Andhra Pradesh High Court – Amravati
Kotagiri Radha Krishna Rao vs The State Of Andhra Pradesh on 3 July, 2026
Date of reserved for orders : ----
Date of pronouncement : 03
03-07-2026
Date of uploading : 06
06-07-2026
APHC010332192026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3458]
(Special Original Jurisdiction)
FRIDAY, THE 3rd DAY OF JULY 2026
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 17790/2026
Between:
1. KOTAGIRI RADHA KRISHNA RAO, @ RADHA KRISHNA KISHORE,
S/O. LATE KOTAGIRI M.D.K. GANDHI, AGED ABOUT 55 YEARS,
OCC BUSINESS, R/O.H.NO.3
R/O.H.NO.3-13,
13, RAMALAYAM CENTER,
KAMAVARAPUKOTA
AMAVARAPUKOTA VILLAGE AND MANDAL, ELURU/WEST
GODAVARI DISTRICT, ANDHRA PRADESH.
PRADESH.-534449
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, AGRICULTURE AND CO-OPERATION
CO OPERATION DEPARTMENT,
SECRETARIAT, AMARAVATHI, ANDHRA PRADESH. 522237
2. THE DISTRICT COOPERATIVE OFFICER DCO, ELURU/WEST
GODAVARI DISTRICT, ANDHRA PRADESH.
PRADESH.-534001
3. THE SURCHARGE OFFICER/DEPUTY REGISTRAR OF
COOPERATIVE SOCIETIES, NIZVID, ELURU/WEST GODAVARI
DISTRICT, A.P.-534001
534001
4. M/S KAMAVARAPUKOTA LARGE SIZED COOPERATIVE CREDIT
SOCIETY, (LSCS) H-878,
878, REP. BY ITS CHIEF EXECUTIVE OFFICER,
(C.E.O.,), KAMAVARAPUKOTA VILLAGE AND MANDAL,
ELURU/WEST GODAVARI DISTRICT, ANDHRA PRADESH.
PRADESH.--534449
2
...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 to issuance of an appropriate Writ, Order, or direction more
particularly one in the nature of Writ of Mandamus, by declaring the action of
the Respondent No.3, in rejecting the recall petitions, filed seeking to recall of
Assistant Registrar/Section 51 Inquiry officer and Ex-Chairperson of 4th
Respondent for further cross-examination vide Rc.No.857/2022/C/SN-1 and
6, dated 27.06.2026 respectively and also not providing Documents and
Information even after making request letter dated 22.05.2026 under Right to
Information Act., 2005, as illegal, arbitrary and contrary to the principles of
natural justice, violative of Fundamental Rights guaranteed under Article 14
and 21 of the Constitution of India and contrary to the provisions of Right to
Information Act, 2005 and contrary to the provisions of the Andhra Pradesh
Cooperative Societies Act, 1964 and Rules made therein and pass
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 to
stay all further proceedings in Rc.No.857/2022/C/SN-1&6 in respect of
Petitioner herein, pending disposal of the above Writ Petition and pass
Counsel for the Petitioner:
1. BOBBA VIJAYALAKSHMI
2. SRINIVAS BASAVA
Counsel for the Respondent(S):
1. GP FOR COOPERATION
3THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 17790/2026
The Court made the following Order:
Heard Sri Srinivas Basava, learned counsel for the petitioner and the
learned Assistant Government Pleader for Cooperation appearing for the
respondents.
2. The grievance of the petitioner in the instant Writ Petition is against the
impugned proceedings of the respondent No.3 rejecting the application filed
by the petitioner seeking to recall and reexamine the Assistant
Registrar/Section 51 the Inquiry Officer and the Ex-Chairperson of the
respondent No.4 – Cooperative Society.
3. The learned counsel for the petitioner submits that the inquiry
proceedings initiated against the petitioner under the provisions of Andhra
Pradesh Cooperative Societies Act, 1964 (for Short ‘the Act’) are governed by
the procedure under Code of Civil Procedure, 1908 (for short ‘the CPC‘).
Thus the applicant should have been given all the reasonable opportunities to
recall the witnesses and reexamine them. In support of his contention, the
learned counsel for the petitioner relies on the decisions of rendered by the
erstwhile composite High Court of Andhra Pradesh in the case of K. Kanaka
Rao Vs. Chairman, A.P. Coopertive Tribunal, Hyderabad and other1, Mohd.
1
2011 (6) ALD 340
4
Saqawath Ali Bakshi Vs. Shaik Mohd. Iqbal 2 , prays for interim stay of all
further proceedings in Rc.No.857/2022/C/SN-1&6 pending before the 3rd
respondent as the case is fixed for hearing on 04-07-2026.
5. On the other hand, learned Assistant Government Pleader for
Cooperation raised an objection as to the maintainability of the Writ Petition
having regard to the provisions of Section 77 of the Act, wherein a remedy of
Revision is provided before the Registrar against any order(s) passed by the
officer(s) Subordinate to the Registrars not being the one passed under
Section 76 of the Act. Having regard to the same, it is argued that the Writ
Petition is not maintainable and thus prays for dismissal of the Writ Petition.
6. Considered the submissions.
7. Having regard to the provisions of the Section 77 of the Act, this Court
is of the view that the Registrar of Cooperative Societies is the appropriate
authority to call for and examine the record of any officer Subordinate to him in
respect of any order/proceeding, not being a proceeding in respect of which
an appeal under Section 76(1) of the Act is provided to the Tribunal and if it
appears to the Registrar that the said order should be modified annulled
reversed, remitted he may pass orders accordingly.
8. In the light of the said provision, this Court deems it appropriate to
dispose of the Writ Petition granting liberty to the petitioner to approach the
Registrar, against the order impugned in the writ petition, within a period of
2
2011 (6) ALD 346
5
two (02) weeks from the date of receipt of the order. Till the Registrar takes up
the application filed by the petitioner, the impugned proceedings of the
respondent No.3 are kept under abeyance.
9. With the above observation, the Writ Petition is disposed of. There shall
be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
______________________________
JUSTICE KIRANMAYEE MANDAVA
Dated: 03-07-2026
Note: Issue CC by 06-07-2026
B/o
MSI
Whether the order is:
Speaking ☑ Reasoned Reportable Non-reportable ☑ 6 49
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 17790/2026
Dated: 03-07-2026
Note: Issue CC by 06-07-2026
B/o
MSI
