IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5095 of 2009 Between: R.S.S. Suryanarayana Raju S/o. Venkata Raju The Chidigummala Primary Agriculture Cooperative Society Ltd., No.W- 323, Visakhapatnam District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Agriculture and Coop. Department, Secretariat, Hyderabad. 2 The Commissioner for Government / Registrar of Coop. Societies, Government of A.P. Hyderabad. 3 The District Cooperative Officer, Visakhapatnam District, at Visakhapatnam. 4 The Divisional Cooperative Officer, Yelamanchili, Visakhapatnam District. 5 The Chidigummala Primary Agriculture Cooperative Credit Society Ltd., No.W-323, Chidigummala, Golugonda Mandal, Visakhapatnam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment to clause (o) of Rule 2 of the Andhra Pradesh Cooperative Societies Rules, 1964 published in G.O.Rt.No.1083 Agriculture & Cooperation Department, dated 1.12.2003 of the 1st respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and objection of Section 116 C of Andhra Pradesh Cooperative Societies Rules, 1964 and set aside the same, and consequently direct the respondents to pay petitioners salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of the Andhra Pradesh Cooperative Societies Rules, 1964 published in G.O.Ms.No.1083 Agriculture & Cooperation Department, dated 1.12.2003 and pass Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.5238 of 2009 Between: 1 M.Maheswara Rao, S/o.Nookalamma, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 2 Maddu Raju, S/o. Chinnodu, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 3 Bandaru Satya Babu, S/o. Chinnodu, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 4 Pilla Nooka raju, S/o.Nookaraju, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 5 S.R.M. Patnaik, S/o. Satyanarayana, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 6 Uppalau Narayana Murthy, S/o Bemudu, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. 7 Maddu Appala Naidu, S/o. tammu Naidu, The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal, Visakhapatnam District. ..... PETITIONER(S) AND 1 The Government of A.P. Rep by its SEcretary, Agriculture and Coop. Department, Secretariat, Hyderabad. 2 The Commissioner for Cooperation/Registrar of Coop. Societies, Government of A.P., Hyderabad. 3 The District Cooperative Officer, Visakhapatnam District, at Visakhapatnam. 4 The Divisional Cooperative Officer, Yelamanchili, Visakhapatnam District. 5 The Rolugunta Primary Agricultural Co-op Society Ltd., M-105 Rolugunta, Rolugunta Mandal. Visakhapatnam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment to clause (o) of Rule 2 of the A.P.Co-operative Socieites Rules, 1964 published in G.O.Rt.No.1083 AGriculture & Cooperation Department, dated 1-12-2003 of the 1st respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 C of A.P. Cooperative Societies Act, 1964 and set aside the same, and consequently direct the respondents to pay petitioners salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh cooperative Societies rules published in G.O.Ms.No.1083, Agriculture and Coopeation, dated 1-12-2003 and pass Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 5260 of 2009 Between: 1 S. Suryanarayana Murthy S/o. Uppalanaidu Working in The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. 2 P.V.Satyanarayna S/o. Satyanarayna Working in The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. 3 R. Varahalababu S/o. Satyam Working in The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. 4 K. Appala Naidu S/o. Pattalu Working in The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. 5 Ch. Achiyyamma W/o. Konda Working in The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Agriculture and Coop. Department, Secretariat, Hyderabad. 2 The Commissioner for Cooperation / Registrar of Coop. Societies, Government of A.P. Hyderabad. 3 The District Cooperative Officer, Visakhapatnam District at Visakhapatnam. 4 The Divisional Cooperative Officer, Yelamanchilli, Visakhapatnam District 5 The Vemulapudi Primary Agricultural Co-op. Society Ltd., No.4361, Vemulapudi, Narisipatnam Mandal, Visakhapatnam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment to clause (o) of Rule 2 of the A.P.Co-operative Socieites Rules, 1964 published in G.O.Rt.No.1083 AGriculture & Cooperation Department, dated 1-12-2003 of the 1st respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 C of A.P. Cooperative Societies Act, 1964 and set aside the same, and consequently direct the respondents to pay petitioners salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh cooperative Societies rules published in G.O.Ms.No.1083, Agriculture and Cooperation, dated 1-12-2003 and pass Counsel for the Petitioner:MR.D.V.NAGARJUNA BABU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION Nos.5095, 5238 and 5260 of 2009 COMMON ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) Heard both the counsel. Both the learned counsel fairly conceded that the subject matter of these writ petitions is squarely covered by the Division Bench judgment of this court in W.P.No.28433 of 2007 and batch, dated 02-12-2008. Accordingly, these writ petitions are also dismissed in terms of and in accordance with the Division Bench judgment of this court in W.P.No.28433 of 2007 and batch, dated 02-12-2008. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date : 18-04-2009 Prv .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{MSN}