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2024 Supreme(Online)(AP) 5366

HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRSENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15893 OF 2023 Between:

1. MUTHYALA VENKATESWARA RAO S/o Muthyala Manikyam, Aged about 67 years, Ex- Chairman of The Eluru District Co-operative Central Bank Limited, Eluru District, R/o. Kuppanapudi, Near Sai Baba Temple, Akiveedu Mandal, Eluru District ...PETITIONER(S)

AND:

1. The State of Andhra Pradesh Rep. by its Principal Secretary, Agriculture and Co-operation Department , A.P Secretariat at Velagapudi, Amaravathi, Guntur District

2. The Commissioner for Cooperation and Registrar of Co-operative Societies Amaravathi, Guntur District

3. The Deputy Registrar Inquiry Officer The District Co-operative Central Bank Ltd., West Godavari District at Eluru

4. The District Co-operative Officer Eluru District at Eluru

5. The District Co-operative Central Bank Limited Eluru Rep by its Chief Extcutive Officer at Eluru

6. The District Collector Eluru District at Eluru

7. Deputy Registrar Officer on Special Duty The District Co-operative Central Bank Limited, Eluru ...

...RESPONDENTS Counsel for the Petitioner(s): SODUM ANVESHA Counsel for the Respondents: GP FOR COOPERATION The Court made the following: ORDER HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.15893, 18558, 23177 and

23264 of 2023

COMMON ORDER:

1) All these petitions are filed claiming same relief by different petitioners, but the issue involved in these petitions is one and the same. Therefore, I am of the view that it is appropriate to decide all the petitions by common order taking Writ Petition No.15893 of

2023 as leading petition.

2) W.P. No.15893 of 2023came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue an appropriate Writ, order or direction mostly one which is in the nature of a Writ of Mandamus declaring the Orders of the 2nd Respondent vide File No.AGC06- 170261/1/2019-APCOBDCCB-CCRCS dated 29.03.2023 and the consequential orders of 7th Respondent vide Rc.No.9/2023/DCCB dated 21.06.2023 as illegal, irregular, without jurisdiction, violative of principles of natural justice, arbitrary, unjust, unconstitutional and unsustainable and set- aside the same in so far as the petitioner is concerned and pass....”

3) The brief facts of the case are that the petitioner is Ex-Chairman of the Eluru District Co-operative Central Bank Limited, Eluru District. The District Co-operative Central Bank was registered on 18.11.1918 and commenced its banking business on 30.11.1918 and granted license to respondent No.5 – The District Co-operative Central Bank Limited, Eluru under Section 22 of Banking Regulation Act, 1949 vide RBI letter No.RPCD.Hyd/82-C dated 25.08.1997 and subsequently the Bank was issued revised license vide letter No.RPCD (H)/Coop/22/05.08.03/ 2011-12 dated 06.02.2012. Since then, respondent No.5 is functioning as per the aims and objects with which it is formed. The petitioner was elected as the President of the Bank and 20 others were elected as the Members of the Managing Committee in the elections held in 2013 and started functioning from 19.02.2013. The term of the Managing Committee is 5 years i.e. from 19.02.2013 to 17.02.2018 as per the provisions of A.P. Co-operative Societies Act, 1964 (for short “the Act”).

4) However, the Government after competition of the tenure of 5 years has extended the term of Managing Committee from time to time through proceedings vide Rc.No.1447/2018-Cr1 dated 16.02.2018 for a period of 6 months, and subsequently through proceedings vide Rc.No.1447/2018-Cr1 dated 17.08.2018 for another period of 6 months and through proceedings vide Rc.No.1447/2018-Cr1 dated 12.02.2018 for a period of another 6 months and thus continuing the term of Managing Committee to up to 03.08.2019. Thus, the petitioner discharged his duties as the President of the Managing Committee of Respondent No.5 right from 18.02.2013 to 03.08.2019. The share capital was hardly Rs.75.00 crores in 2013, the same has been increased to Rs.111.00 crores in 2017. The fixed deposits that were hardly Rs.595.00 crores in 2013 and the same was increased to Rs.1199.00 crores in 2017. The working capital got increased from Rs.1759.00 crores to Rs.2600.00 crores. Respondent No.5 Bank is able to stand at good competition with any other nationalized banks business in the District.

5) While the things stood thus, upon the news published in the Eenadu Telugu daily newspaper on 04.01.2019 alleging sanction of Rs.20.00 crores of bank guarantee without mortgaging the secured properties in Elamanchili Branch, respondent No.4 verified the information furnished by bank authorities and submitted his report to respondent No.2 vide File No.DCO-CR- 2/1/2019-CREDIT1-DCO-WG, dated 09.01.2019 of the District Cooperative Officer (FAC), Eluru, West Godavari District, requesting to order an Inquiry under Section 51 of the Act, 1964. On such request, respondent No.2 appointed an Inquiry Officer under Section 51 of the Act vide Proc.Rc.No.10804/2018-Cr.2, dated 18.01.2019 to look into the affairs of the District Cooperative Central Bank Limited, West Godavari District, Eluru, and the report of the said inquiry officer was submitted on

19.05.2020.

6) Thereafter, respondent No.2, after considering the inquiry report, through letter

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