Section 73 of the Andhra Pradesh Cooperative Societies Act, 1964, does not authorize the attachment of properties held by bonafide third-party purchasers; disputes regarding the source of funds used for purchase must be adjudicated in a civil suit.

(Special Original Jurisdiction)

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 topleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents attaching the property of the petitioner admeasuring 183.33 Sq. Yards in Sy.No.413-6A, 1A1 of T.Narasapuram Village Mandal, Eluru District without considering the ownership of the petitioner, without verifying latest EC and without following the procedure laid down under AP Cooperative Act, 1964 and the rules made there under, furnishing the details of petitioners property to the registration authorities to include petitioners property along with other properties in prohibitory properties list inspite of lack of jurisdiction is illegal, arbitrary and unconstitutional and consequently direct the respondents to lift the attachment in respect of petitioners property and delete petitioners property from prohibitory properties list, in the interest of justice and pass

IA NO: 1 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 pleased pleased to direct the respondents not to conduct auction in respect of petitioner’s property admeasuring 183.33 Sq. Yards in Sy.No.413-6A, 1A1 of T.Narasapuram Village & Mandal, Eluru District, pending disposal of the present writ petition and pass

Counsel for the Petitioner:

1. M P V N V SASTRI

Counsel for the Respondent(S):

1. SURAGANI VIJAYA KUMAR

2. GP FOR REGISTRATION AND STAMPS

3. GP FOR COOPERATION

The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.22192 of 2025

ORDER :

1. The present Writ Petition is filed questioning the order of attachment dated 04.01.2023 vide Rc.No.1/2023 passed by Respondent No.4, in attaching the property of the Petitioner in exercise of powers under Section 73 of the Andhra Pradesh Cooperative Societies Act, 1964 , as illegal and arbitrary.

2. The facts leading to this case are as follows:-

The Petitioner is the owner of a house site admeasuring 183.33 Sq. Yards bearing Plot No.29 in Sy.No.413-6A, 1A1 of T. Narasapuram Village and Mandal, Eluru District, having purchased the same through a registered sale deed bearing Document No.8906/2022, dated 27.10.2022 from his Vendor by name Smt. Tadikelapudi Siva Madhavi (hereinafter referred to as ‘the Vendor’).

3. The Vendor of the Petitioner had in-turn purchased the property admeasuring an extent of Ac.4.45 Cents under registered sale deed bearing Document No.3503/2020 dated 17.08.2020. After purchase, the Vendor of the Petitioner converted the same as non-agricultural land and obtained an approved layout plan from Regional Deputy Director, Rajahmundry vide C.No.1166/2020. The Petitioner as mentioned above, purchased one of the plots in the approved layout.

4. While so, an enquiry was initiated vis-à-vis the functioning of T. Narasapuram Primary Agricultural Credit Societies (hereinafter referred to as ‘the Society’), wherein the husband of the Vendor of the Petitioner by name Sri Tadikelapudi Kishore Kumar was working as CEO. Pursuant to the enquiry, it is stated that the husband of the Vendor of the Petitioner was found at fault with regard to funds of the society, and, consequent thereto, the impugned attachment order was passed by the authorities in exercise of powers under Section 73 of the Andhra Pr