship.

8. On the other hand, learnecl Senior Counsel appear.itlg for the respondcnts had contended that the Honourable suprcn-.e Court has categorically heid that e'en if the Court order is right or wrorrg, it has to be imp;lemented in the first instance. Admitteclly, in the instant cases, the iearned Single Judge lvas pleaseC to pass a detailed interlocutory order on 12.02.2025 after contest and therefore, the question of not implementing the said order woulci not arise and the appellants are bound to irnplement the said order. ' lreoz; + scc r e; 5 AI{S,J & ETD,J L.P.A.No.4 of 2025 & batch Even if the said order is vacated, the appellants are bound to implement the said order, otherwise the appellants would be violating the Court order. Therefore, the learned Single Judge has rightly directed the appellants to implement its earlier order' Further, the learned Single Judge has not passed any adverse order against the appellants and therefore' the question of entertaining the present appeals would' not arise' Therefore' there are no merits in the appeals and the same are liable to be dismissed'

9. This Court, having considered the rival submissions made by the learned counsel for the parties, is of the considered view that the Iearned Single Judge oide irnptgned orders' dated 13'06'2025' directed the appellants to implement its earlier interlocutory order' dated 12.03.2025, passed in the Writ Petitions' The learned Single ]udge has not passed any adverse order against the appellants' Therefore, this Court is not inclined to interfere with the impugned orders, dated 13.06.2025' However, in view of the law laid down by the Honourable Supreme Court in Mohd' Yaqoob Khan's case (supra), the leamed Single judge ought to have heard the Contempt 6 AKS,J & ETD,J L.P.A.No.4 of2025 & batch Cases along witl-r the vacate stay applications filed in the respective Writ Petitions.

10. At this stage, we were informed that the Contempt Cases and the vacate stav applications are coming up before different learned Single Judges, as per roster. Therefore, this Court is of the view that the present appeals can be disposed of requesting the learned Single Judge to hear the Contern-pt Cases along with the vacate stay applications. In view of the same, the Registry is d-irected to post the Contempt Cases along with the vacate stay applications filed in the respective Writ Petitions before appropriate Bench, after obtaining necessary orders from the Honourable tl-re Acting Chief |ustice. The Iearned Single Judge is requested to dispcse of the Contempt Cases and vacate stalr app1i.u,ions, as expeditiously as possible, preferably within a periocl of four (4) weeks from today.

12. With the above observations/directions, all the appeals are disposeci of. There shall be no order as to costs I '7 AKS,J & ETD,J L.P.A.No.4 of 2025 & batch Miscellaneous Applications, if any, pending in these appeals shall stand closed. sD/- K. SRINIVASA RAO JolNr REGISTRAR / t //TRUE COPY// fu-" SEC FFICER to''r. ' ,. Raghunandan Rao' l'A'S ' Principal S-ecretayj^?:I"n*"nt of Agriculture ,"0 C6"p"ration, teiantana State Secretariat' Hvderabad'

2. K. Surendra Mohan, IA S ' S/o K' Padmaiah' Commissioner for Cooperation and Registrar ot Co"&."riiu-""So"t"ti"i, Gruirakalpa Bhagya Nagar Society ColonY, NamPallY, HYderabad'

3.TwoCCstoGPFoRAgricultureandCooperation,HighCourtfortheState of Telananan at HYderabad-

4. The dection Officer, O S Section' High Court for the State of Telangana at HYderabad.

5. one cd[yrrrrlrrtrDRANATH REDDY' Senior counsel(oPUC)

6. Two CD CoPies kuVPSL W t I I HIGH COURT DATED:1810712025 ;;;1,:. AU6 z0i5 /,;i,, /).;-\ ' liaii ?2 COMMON JUDGMENT LPA.Nos.4, 5, 6, 7, 8, 9 and 10 ol 2Q25 DISPOSING OF THE ALL APPEALS WITHOUT COSTS $ 4D CT

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