WP/6753/2021 of M/s. The Andhra Bank Farmers Service Co-operative Society Ltd, Vs The Union of India on 21 April 2026

APHC010118742021

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY SECOND DAY OF APRIL

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION NO: 6753/2021

Between:

1. M/S. THE ANDHRA BANK FARMERS SERVICE CO-OPERATIVE

SOCIETY LTD,, NO.E.R.139, KATHIPUDI, REP. BY ITS OFFICIAL

PERSON IN-CHARGE, SMT. JYOTHI KUSUMA W/O. MANI KUMAR, OCC SUB-DIVISIONAL CO-OPERATIVE OFFICER-TUNI, AGED

ABOUT 42 YEARS, OFFICE AT KATHIPUDI, SANKAVARAM

MANDAL, EAST GODAVARI, ANDHRA PRADESH.

...PETITIONER

AND

1. THE UNION OF INDIA, , MINISTRY OF FINANCE, REP. BY ITS

SECRETARY, JEEVAN DEEP BUILDING, PARLIAMENT STREET, NEW DELHI - 110 001.

2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL

SECRETARY, FOOD AND AGRICULTURE AND CO-OPERATIVE

DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR, ANDHRA

PRADESH.

3. THE UNION BANK OF INDIA, (FORMERLY ANDHRA BANK), REP. BY

ITS MANAGING DIRECTOR, OFFICE AT UNION BANK BHAVAN, 239, VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI - 400 021.

4. THE UNION BANK OF INDIA, (FORMERLY ANDHRA BAY), REP. BY

DY.

GENERAL

MANAGER,

AGRI.

BUSINESS

DEPARTMENT

CENTRAL OFFICE (ANNEX), HYDERABAD.

5. THE UNION BANK OF INDIA, (FORMERLY ANDHRA BANK) REP. BY

ITS

ASST.

GENERAL

MANAGER,

SECTOR

(RP

AND

D)

DEPARTMENT, (RECOVERY PRIORITY AND DEPARTMENT ), HEAD

OFFICE, SAIFABAD, HYDERABAD.

6. THE UNION BANK OF INDIA, (FORMERLY ANDHRA BANK), KATHIPUDI

BRANCH,

REP.

BY

ITS

BRANCH

MANAGER,

KATHIPUDI, SANKAVARAM MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH.

7. THE UNION BANK OF INDIA, (FORMERLY ANDHRA BANK), REP.

BY ITS DY. GENERAL MANAGER, (DGM), OPP APOLLO HOSPITAL, MAIN ROAD, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA

PRADESH.

8. THE RESERVE BANK OF INDIA, REP BY ITS. CGM AND

SECRETARY, SECRETARY'S DEPARTMENT, 16TH FLOOR, CENTRAL OFFICE BUILDING, SHAHID BHAGAT SINGH MARG, MUMBAI - 400 001.

9. THE

DISTRICT

COOPERATIVE

OFFICER,

EAST

GODAVARI

DISTRICT, ANDHRA PRADESH.

...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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in issuing Lr.No.0666/19/889 dated 12.2.2019 by refusing to reimbursing the amounts as agreed earlier under the One Time Settlement (OTS) balance and its accumulated interest as approved under vide Lr.No.666/19/81 dated 29.04.2005 and Lr.No.666/19/1305, dated 28.09.2005

by the then Andhra Bank, Hyderabad i.e., the Respondent No.3 to 7 and now in contemplating to renew the outstanding balance of the petitioner society as new outstanding loan, without clearing the same and without considering the claims/representations dated, 22.10.2005, 18 n9-.--7,008, 20.11.2008, 22.05.2009 and 27.10.2009 made by the Managing Directors of the petitioner society as arbitrary, illegal, unjust, unfair, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and Rules made therein and consequently direct the Respondent No.1,3 to 8 to clear One Time Settlement (OTS) balance and its accumulated interest as approved vide Lr.No.666/19/81

dated

29.04.2005

and

Lr.No.666/19/1305, dated 28.09.2005 or under claim of society dated 18.09.2008 and thereafter by receiving outstanding balance, further by allowing the petitioner society to convert as Primary Agricultural Credit Society and pass IA NO: 1 OF 2021

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 Respondent No.3 to 7 not to renew the outstanding balance of the petitioner society as new outstanding loan and pass Counsel for the Petitioner:

1. SRINIVAS BASAVA

Counsel for the Respondent(S):

1. SATYANARAYANA NIMMALA

2. HARINATH N (Asst Solicitor General)

3.

4. GP FOR COOPERATION

The Court made the following:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

WRIT PETITION No.6753 of 2021