Basa Sudhakar v. The State of Telanga.na

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent No. 4 and 5 authorities in not taking any steps in pursuance of the application submitted by me, dated 16- 02-2026 and letter addressed by the respondent No. 5, dated 17-02-2026 for providing membership to the petitioner in respondent No. 5 society, even though petitioner is entitled for the same, is nothing but arbitrary, illegal, null and void and violative of principle of natural justice and also violative of Article 14, 19 and 21 of the Constitution of lndia. Consequently, direct the respondent No. 4 and 5 to take appropriate steps for providing the membership to the petitioner in respondent No. 5 society, considering the application dated 16-02-2026 and letter dated 17 -02-2026 lA NO: 1 OF 20.?a i' : : 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 to .direct the respondent No. 4 and 5 to take appropriate steps for providing the membership to the petitioner in respondent No. 5 society, considering the application dated 16-02-2026 and letter dated 17-02-2026 pending disposal of the above writ petition Counsel for the Petitioner: SRI K. VENUMADHAV i'. Couhselfor thrg Respondents: GP FOR FISHERIES The Court madle the following: ORDER I , -r 1:' i ... ;;. . ,:i. ;. ,t,';. .$r' ; :. Jt ;t.i . : -;-... i-:i- . :. .ii'i:,}.:t-,,rii,' : ..i, : :';i7:5;:.-u; . . . l i,':i.;ffi I . 1, ..' IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD HON'BLE MRS. JUSTICE SUREPALLT NANDA DATE: 11.03.2O26 Between : Basa Sudhakar And The State of Telangana, Represented by its Principal Secretary, Animal Husbandry, Diary Development & Fisheries Department, Secretariat, Hyderabad and others ...Petitioner Respondents ORDER Heard Sri K.Venumadhav, learned counsel appearing on behalf of the petitioner and the learned Assistant Government Pleader for Fisheries appearing on behalf of respondents.

#2. The petitioner aoproached the Court seekino prayer as under: "...to issue an order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondent No. 4 and 5 authorities in not taking any steps in pursuance of the application submitted by me, dated L6-O2-2026 and '( 2 SN,J W.P.No.7459 of 2026 letter addressed by the respondent No. 5, dated 17- 02-2026 for providing membership to the petitioner in respondent No. 5 society, even though petitioner is entitled for the same, is nothing but arbitrary, illegal, null and void and violative of principle of natural justice and also violative of Article 14, 19 and 2L of the Constitution of India. Consequently, direct the respondent No. 4 and 5 to take appropriate steps for providing the membership to the petitioner in respondent No. 5 society, considering the application dated L6-o2-2026 and letter dated L7-02-2026 and to pass.... " 3 The case of the oetitio ner in brief as Der the averments made in the affidavit filed by the oetitioner The petitioner is the son and sole legal heir of late Basa Bhoomaiah, who was a founder member of the sth respondent Fishermen Cooperative Society formed on It.l')-.1990. After the death of petitioner's father, the petitioner submitted an application dated t6.02.2026 to the 5th rt:spondent seeking membership in place of petitioner's deceiased father, in accordance with By-Law No.11(3) of the society. The 5th respondent society passed a resolution and addrc, ssed a letter dated fl.A2.2026 to the 4th respondent requesting conduct of a skill test for the petitioner. Howr:ver, no steps have been taken by respondent Nos.4 and Ii either to conduct the skill test or to grant membership / I 3 SN,J W.P.No.7459 of 2026 to the petitioner. Aggrieved by the same, the petitioner has approached this Court by filing the present writ petition. DISCUSSION AND CONCLUSION:

#4. The limited relief as prayed for in th'e present writ petition is a direction to the respondent No.4 to take appropriate steps for providing the membership to the petitioner in the respondent No.S-society.

#5. submissions:

5.1 The petitioner, through his application dated L6.02.2026 addressed to respondent No.5, informed that petitioner's father had recently passed away and requested that petitioner's name be incorporated in the Fishermen Cooperative Society by granting membership to the petitioner in place of petitioner's deceased father.

5.2 Respondent No.S, in turn, addressed a letter dated L7.O2.2026 to respondent No.4, referring to the petitioner's request for grant of membership as the legal heir of the 4 SN,J W.P.No.7459 of 2026 dece, ased member of the Venkatapur Fishermen Cooperative Socierty.

5.3 In the said letter, respondent No.5 society informed respondent No.4 that ten members of- the Venkatapur Fishermen Cooperative Society had passed away and a resolution was passed in the Gram Panchayat to grant membership to their legal heirs. The said resolution was also displayed in the Gram Panchayat Office on 07.02.2026.

5.4 It was further submitted that, out of the ten deceased members, three legal heirs, including the petitioner, had alrea Jy submitted applications along with the requisite details seeking membership in the society.

5.5 However, oo action had been initiated so far for granting membership to the eligible legal heirs. Based on the aforesaid submissions, learned counsel apoearino 'on behalf of the petitioner contends that the petitioner is entitled for the relief ae-Braved for bv the petl petititon. I / /' -: 5 sN,l W.P.No.7459 of 2026

#6. Learned counsel appearing on behalf of the petitioner submits that the writ petition could be disposed of by directing respondent No.4 to take appropriate steps for providing membership to the petitioner in respondent No.5 Society, in accordance to law, duly taking into consideration the application dated L6.02.2026 submitted by the petitioner, as well as the clear recommendation in favour of the petitioner dated 17.02.2026 issued by respondent No.5 to respondent No.4.

#7. Learned Assistant Government Pleader appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

#8. 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 tearned \ Assistant Government Pteader appearing on behalf of the respondents t 6 SN.J W.P.No.7459 of 2026 c) The discussion and conctusion as arrived at paragraph Nos.4 to Z of the present order, is dis The Writ Petition R"rtrond"nt No.4 to .on?id". th" ,"or"rt of thu petitioner as out forth in the reoresentation of the d @Berative Societv. d Ugtetter aatea !Z.OZ. No.5 to Respondent No.4. and oass aoprbpriate orders in ag, cordance to law within a oeriod of two (2) weeks from- the date of receiot of a coov of this order. atrd repf€sentation of the oetitioner to the petitioner @i Miscellaneous petitions, if any, pending in this writ Petition, shall stand closed. SD/. S.MALLIKARJU NA RAO' REGISTRAR //TRUE COPY// SECTION OFFICER To, t

#1. The Principal_Secretary, Animat Husbandry, Diary Devetopment anil Fisheries - Q.epqrtment, Secretariat, Hyderabad. 2. The comrnissioner, Fisheribs Department, Shanti Nagar, Hyderabad. 3. The Additiionalcoilector, (_Locat. Eiodies), .t'agtiit oistriZi, jadtirl.--"-' 4. The Assistant Director of Fisheries/Distiict Fisheriej otficerl Jagtiat District, Jagtial. The President, Primary Village, Korutla Mandal, One CC to SRl. K VEN Fisherman Cooperative Society Ltd, Venkatapur Jagtial District UMADHAV, Advocate loPUcl . ,Two CCs to GP FOR FISHERIES ,High Court for the State of Telangana at / *: ..t' g. r ,{ n t, CC TODAY () t * THE S 03 l,lA R 2020 * t { PETITION l,-ffi#. r ifg,. ' 1,,. .,i HIGFI COIJRT .:: : ATED:1'110312026 ER 1r .No.7459 of,2026 .:.| I =, 1

#1. 'fl .l: DISPOSING OFiTHE WITHOUTCOSTS', ,i: ,. \\ .L J 10 ]":: i ; ,,.i .t "., {n& ..,: *,.*' ..ltH :.4 .:. i.:,,.'''I ! ril'-S !, i ... i!. a t:'4 l.j::':l$.