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Andhra Pradesh High Court - Amravati

Rama Rural Godowns vs The State Of Andhra Pradesh on 7 January, 2026

                                                                      [3328 ]
       IN THE HIGH COURT Og ANDHRA PRADESH AT AMARAVATI
                       (SPECIAL ORIGINAL JURISDICTION)
              WEDNESDAY ,THE SEVENTH DAY OF JANUARY^^
                       TWO THOUSAND AND TWENTY SIX
                                  : PRESENT:

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                                   PRASAD

                        WRIT PETITION NO: 591 OF 2026
Between:

  1. Rama Rural Godowns, A proprietary concern Represented by it4
      Proprietor Kakula Aruna Jyotl^ W/o Sreedhar Rao Aged about 44
      years, Occ Business Sy No. 57/7, Adusumalli Village, Purchur Mandal,
      Bapatia District, A.P. - 523169
  2. Kakula Arun Jyothi, W/o Sreedhar Rao R/o D. No. 2-218, Boadawada
      Mandagunta Village, Purchur Mandal, Bapatia District, A.P. - 523169
  3. Kakula S^edhar Rao, S/o Veeranjaneyulu, Aruna Jyothi, R/o D. No. 2-
      218, Boadawada Mandagunta Village, Purchur Mandal, Bapatia District,
      A.P.-523169.

  4. M/s. Sree Rama             Ginning Mill, Represented by its ail Partners
      Kakula Sreedh"^ Rao, S/o Veeranjaneyulu, Kakula Aruna Jyothi, W/d
      Sreedhar Rao, Sy No. 57/7, Adusumalli Village, Purchur Mandall
      Bapatia District, A.P. - 523169<^
                                                                 Petitioners
AND


  1. The State of Andhra Pradesh, Represented by its Principal Secretary
      Agricultural and Coopfef^ve Department, Velugupudi, Amaravathi
      A.P. - 522238.

 2. Andhra Pradesh State Co-operative Marketing Feder^ion Limited (AP
      MARK FED), having its office at 5, 56-2-11, AP Markfed Building, APIIC
        Colony, Autonagar, Jaw^r, Auto Nagar, Vijayawada;'"Rep by its
       Managing Director - 520(^7
    3. A.P. State Warehousing Corpbfation, C/o Stalin Corporation Building,
       2nd Floor, Back side Auto Nagar Bus stand. Door No. 55-17-3, C-13,
       Industrial Estate, Auto Nagar, Vijaywada. Rep by its Managing Director.
       -520007

   4. Shriram Finance Limit^, Branch office at D. No. 37-1-41, 1®* Floor,
       Varaprasad Complex, Trunk Road, Ongole, Prakasam District - 523 001           ^

                                                                   Respondents^


       Petition under Article 2^^f the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may

be pleased to issue a Writ or order or direction more particularly one in the
nature of Writ of Mandamus declaring.,
       (iv) the inaction ofthe Respondent No. 2 & 3 in remitting the rent/lease
amount of Rural Godowns consisting of 3^50 MTS/ 21,164 Square Feet, on
land admeasuring Ac. 1.80 cents in Survey No. 57/7, Adusumalli              Gram

Panchayat, Purchur Mandal, Prakasham District ( now Bapatia District) from
14.07.2025 as arbitrary, illegal, against the principle of natural justice and
consequently direct the Respondent No. 2 & 3 to remit the arrears of rent of
Rs. 10,56,476/- from 14.07.2025 till 31-12-2025 and continue to pay monthly,
       (v) Direct the Respondent No. 4 to defer the coercive action of taking
physical possession and sale of the Rural godowns consisting of 3750 MTS/
21,164 Square Feet, on land admeasuring Ac. 1.80 cents in Survey No. 57/7,
Adusumalli Gram Panchayat, Purchur Mandal, Prakasham District ( now
Bapatia District), till the arrears of rents are being paid by the Respondent No.
2&3.



lA NO: 1 OF 2026

             Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
 Court may be pleased to direct the Respondent No. 4 to defer the coercive
action of taking physical possesion and sale of the Rural godowns consisting
of 3750 MTS/ 21,164 Square Feet, on land admeasuring Ac. 1.80 cents in
Survey No. 57/7, Adusumalli Gram Panchayat, Purchur Mandal, Bapatia
District, till the arrears of rents/lease amount is being paid by the Respondent
No. 2 & 3 , Pending disposal ofWP 591 of 2026, on the file of the High Court.


      The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of SRI V
DYUMANI Advocate for the Petitioners, GP FOR COOPERATION for the
Respondent No.1,Smt Y MAHALAKSHMI, Standing Counsel for Respondent
No.2, Sri A V G MADHAVA RAO, Standing Counsel for Respondent No.3 and
  r




of SRI O UDAYA KUMAR, Advocate for Respondent No.4 and the Court
made the following
ORDER

Heard Ms. V. Dyumani, learned Counsel for the Writ Petitioners, Smt. Y. Mahal'akshmi, learned Counsel appearing for the Respondent No.2, Sri A.V.G. Madhava Rao, learned Counsel appearing for the Respondent No.3 and Sri O. Udaya Kumar, learned Counsel appearing for the Respondent No.4.

2. Smt. Y. Mahalakshmi, learned Counsel appearing for the Respondent No.2, seeks time to obtain instructions.

'

3. However, learned Counsel appearing for the Respondent Nos.2 & 3 shall obtain Written Instructions before the next date.

4. In view of the fact that the Respondent No.2 is obligated to pay Respondent No.3 and that the Respondent No.3 would in turn pay the rentals to the Petitioners and there is a default on the part of the Respondent No.2, this Court notices that the ultimate consequence is befalling on the Writ Petitioners inasmuch as the Petitioners have become defaulter in paying of the EMIs to Respondent No.4.

5. Keeping these facts in mind, the Respondent No.4 is directed not to proceed against the Petitioners till the next listing.

6. List on 27.01.2026 in the motion list. ^ Sd/-M.PRABHAKAR RAQ DEPUTY REGISTRAR //TRUE COPY// For SECTION OFFICER To,

1. The Principal Secretary Agricultural and Cooperative Department, State of Andhra Pradesh, Velugupudi, Amaravathi, A.P. - 522238.

2. The Managing Director, Andhra Pradesh State Co-operative Marketing Federation Limited (AP MARK FED), having its office at 5, 56-2-11, AP Markfed Building, APIIC Colony, Autonagar, Jawahar, Auto Nagarl Vijayawada. - 520007 *

3. The Managing Director, A.P. State Warehousing Corporation, C/o Stalir) Corporation Building, 2nd Floor, Back side Auto Nagar Bus stand. Door No. 55-17-3, C-13, Industrial Estate, Auto Nagar, Vijaywada. - 520007

4. Shriram Finance Limited, Brar^h office at D. No. 37-1-41, 1®* Floor, Varaprasad Complex, Trunk Road, Ongole, Prakasam District - 523 001(1 to4by RPAD)

5. OneCCto SRI. V DYUMANI, Advocate [OPUC]

6. One CC to Smt Y MAFIALAKSFIMI, Standing Counsel [OPUC]

7. One CC to SRI A V G MADHAVA RAO, Standing Counsel [OPUC]

8. One CC to SRI. O UDAYA KUMAR, Advocate [OPUC]

9. Two CCs to GP FOR COOPERATION ,High Court Of Andhra Pradesh.

[OUT]

10. One spare copy HIGH COURT GRKP,J DATED;07/01/2026 LIST ON 27.01.2026 IN THE MOTION LIST.

ORDER a WP.No.591 of 2026 DIRECTION