Telangana High Court
Borlakunta Shiva Kumar vs The State Of Telangana on 24 April, 2026
Author: Surepalli Nanda
Bench: Surepalli Nanda
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
HON'BLE MRS. JUSTICE SUREPALLI NANDA
WRIT PETITION No.12950 OF 2026
DATE: 24.04.2026
Between :
Borlakunta Shiva Kumar
... Petitioner
And
The State of Telangana,
Rep. by its Principal Secretary,
Co-Operative Department,
Secretariat Buildings, Secretariat,
and others
... Respondents
ORDER
Heard Sri Kalvala Sanjeev, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Cooperation appearing on behalf of the respondent Nos.1 to 5.
2. The petitioner approached the Court seeking prayer as under:
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SN,J W.P.No.12950 of 2026 "...to issue any order or direction writ or writs more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 and 4 in trying to remove the petitioner from the post of PACS Center (Primary Agriculture Credit Societies) without issuing any notice to the petitioner, without following the due process of law and also not considering the petitioner representations dated 16.04.2026, is highly illegally, unlawfully, arbitrary, unconstitutional, violation of Principles of Natural Justice and also in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondent Nos.3 and 4 not to remove the petitioner from the post of PACS Center (Primary Agriculture Credit Societies) to follow the due process of law and to consider the petitioner representation dated 16.04.2026..."
3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-
i) The petitioner has been working as In-charge of the PACS Center at Paidichinthalapally Village, Dharmaram Mandal, Peddapalli District for the past 11 years.
ii) The respondents are now attempting to remove the petitioner from the said post without issuing any notice, without assigning any reasons, and without following due process of law.3
SN,J W.P.No.12950 of 2026
iii) The petitioner submitted a representation dated 16.04.2026 to the respondent No.3 requesting continuation and consideration of the petitioner's service, however, the same had not been considered by the respondents. Aggrieved by the same, the petitioner approached this Court by filing the present writ petition. DISCUSSION AND CONCLUSION:
4. Learned counsel appearing on behalf of the petitioner mainly puts forth the following submissions:
4.1 This Court, in its order dated 13.11.2025 in W.P. No. 34125 of 2025, categorically held that the respondent Cooperative Society is the competent authority to remove the petitioner from the post of In-charge of the IKP Centre, and not the official respondents, i.e., the District Collector, Peddapalli District.
4.2 The respondent Nos. 3 and 4 are now attempting to remove the petitioner from the post of In-charge of the PACS Centre of Nandimedaram Primary Agricultural 4 SN,J W.P.No.12950 of 2026 Cooperative Society Limited, Dharmaram Mandal, Peddapalli District.
4.3 The respondent No. 6, without following due process of law, is also seeking to remove the petitioner, despite the petitioner having submitted a representation dated 16.04.2026, wherein it is clearly stated that the petitioner cannot be removed without issuance of notice, as the same would be contrary to the principles of natural justice.
Based on the aforesaid submissions, the learned counsel appearing on behalf of the petitioner contends that respondent Nos. 3 and 4 are not the competent authorities to remove the petitioner from the post of In-charge of the PACS Centre (Primary Agricultural Cooperative Society) and hence, the petitioner is entitled to the relief as prayed for by the petitioner in the present writ petition.
5. Learned Assistant Government Pleader brings on record the written instructions and the relevant portion of the said written instructions is extracted hereunder:
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SN,J W.P.No.12950 of 2026 "It is to submit that, the Paddy Procurement Centre In-Charges are not regular employees, their appointment is usually done by the Managing Committee/Official PIC of Primary Agriculture Cooperative Society Ltd., Nandimedaram at the time of Procurement of Paddy on basis of daily wages, duly taking resolution of Managing Committee/Official PIC, accordingly the Official PIC has submitted approved list of PPC Incharges to the District Cooperative Officer, Peddapalil on 6.4.2026.
Further, it is to submit that Respondent No. 384 are not competent authorities regarding appointment of Paddy Procurement Centre In-Charges and the same has been mentioned in the judgement passed in W.P.No. 34125 of 2025, Dr: 13.11.2025 and the Petitioner alleged that, the respondent no.3 &4 are influenced by the local politicians and tried to remove the petitioner from the post of PPC In charge is baseless and the Petitioner is misleading the Honorable High Court."
6. A bare perusal of the aforesaid written instructions clearly indicates that the respondent Nos. 3 and 4 are not the competent authorities to make or interfere with the appointment of the PPC In-charge, and it is respondent No. 6 alone who is competent to either appoint or remove the petitioner from the post of PACS Centre (Primary Agricultural Credit Society).
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SN,J W.P.No.12950 of 2026
7. TAKING INTO CONSIDERATION:
a) The aforesaid facts and circumstances of the case,
b) The submissions made by the learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Co-
operation appearing on behalf of the respondent Nos.1 to 5,
c) The view taken by this Court under similar circumstances in its order dated 13.11.2025 passed in W.P. No. 34125 of 2025,
d) The written instructions placed on record by the Deputy Registrar/District Cooperative Officer, on this day, i.e., 24.04.2026, in the present writ petition, (referred to and extracted above),
e) The discussion and conclusion as arrived at paragraph Nos.4 to 6 of the present order, 7 SN,J W.P.No.12950 of 2026 The Writ Petition is disposed of directing the respondents to follow due procedure of law. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
___________________________ MRS. JUSTICE SUREPALLI NANDA Date: 24.04.2026 LPD