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2026:APHC:7912
APHC010282032025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 14230/2025
Between:
1. H INDUSTAN SHIPYARD STAFF COOPERATIVE BUILDING SOCIETY LTD., REGD.NO. B-1260, VISHAKAPATNAM, REP. BY ITS VICE PRESIDENT, PANDIRI KRISHNA MURTHY S/O P POLAIAH, AGED 76 YEARS, R/O H NO 9-11-8/4, SHIVAJIPALEM PEDDAWALTAIR, VISHAKAPATNAM-
530017, ANDHRA PRADESH.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, , REP BY ITS.
PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, SECRETARIAT, VELAGAPUDI, ANDHRA
PRADESH.
2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, 11TH LINE,
SYAMALANAGAR, ANDHRA PRADESH, GUNTUR.
3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, VISHAKHAPATNAM.
4. THE JOINT REGISTRAR/DISTRICT COOPERATIVE OFFICER, VISAKHAPATNAM, ANDHRA PRADESH.
5. THE DISTRICT COOP AUDIT OFFICER, VISHAKAPATNAM
6. THE DIVISIONAL COOPERATIVE OFFICER, VISHAKHAPATNAM
7. SRI G V ADHINARAYANA, SENIOR INSPECTOR. SUB DIVISION, VISHAKHAPATNAM/SPECIAL OFFICER.
8. M/S BHAVA ENGINEERING COMPANY, REP. BY ITS MANAGING DIRECTOR, HAVING ITS REGISTERED OFFICE AT 471, SECTOR-21, GURGAON-122 016. (RESPONDENT NO.8 IS A PROFORMA PARTY TO THE PRESENT WRIT
PETITION)
9. M/S KAVERI CONSTRUCTIONS, A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT,1932, REP BY ITS MANAGING PARTNER, MORAM HARINATH REDDY, S/O NARAYANA REDDY, AGED 50 YEARS, O/O FLAT NO.30, E-2, D.NO.18-50, SRISAILAM COLONY, VENGALAYYAPALEM, GUNTUR TOWN, GUNTUR DISTRICT. R9 IS IMPLEADED AS PER THE COURT'S
ORDER DT.18.07.2025 IN I.A.NO.02 OF 2025
10. R AMCO ENGINEERING AND CO, REP BY ITS MANAGING PARTNER KATARI RAMA RAO, S/O LATE RAMA SWAMY,AGED 72 YEARS, FLAT NO.101, VINAYAGAR EVENUE, D.NO.11-3-6/2, GANGAPUR LAY-OUT, NEAR GOVERNORS BUNGALOW, SIRIPURAM AREA,VISAKHAPATNAM-530003, A.P. R10 IS IMPLEADED AS PER THE COURT'S ORDER DT.01.08.2025 IN I.A.NO.04
OF 2025.
...RESPONDENT(S):
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 toto issue any writ or direction more particularly one in the nature of writ of mandamus declaring the orders issued by Respondent No.3 vide bearing Rc No.490/2023/C dated 29-05-2025 as per se illegal. dehors jurisdiction and application of mind and ultra vires, manifestly arbitrary, whimsical, casual and mechanical
capricious, vindictive, unreasonable, preposterous, premeditated, malafide besides being in violation of Principles of Natural Justice and contrary to the Andhra Pradesh Co-operative Societies Act, 1964 and Rules made thereunder, and to consequently set aside the same
and/or to 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 may be pleased to suspend the orders issued by the Respondent No.3 vide bearing Proceedings Rc.No.490/2023/C dated 29-05-2025, pending disposal of the main
Writ Petition, and to pass
IA 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 pleased Pleased to permit the petitioner to be impleaded as Party / Proposed Respondent No. 9 in W.P. No. 14230 of 2025 and also pending Interlocutory Applications therein, in the
interest of justice and pass
IA NO: 3 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 may be pleased to vacate the Interim Order dt. 12.06.2025 passed in I.A.No. 1 of 2025 in W.P. No 14230 of
2025 and also dismiss the Writ Petition and pass
IA NO: 4 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 may be pleased to permit the Petitioner herein to be impleaded as Respondent in the above Writ Petition in
the interests of justice and pass
IA NO: 5 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 may be pleased to vacate the Interim Order dt. 12.06.2025 passed in I.A.No. 1 of 2025 in W.P. No 14230 of
2025 and also dismiss the Writ Petition and pass
Counsel for the Petitioner:
1. AKULA SRI KRISHNA SAI BHARGAV
Counsel for the Respondent(S):
1. JANGALA NAGA VENKATATIRUMALA RAO
2. VEMA RAMANJANEYULU
3. SITA RAM CHAPARLA
4. GP FOR COOPERATION
__________________
NYAPATHY VIJAY,J
Date: 03.03.2026 KLP
The Court made the following:
HON'BLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.14230 of 2025
O R DE R:
1. This Writ Petition is filed questioning the order passed by Respondent No.3 vide Rc.No.490/2023/C, dated 29.05.2025, superseding the Petitioner-Society for deliberate and willful disobedience of statutory directions issued by the Registrar.
2. The facts in brief of the case are that:
The Petitioner is a Society registered under the provisions of the A.P.Cooperative Societies Act, 1964 (for short 'the Act') with a primary object of acquiring land and obtaining layout permissions and allotting plots to eligible members of the Society. It is stated that the Petitioner- Society had developed several layouts and allotted plots to its members in accordance with the approvals and permissions given by the authorities from time to time. It is stated that the Managing Committee of the Society was duly elected on 03.02.2022 pursuant to the General Body Meeting and resolution.
3. While so, on 26.10.2023, Respondent No.3 had issued a notice vide proceedings bearing Rc.No.490/2023/C under Section 54 of the Act. Pursuant thereto, the Petitioner had submitted their reply. Thereafter, Respondent No.3 again issued a letter Rc.No.490/2023/C, dated 18.03.2025 and the same was replied by a letter dated 03.04.2025. Eventually, on 22.04.2025, Respondent No.4 had issued proceedings bearing Rc.No.1405/2023-B (Coop) under Section 52 of the Act, directing a statutory inspection into the Society along with alleged financial irregularities. It is stated that the said proceedings had no legal basis and were initiated only at the behest of strangers, who do not have any nexus to the Petitioner-Society.
4. Thereafter, Respondent No.3 issued a showcase notice under Section 34 of the Act on 06.05.2025 calling upon for an explanation from the President, Vice President and Managing Committee of the Petitioner-Society as to why it should not be superseded for disobedience of statutory directions issued by the Registrar and improper functioning of the Petitioner-Society. It is stated that the President and Vice President had submitted an elaborate explanation to the said notice on 21.05.2025 explaining every aspect of the showcase notice. However, Respondent No.3, without analysing the explanation given by the Petitioner, had passed the impugned order superseding the elected committee. Hence, the present writ petition.
5. In the counter affidavit filed by Respondent No.3, it is stated that numerous petitions have been received from the members and non- members of the Society alleging illicit acts in entering MOU with Respondent No.8. The Officers have noticed grave misdeeds and violations of the provisions of statutory directions issued under Section 4(2) of the Act and Rules and also bye-laws of the Society without tender process and contrary to the statutory directions issued under Section 4(2) of the Act and Rules. It is also stated that there is non- rectification of the defects pointed out during the course of the audit for the last several years by the previous managements and also the present managing committees. The previous management had collected an amount of Rs.30,000/- from each member as corpus fund, but the money is not accounted for. It is also stated that certain members of the Managing Committee have got more than one plot/flat secured in the landed properties of the Society during the term of the concerned Managing Committees, which is in contravention of the Rules and Regulations and the averments and contentions of the Petitioner in the affidavit are totally false.
6. Counter affidavit is filed by Respondent No.8 stating that it had entered into a legally valid Memorandum of Understanding (MOU) dated 02.01.2023 with the Petitioner for development of land measuring Ac.16.00 cents in Sy.No.30 of Vepagunta Village after due negotiations. As per the MOU, the 8th Respondent has to construct the flats adhering to RERA provisions apart from res
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