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 a writ, order or a direction more particularly one in the nature of - Writ of Mandamus (a) declaring the action of the 1St respondent in issuing the Impugned Govt. Memo No.2728371 /Coop.of PACS/60/2025-Coop-II, dated 27.01.2026, vacating the stay granted vide Endt Rc.No.249, dated 11.09.2024, without hearing the petitioner, without notice is highly illegal, arbitrary, unconstitutional and violation of Article 14 of the Constitution of India, set aside (b) declare the action of the 3rd respondent in initiating enquiry U/Sec.51 of the APCS Act, 1964 into the affairs of the petitioner society through Proceedings in Rc.No.808/2024-C(Coop), dt 26.7.2024 is one without jurisdiction is highly illegal, arbitrary and one without jurisdiction and set aside the same

IA NO: 1 OF 2026

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 dispense with the filing of the certified copy of Impugned Govt. Memo No.2728371/Coop.of PACS/60/2025-Coop-I I, dated 27.01 .2026 on the file of the 1st respondent pending disposal of the writ petition

IA NO: 2 OF 2026

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 stay of all further Proceedings in', Rc.No.808/2024-C(Coop), dt:26.7.2024 on the file of the 3td respondent pending disposal of the writ petition

The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.11952 of 2026

O R D E R:

1. The present Writ Petition is filed questioning the Memo No.2728371/COOP.ofPACS/60/2025-COOP-II,dated 27.01.2026, passed by the Respondent No.1, wherein the Respondent No.1 vacated the interim order granted earlier without affording an opportunity to the Petitioner/Society to make its submissions, as illegal and arbitrary.

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

The Petitioner is a Registered Society under the A.P. Cooperative Societies Act, 1964 (for short, ‘the Act'). While so, the Special Cadre Deputy Registrar/District Cooperative Officer, vide Proceedings in Rc.No.808/2024-C/Coop, dated 26.07.2024, appointed an Enquiry Officer to examine the affairs of the Petitioner/Society with reference to the loans sanctioned and disbursed to the members of the Petitioner/Society under Section 51 of the Act.

3. Questioning the same, the Petitioner/Society filed a revision before the Respondent No.1 under Section 77 of the Act. Initially, the Respondent No.1, vide Proceedings dated 11.09.2024, directed the Special Cadre Deputy Registrar/District Cooperative Officer to withhold the enquiry under Section 51 of the Act, pending further orders.

4. Subsequently, vide the impugned Memo dated 27.01.2026, the Respondent No.1 vacated the interim order granted earlier and directed the Special Cadre Deputy Registrar/District Cooperative Officer to proceed with the enquiry under Section 51 of the Act without affording any opportunity to the Petitioner/Society to make any submissions. The copy of this order was also not furnished to the Petitioner. Hence, the present Writ Petition is filed.

5. On instructions, learned Assistant Government Pleader passed on written instructions along with impugned memo. A reading of the said memo does not disclose any hearing given to the Petitioner. It was submitted as per Section 77(1) of the Act, the Registrar or the Government can modify, annul, reverse or remit any decision taken earlier and reconsider the decision and shall pass further orders accordingly. It was submitted that there is no absolute requirement of afford any hearing to the Petitioner. It was contended that upon careful consideration, Government issued Memo No.2728371/COOP. ofPACS/60/2025-COOP-II, dated 27.01.2026,