High Court · 2025

Petition under Articte 226 of the Constitution of tndia ;;rTi":",?Iff-,1: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particurarry one in the nature of Mandamus decraring the proceeding bearing proc.No.16/D/2023_11 dated 2z_11_ 2024 issued by the Respondent No.3 as iregar, unjust, arbitrary, discriminatory, violative of principres of Naturar Justice and arso viorative of Artires 14, 19 and 21 of the constitution of rndia and contrary to G.o.Ms.No .74, Animar Husbandry, Dairy Deveropment and Fisheries , Deveropment dated 21 .10.2011 and consequently set aside the impugned proceeding bearing proc.,trlo.16/D/ 2023_11 dated 27-11-2024 issued by the Respondent No.3. lA NO: 1 oF 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend accompanying Affidavit it is prayed that the impugned bearing Proc.No. 16/D/2023_11 dated 2t-11- 2024 issued by the No.3, pending drsposal of the Writ petition. Respondent Proceeding Counsel for the petitioner : SRI SATISH KUMAR VARMA Counsel for the Respondents No.1to4: Gp FOR FISHERIES Counsel for the Respondents No.Sto19 : The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI ORDER: W.P.NO.4 297 0F 2025 tn this writ petition, the petitioner is seeking a writ of mandamus cleclaring Lhe Proceerling bcaring No'16 I D I 2023-11' d,ated 27 .I | .2024 issued by the rcspondent No 3 as illegal' arbitrary, violative of principles of natural justice and unconstituLional and contrary to G O Ms No T4' Animal t{usbandry, Dairy Development and Fisheries-ll Development' datcd 21- 10.20 1 I and consequently [o se t aside the same and to pass such other order or orders in the interest oljustice'

2. Ilrief facts lcading to the filing of the present wrrt petition are that the petitioner society was registered in the year 1981 ancl since ihen it has been operating and its area of opcri:tion conslsrcd ol t.wo tanks namely Choudhary Pond (Ac.161.10 gts.,) anci Mamidikunta Sikam (10 Acres)' situaled at Kottalla Viltage, Kowdipally Mandal, Medak District' Initially Lhc petitioner society was registered with 67 members of differcnt c:rstes including Be stha, Mudiraj and several olher communities mcntioneci in G.O.Ms.No 74, Animal I{usbandry' Dairy Developmcnt and fiislicries II Department, dated 21'10 2011' Ilor,rrevcr. 2.1 n'rembcrs dit:d the reaftcr, and the society is 2 functioning with onlv 45 members. It is stated that though the petitioner societY carn aclmiL the legal heirs ol its deccased mcmbers. il is rrol ).r p()sili,,r, lo (.xtcnd tls s|lrr((.s tr) ll)ent, as the usufruct ol the said t.w,o tanks is not sullicient for the livelihood of the cxisting 45 members. Therefore, the peLitioner society passed a resolrrtion clated 29.O4.2O24 tn its General Body Meeting iniormir.rg thc respondents that it could not admit the legal heirs of the 22 cleceased members as the members of the society arncl lurthr:r requestcd the respondents not to givc any membership to an_\. olher pcrson ancl if thc rcspondcnts intend to fill up 22 membcrs, the said members strould be filled up with thc lcgal heirs of the deceased 22 members only. Thereaftcr, the pctirioner societv made another rcpre sentation daLed 08.O9.2024 complaining that without cor\sidering the heirs of thc deceased 22 mentbers of the socrety and u,ithout issrring any notice or ad'ance intimation to the society, the respondents arc trying to admit new,members. The petitioner socie ty representation dated 27.O1.2025 \VAS submil ted to rlrr Cummissioner Fisheries Department, Telangana, stating thaL r,r,ithout following the procedure prescribed in G.O.Ms.No.74, Animal Husbandry, Dairy Development anci Fisheries II Department, dated 21.10.2O11. cases of the legal a 3 the aurhoritrcs havc conducted the skill test and without permission of the socie ty and without any advance information' the said [csL was conducted and therefore' [he same has to be canccllcd. Irsteacl of consiclcring thc representations of the petitione r society, the respondent No 3 has issued the impugned Proceedings bearing No'16lDl2023-11' dated 27 '11'2024 stating t hat on lhc strength of skill test and the committee rcport, thc [)ircctor oI Fisheries Telangana has accorded permission and requested the Presrdent of the Fishermen Co- operativc Socielv of Kottalla Village of Kowdipallv Mandal of Mcc.lak l)istrict, to aclmit thc rcspondenls No'5 to 19 into the society. Srating lhat the operational area of the society is not sr,rfficient to meet thc requirements of the 45 of thc respective familics and that the society is not in a position to 4dmit any ncu, mcmbcrs including legal heirs of 22 deccased members' Lhe present rvrrt Pctition is filed' i

3. Learned counsel for the petitioner has annexed lhe copl of Lhc rcsolution as well as the representations made by the resPondents and also thc pe Litioner soclety C.( ).Ms.No.74, dzrtcd 2 I . 10.201 l, to the writ petition. He further submitted that unde r shall bc formed to conduct thc skill test and that the committee G.O.Ms.No.74, a three men committee 4 I (non-official comprising ol the (l) Dir.isiorzrl cooperative officer (officiar membe r); (2) president, Ilisrricr Fisherme n,s Cooperative Socicty member); (3) Districr Fisheries Olficer or the Divisional Assistant Direc tor of Fisheries (Convener/ official member), with an aclvance intirnation of clate, timc and venue of the skill test to the applicants and others co'rcerned by beat of tom-tom, notice it_t Gram pancha.\,at and other public places rn the village and after obtair.ring an acknou.lcclgement from the Chief Promoter ancl Sarpanr:h, shall conduct the skill Lest and the entire process of conducting the skill tcst shall be videographed in the prcsencc of the observer_ lt is submitted that without following rhe said procedure, th6 rcspondents have tssued the impugned order I 4 - Learnecl cour-rscl 1or thc petitioner .has placed reliance upon the application madc b-v the petitioner dated 12.O2.2025 under the RTI Act u.ith regard to the rnlormation on the skill test conductecr by the respondents ancl that no such information has bcen Iurnished to thc petitloncr trll datc. F urther, he also placed reliance upon the decision ol. this Court in W.P.No.43Z99 ol 2017, ttaLcd 07 .Og .2O 18, ,,vherein under similar circumstances, r.r,her_r thc proccdurc prescribcd uncler G.O.Ms.No.74 \l.,as not lollo.qtrcl, thcre was a clirection to o 5 conducI the skill tcsL lor alt eligible aspiring applicants by follou.ing thc proceclure prescribed under G.O.Ms.No.74. Thereforc. it is submittcd thzrt the skitl test would have to be conductecl for the legal heirs of the deceased members and also new me mbcrs i.c., respondents No.S to 19 in accordance with the procedure laid down in G.O Ms No '74, to be admitted as nen, mcmbers ol t[-rc srtciety lle has also drawn the attention of this Court to the skill tcst stalcment filed along with the counter al.fidavit of the respotrclcnt No 3 to submit that the said report is signed by onlt' tri<r mt:mbers ol Lhe committee and therefore, it is not in zrccorclancc u'ith thc procedure prescribed under C.O.Ms.No.74

5. Learncd Gove rnmenl- Pleader for fisheries appearing for the respondent No.3, has filed a counter affidavit l'ppottit'g the impugned order- [l is submitLed that respondent No.3 along with the committce members, conducted the skill test on

13.O4 .2023 at Madzrpurche ruvu of Madapur Vrllage, Narsapur Mandal ol Meclak District and 16 persons have qualihed in the skill test and the thcn District Fisherles Ofhcer, Medak, submitteci a proposal to lhe Llead Office to accord permission for enrolment of only l5 persons into Fisherman Cooperative Society Kottala, as one of the qualified persons has expired in 6 j t.e the meantime. It is submittecl thar the Director of Fisheries, Telangana, Hyderabacl, has issucd al Mcmo No.r_t:lc)61 tr2 / 2023, dated 15.09.2023 to the Disrrict Fisheries C)[frr:er, Medak. to submit the missing clocumen ts thc (leneral Body Resolution, Active Fishermar-r and Obsen,cr Report and accordingly, the then District F.isheries Ofticcr has addressed Notice No. 16/Dl2023_11 , dared Oq.lI.2O).3, to.O2.2O24 and 02.O4.2024, to the president / Sec rc tart, of thc pcritioner societv with a request to conduct a Gencrai Boc\-Mcctrr-ts cf.Lhe societv and submit its opinion on rhc admission of 1 5 ncw members into their socicty in the lorm o[ Cieneral Body 15 days from the clate of thc rcccipt of the noticcs. It is petitioner socielv submittcrl a reply on that thc society r.r,as runding with (>7 to 2O2O and therc were 22 legal heirs of deceased members, who arc to be admitted :rs m<:mbers of the society and that the water spread arezr of Chou.daricheru and Mamidikunta is not enough to admit thc legal hcirs of deceased members and the petitioner soc.ietl.has not agrced to admit new members to the society. submitted that the members from l9Z9

29.O4.2024 stating Resolution within

6. It is further stated thar the skill test \,\,as conducted by duly following the proceclure laid dow,n in G.O.Ms.No.74 in l 7 the presence ot the skrtl tesL committee on l3'O4 2023 for 42 applicants, out ol rT'hich l6 pcrsons were qualihed lt is submitled that the skiLl test r',:ts conducted simultaneously for three to four socielie s on a singLe day in view of the special drive taken up for cnrolmcnt oi all the eligible persons into the existing societies and lhereaftcr, after getting permission from theCommissionerofFisheries,Telangana,necessaryorders were issued to the rcspective societies with a request to enroll the persons qualifred in thc skill tcst. Thcrefore' the respondent No.3 prayed lor dismissrrl ol lltc u rit petition'

7. Learned counscl appcaring for the respondents No.5 to 19 have also relied upon the avcrments in the counter afhdavit filed on their behall and stated that they have participatecl in the skill test ancl u'ere lound to be elilg1b1e to be admitted to the petitioner socictr'. It is submilted that as per the report of the Executive Et-tgineer, Irrigation Department in Letter No.trE/ID.No. 12lMDKl32r /G, dated 30'O7 '2024' the water spread area of two \Yater bodies ie', Chowdaricheru and Mamidkunta, is Ac. 171.10 gts., and both water bodies are rain- fed and as per the viabitity norms prescribed in G O Ms'No'6, AIIDD&F De parlment, dated 24 0:1.20 16, it is sufficient to accommodate 85 membcrs. Tllcrcfore, iL is stated that the 8 'I soclety can accommodate not only 15 mcmbcr-s but aiso 35 more members and therefore the petitioncr soclet-\. has refuscd their admission with a malafide intentioi.r Lo clcprivc the respondents of their legitimate rights.

8. It is further submilted that thc pcl itioner societv alleging that the has delibcrately mis_representcd the facts soclety has not admitted thc legal hcirs ol the dcceascd me mbers, n hercas the list of tite members ftlt:cl along u.ith thc wrrt petition clearly establishes that more than ru.o or three legal heirs of the deceased mernbcrs are incluctecl as membcrs and that the writ petition is filed only 16 deprivc thc respondenls No.S to Ig from becoming the members of thc socicty. He therefore, praved for dismissal o[ the writ petitiorr. ,

9. Having regard to the rival contentjon:j ancl the material on record, Lhis Court linds thar aclrrrittCcll-r., the petitioner society was formed with 67 membcrs and thc area of operation is Ac.171.10 gts., and thar both thc tariks erre rain fed and as per G.O.Ms.No.6, dateri 24.O3.2O16. thc area o1. operation can be 2 Acres for pcrson and therelbrc! lr can clearil, accommodate more than g5 me mbers Admittcdl_v, rhc petitioner soclety is having only 45 members as on the clatc ol.filing of this 9 $rril petition- Therefore, it can accommodate nearly 40 more members. Thc contention of thc pctitioner sociely that lega1 heirs of Lhe 22 deceased membcrs arc still to bc admitted and therefore new members calnnot be admittcd, cannot be accepted. Howcver, as rightll,poinred out by the learned counsel for the petitioner, thc skill rest has not been conducted in accordance with the provisions of G.O.Ms.No.74, dated 2l.lO.2Ol l. Thc G.O.Ms.No.74 providcs LI:LaL there shall be three members of the committee, utho shall conduct the skiLl test and the Distict FisLrcies OfJicer shctll g[ue communication about the date, time and uenue Luell it adttance to the applicants ond olhers concerned bg beat of tont-torrt, rtotice in. Gram Panchagat and other public places h the uillage and obtain on ocknouledgement from the Chief Promoter and Sarpanch. Since the procedure prescribed undcr rhe sai<i G.O., is apparently not I followecl in this case, thc skill rest conducled on 13.04.2O23 is not in accordance with said C.O. 'lhe petitioner society cannot be compelled to acccpt or admiL tlit-- respondcnts No.5 to 19 as members of the socictlr. Thc respondent No.3 is therefore, directed to follor,l, ttrc duc procedure prescribed under G.O.Ms.No.74, dated 2l.lO.2O l1 and re conduct the skill test lor both the iegal heirs of thc deceased members who are desirous of becoming the members of the petitio..r socrc[r,:r.cl also the rcspondcnts No.S to 19 and any othcr pcrsolt u.ho is eligible and accorclance rnterested to participate and thcrcafter. pr<tcced It t.ith lai,v lor admission of mcmbers into thc pctrtloner socie ty. .l.he entire exercise shall be compk:tecl r,r, ithin a period of Tr.r,o (2) months from the date of recetpt ol a copr. ol. this order I O. Accordingly, the writ petition 1S disposed o[. 'l'herc shall be no order as to costs. 1i Misceilaneous petitions, if any, pending rl Lhis \\'rl L petltion, shall stand closed //TRUE COPYII rI SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR 6- sEcIloN 6rrtcen To, 1 The Princioal Secretary, Animal Husbandry, Dairy Development and Fisheries Oepartment, State of ielangana' Secretaiiat, Hyderabad'

2. The Commissioner of Fisheries Department, State of Telangana' Matsya Bhavan, Shantinagar, Masab Tank, Hyderabad

3. The District Fisheries officer, Ex-Officio Dy.Registrar co-operative societies, At Medak, Medak District.

4. The District Collector, ft/edak District at lvledak. 5 One CC to SRI SATISH KUIMAR VARMA, Advocate lOPUCl 6. Two CCs to GP FOR FISHERIES, High Court for the State of Telangana' louTl

7. Two CD Copies. BSK BS HIGH COURT DATED:1 1tO9t2O2S ORDER WP.No.429t of 2O2S : .--^*::_-\- r-:i-,-...!.>.\ - - ,.ia It_ ,-,rl\ -+i' 'tt t t' SiP ?M ),1i 4,,': -., .;2, :-) ,_:. ) /.1 i_) li'i \ t DISPOSING OF THE WRIT PETITION WITHOUT COSTS $ \q t t