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CDJ 2026 APHC 1557 My Notes print Preview print print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 10268 of 2023
Judges: THE HONOURABLE MR. JUSTICE BALAJI MEDAMALLI
Parties : Ravuri Dileep Kumar Versus The State of Ap, Rep. by its Principal Secretary to Government, Andhra Pradesh & Others
Appearing Advocates : For the Petitioner: CH.S.V. Suraj, Advocate. For the Respondents: GP for Cooperation.
Date of Judgment : 17-08-2026
Head Note :-
Constitution of India - Article 226 -
Judgment :-

(Prayer: Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the 3rd Respondent in issuing the proceeding Rc.N0163/2023C dated 04.02.2023, where in the 3rd respondent, ordered for conduct of Statutory Inquiry Under Section 51 of the APCS Act 1964 into the affairs of the 5th Respondent society, and to declare the same as illegal, arbitrary, unconstitutional and contrary to the Provisions of the Andhra Pradesh Cooperative Societies act and rules made there under and consequently set aside the 3rd Respondent proceeding Rc.N0163/2023C dated 04.02.2023 and to pass

IA 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 all further proceedings in pursuance of the 3rd Respondent proceeding in Rc.N0163/2023C dated 04.02.2023 pending disposal of the writ petition and pass such other order o pending disposal of the above writ petition and to pass

IA NO: 1 OF 2024

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 leave for filing counter affidavit in the writ petition No.10268 of 2023 and pass)

1. The present Writ Petition is filed challenging the initiation of proceedings under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, “the Act”), for conducting an enquiry pursuant to the proceedings in Rc.No.163/2023C, dated 04.02.2023.

2. The learned Assistant Government Pleader has filed a counter-affidavit. In paragraph No.6 thereof, it is contended that, pursuant to the ordering of an enquiry under Section 51 of the Act, the Periodical Inspection Officer, who conducted the inspection for the period from 01.04.2022 to 31.03.2023, submitted a report stating that the petitioner had retained with him a credit cash balance of Rs.3,18,541/-, a non-credit cash balance of Rs.4,30,037/-, and a Super Bazaar cash balance of Rs.4,04,701.48/-. It is further contended that, in terms of Bylaw Nos.29(vii), 29(xi) and 29(C)(ii), the petitioner is liable for the aforesaid amounts and, therefore, cannot dispute his liability. As such, the enquiry has been concluded under section 51 of the Andhra Pradesh Cooperative Societies Act, 1964.

3. In view of the aforesaid submissions, the learned counsel appearing for the petitioner submits that, upon receipt of the enquiry report, the petitioner would avail himself of such remedies as are available to him in law for redressal of his grievance.

4. Recording the aforesaid submission, no further adjudication is warranted in the present Writ Petition at this stage. Accordingly, the Writ Petition is dismissed as infructuous. It is, however, made clear that the dismissal of the Writ Petition shall not preclude the petitioner from availing such remedies as may be available to him in law, in accordance with law. There shall be no order as to costs.

Consequently, any interim orders granted earlier shall stand vacated. Pending miscellaneous applications, if any, shall also stand closed.
 
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