IJr: [r' v. 1. The State of Telangana

B,r. Thootipalii Ashok, S/o Srinu, Age: 25 Years Qig. Thootipalti Anil, S/o Murtaiah, Age: 29 Years Rq- Chintakayala Ramesh, S/o parushuramulu, Age: 20 Years Bio. Thootipelty Sarhaiah, s/o Thootipelly Bakkaiah, Age: 37 Years ,r! 7 i I l I I " Icl)' ..ThutiPelli Venu' l-, r Ir - t'1t Age: 20 Years I Donda Madhu, S/''' Chz ndraiah' 'i F)r^ Ag., 21 Years 1^ . Tf,ootipelli Mahesl'r, S/r' Venkanna' | ' Age:29 Years ?1+. Nooti Saidulu, S/: Ke:;:'vulu' Age: 26 Years PL,. Noothi Nagara-iu' :i/o -ingaiah' - Age:4O Years B11.. Sandenaboina Vettl<at ta, S/o Narsaiah' Age: 25 Years p-r1 , Thootipalli Suresh, 57r' Venkanna' ' Age: 24 Y ears Q15.. Thu tipelll' Chano :r shr kur, S/ o Saidulu' Age: 26 Years I i2::l . Chintakayala Parushtt ramrtlu, S/o-Sathyam' Age: 45 Years .. Tf,utipelli Janaia , S/c Nluitaiah, Age: 34 Years K.ro , . TootiPelli Sai, S/o IiorLrlaiah, Age: 1B Years t/-2 I I D, " . Thutipelli Vikram, S/' r Veerrtbhadram' Age: 26 Years '" I n , . Thootipalli Shiva Nag:r Raju' S/o Venkanna' f ,t I Q34^Thootipally Saidulu, li/o Nagaiah' Age"22Years Age: 34 Yea rs I I i I .I I I It i I 0-2.. Thootipalli Naga:ah, ll/o Vceraiah' Age: 5u Y ears Q36. Chennaboina Ja:-raiai-r, S/o Sriramulu' Age: 33 Years Q; - Donda Chandraiah, li/o Maraiah, Age: 48 Years (all the Petition<:.:'s are sf FCS, Fillalaroarri aad r;sident of Pillalarnarri Villa6;t:, Suryapet District) I Pqq6qrn".l- NtJ 4 I I e-\e ,u',,p\cs8a! "s pei c o dt _11."2111g_lgn^:"' ./ Rl:SPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be flreased to issue a writ, order or direction, more particurarry one in the nature of wRrr oF lvANDAtvlus declaring the Proceedings of the District Fisheries officer / Ex-officio Deputy Registrar of cooperative societies (Fisheries), suryapet, dated 1g-12-2022 (served to the petitioners on 10-02- 2023) vide prriceedings No. 72tEr2o1r in registering the Amendment to the Byraw No. 1 (area of operation) of Fisherman cooperative Society, suryapet and thereby reducing the area of operation of the society without forowing the procedure as contemprated under the Terangana cooperative societies Act, 'r964 as iilegar, arbitrary, contrary to raw, in vioration of principles of naturar justice and in vioration of Articre 14 and 19 of the constitution of lndia and consequenfly set aside the same. lA NO: 1 OF 2023 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 the operation of proceedings of the District Fisheries officer / Ex-officio Deputy Registrar of cooperative societies (Fisheries), suryapet, dated 19-12-2022 (served to the petitioners on 1o-02-2o2g) vide proceedings No. 72tEt2o17 , pending disposar of the above writ petition in the interest of justice. Counsel for the petitioner : SRI p.LAKSHMA REDDY Gounsel forthe Respondents: Gp FOR FISHERiES W.P.N o.8247 0F 2025 Between: The Fishermen co-ooerative.society, suryapet, Rep. By its president saraqandra 538:*,Y;-X?x['l'L,f.n * +s li'''' b"' ii'Ir' il ; t Rvt ii"t; ;;## | i Y).",, " AND ...PETITIONER 1 The State of Telanoana Rep.. by its principal Secretary, Animal Husbandrv. Dairy Devetopment -and f isneried oepart.til S-""*Jlriat, Hyderabad

2. The Commission :r of Fisheries, Ex-Officio. Reg.istrar ol Coo['er rtive Societies (Fisheries), tetargana'tla"t.Vu' gh""ln'Shanihinagar Vija yar ragar Colony' Hyderabad.

3. The District Collector, Suryapet, Suryapet District 4. The Distrlct Fishe rries Officer, Suryapet, Suryapet District 5. The President, f ishermen Co-operative Society Ltd ' FCS " Pillalamani' suryapet lr/andal' suryapet .. RI;:.'.NDENTS Petition under f.dicle 226 of lhe Constitution of lndia prayinq that in the circumstancesstatedintheaffidavitfiledtherewith'theHigh()ourtmaybe pleasedtoissueawrit'orderordirection,moreparticularlyone,ir.thenatureof WRIT OF MANDA\IUS declaring the letter 12li?il2025 vide leaselrc,ld rights for No.TS/SRPT/LS-112024 of the 4th respondent in conductingfishingopt:rationsinrespectofShobhaSamudramternksituatedat Pillalamarri, Suryapet ir favor of Sth respondent' which is a non 'existing entity underlaw,asarbitrary'ilIegal,inviolationofprinciplesofnaturetlj,rstice,besides beingviolativeofthepr:titioner'srightsguaranteedunderl\rticleltl'19and21of theConstitutionoflndillandconsequentlyselasidethesameanc:.lirectthe4th respondent to issue I :asehold rights to the petitioner in re:;pr rct of Shobha Samudram tank situatr:'l at Pillalamarri, Suryapet' issuing IA NO :, 1 OF 2025 Petitionunrjerl}r:ctionl5lCPcprayingthatinthe:ircumst:rncesStatedin the affidavit filed in sutport of the petition, the High court may be p eased pleased tosuspendtheoper:trlionoftheletterdated12-03-2025videN).TS/SRPTiLS- 1t2024ofthe4thres;rondentinrespectofShobhaSamudranrtilnksituatedat Pillalamarri, SuryaPet Counsel for the Petitioner : SRI P.LAKSHMA REDDY Counsel for the Respondents: GP FOR FISHERIES W.P.No. 12409 oF 2025 Between: The Fishermen Co-Ooerative Society, Sury_apet, Rep. By its president Saraoandla . 45 vrs, bcc F[h;,,i Hi"'?"tj'iiliJ]#:'X:,",, 5:f :T",'i;# #!,1;#pf AND ...PET|TioNER 'l ' The State of reranoana,Rep. by its principar Secretary, Animar Husbundrv Dairy Deveropment"anJ'FisJi;ri-& 6.;r;;,t#;ibli.",il#;iri,,,rii,i"r5d#],",r, 2' The commissioner offisheries i Ex-officio, Reoistrar of cooperative societies (Fisheries)- reransJna, Mat.v;'Bh;;;, s;r-,itnr"i6ri, viilyanasar Colony, Hyderabad.'

3. The District Collector, Suryapet, Suryapet District. 4. The District Fisheries Officer, Suryapet, Suryapet District. ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ, order or direction, more particurarry one in the nature of wRrr oF MANDAMUS decraring the action of the respondents in not considering the representations submitted by the petitioner dated 11lo4r2o2s and 1s_04_2o2s for grant of reasehord rights for conducting fishing operations in respect of Naila cheruvu, saddara cheruvu, pura Reddy cheruvu, piramarri Shobha samudram, Rayanigudem Kethavoni cheruvu which are under the area of operation of petitioner society as arbitrary, iflegar, in vioration of principres of naturar justice, besides being violative of the petitioners rights guaranteed under Articre 14 and 19 of the constitution of rndia and consequenfly direct the 41h respondent to issue leasehold rights to the petitioner by considering and disposing of the representations submitted by the petitioner dated 1 1-04-2025 and 15-04-2025. IANO:1O F 2025 . 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 preased to direct the 4th respondent to consider and dispose of the representations submitted by the petitionerdated,ll-o4-:D25and15to4t2o25forissuanceoflear;el'lcldrightsfor conducting fishing operrltions in respect of Pillamarri Shobha Sarr uc ram Cheruvu' under the area of opera:iln of petitioner society' a Counsel for the Petitioner : SRI P'LAKSHMA REDDY Counsel for the Respondents: GP FOR FISHERIE$' The Court made the foliowing: COMMON ORDER THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITIoNNO.603 5 0F 2021 WRIT PETITION N0.10852 0F 2023 WRIT PETTTIoN NO.8247 0F 202s AND WRTT PETITION NO.I2409 0F 2025 COMMCN ORDER W.P.No.6 035 of 202I W.P.No.6035 a| 2021 uras {iled challenging rhe procee,linss

1.ta.1235/E2/2018 Ct.29.03.2019 as iilcgai. arbitrary a^d violativc oi principles of natural jusiice. 2' Briei'facrs leaiir;:g to tlre liting of w.p.No.60i5 cr 2021 are rhar the petitioncr is tl:e Fishermen c.c:rerative societl,' oi piliarama'r.i viltage, st*yape'i, ivfar-.da i a*d D:st,ict ard a[ its mernbers z:re l-ishcme. l-ry profession ancl are eiiing out their li.,zelihood by corrCliciii,g fishing operatio,s. 1'lle sccistl,' is Iravir:.g tr,.ro fank:; ,nder i[s cier.alio:1, i.e., shcbira sarn,-ldrarn rird .Kethai,ani ia.llir. Tire r,asirer:nen ct- pillalamarri viiiagc Lhcrefb,e cn:;rceche,r iri= 3"1 -r;si,or-r<ie,t for. registrar.ion of the societi, unde. Sectic,. 8 oi ihc 'i'e;lr:l1ra Cooirep:-ive Scciel,cs Act, V/.P.rr-cs.603 i of 2021. lOti52 of 2023, 8247 of2025 and 124 )9 o12025 2 1964(forbrevity,theActof1964')andthesemev/asreqisrtoredvide Registration No.)1/QFC/2018 dt.09'04'2018 and a c3rtificate of registration was also issued by the 3'd respondert. l-her,.:after, the petitioner society traid leasc amount of Rs.26,980/- for the Fasli year 2018 to the F.ishe ries Department on 18.04.2018 in resper:t,l] the trvo tanks and also deposited the fish seed in the trvo tanks 'with theil own expenses ancl tht: authorities also issued hsh seed certili:alion and stocking certificale. The members of the petitioner sor:i'lty have therefore becn rerlresting the authorities to permit the petir:io,rer society to pay the lease iimount and also to grant permission f<rr ';onducting fishing oper:rtionrr in respect of the said two tanks ancl the soc iety passed resolutions and srr:mitted representations. However, when there was no decision taken cy the respondent authorities, the petit oner filed W.P.No.21679 of 2020 and this Court has disposed of tht' said Writ petition on 07.12.2020 directing the 3'd respondent to c,nsider the representations oIthe petitioner society and to take action in accordance with law within a period of four.weeks from the date of receipt of a copy of the said orde:'. ln the meantime, the 4th respondent socrety filed a petition under Section 77 of the Actof 1964 before the 2''d re';pondent to W P Nos.6035 ofZOZt,lOB52 of 2023, 8247 of 2025 and I24Og of 2025 3 revise the certificate of registration granted in favour of the petitioner society on the lollowing grounds:- ( I ) "Pillalamarri village is cooperative society. in the limits of Suryapet fisheries (2) From the fcrmation of Suryapet fisheries cooperative society fishing activities are going on in pallalamarri village. (3)There are six members from pillalamarri village. (a) Ihe Cooperativc Act provisiolls were not followed for the e cooperative society and the iety has been formed. formation of Pillalamarri villag present Suryapeta cooperative soc (5)This society has been formed by violating the acts. The 2nd respondent observed as under:- l. "Fisheiies Cooperative sociely, suiyapet has been lbrmed as per tlre provisions of_ the 1952 on il .bS.tSSt rinder regisrration No.297lTtH.

2. In by-iaw-it is menticned a.s Suryapet taluk 3. It is carne tc knou, that as per CF_ I 06 suryapet cooperutive society ramagudem and pillamarri village ponds are under lease. 4. Thc by-law of suryapet cocper.ative society has been macie as per the 1952 Act, and no changes *ere mud" to the same after ?he entbrcement .of Amendment i964 cooperative act. It is noticed that no officer has taken steps to rectift -By_la..v, N_Biock.

5. Present the rncrnbershiq Suryapet - 183. pillamairi- C5, p.-ayanaguiem _ 52. .det1lls of stiryapet cooperatirre society W.P.Nos.6035 of 20-l l, 0852 of 2023, 8247 of7(t25 and 124)9 o12025 4

6. It is notic((l thc humarr righlr;. above said issues are pending belbre court, 7 The pelson s earlier wolked one districl officer gaver r' :ply to R1i letter: st.atin -l that the pilialamarri viilage is in the suq'ap et limits'" Thus observ'ing,, the 2nd rcspondent, vide the impugn ed orders dt.2g.O3.2}l9t, hes informed the petitionet' society that rhe petitioner society is ,,vithin tl c limits of suryapet !'isheries co-operative Society as there are 6 menrlters of that village in the society ancl t hat it was separatecl fr.om the Suryapet co-operative Society without fb lowing the nrles. Therefore, t te District Fisheries officer, Suryapet was directed to form the PillalanLirrri co-operative Society as pel the pro uis ions of the Act of 1964 witrin a period of 45 days as this societl has been constituted withcut bifurcating the earlier parent sor:ie[' llamely Suryapet Fisherrrrt:n Cooperative Society, i.e., the 4th respond::nt herein'

3. Challengir6i the revision order dt.29.03 '2019t, thte p'esent Writ Petition has been filed stating that the 3'd respondent is tte authority who has register:cl the petitioner society after follo\/ving rlu,: procedure and issued regirn.ration certihcate on 09.04.2018 and tht' petitioner society has been lunctioning ever since and has beerL conducling fishing v.rz W.P.Nos.6035 of202t, t0852 of 2023, 8247 of 2025 and 12409 of2025 5 operations in the subject tanks and respondents 2 and 3 are well aware about the existence and activities of the society. It was statec that Pillalarnarri Village is a free viilage and the petitioner society is an independent society and therefore, the need for bifurcation ofthe society from the 4'h respondent society does not arise. It is submitted that in W.P.No.6725 of 2018 earlier filed by the Chief promoter of the petitioner society, a counter has been filed by the Fisheries Department stating that Pillalamarri village and its water sources namery Shobha Samudram tank are not included in the area of operation of any other fishenne, society and that it is a free vilrage zrnd therefore, pilraranrerri village is a free village and the subject tanks are not i, the area of operation ofany other society antl therefb.e, the question of bifirrcaiion for formation of a new society may not arise. Thus submitting, \v.P.No.6035 of 202r has been fired. Alcng rvith this writ petition, a copy of the counter affida'uit fi1ed by the'Fisheries Department in W.P.No.6725 of 2018 is also filed.

4. Learned counsel for the petitioner has also placed reliance upon the letter issued by the Districr. Fisheries officer to the commissioner of Fisheries. dt.zi.r2.2or7 stating tirat about 70 fisher.rrren of pilraiama'i I { W.P.Nos.6035 ol20: l, 0852 of2023, 824't of2(\25 ard 12409 of2025 6 Village have subnrLtted a representation for organisation anC r ogistration of Fishermen Colperative Society at Pillalamarri Village oI Suryapet District and that ilri seen frorn the records, the villag': and w tter source of the viitage are rtot included in any Fishermen Cooperative Society in theDistrictandtlt:refore,itisafreevillagenotcovr:reduncerthearea of operation of lny society and that there are trvo dt paftmental tanks/I.B. tanks namely Shobha SamuCram and Kethovoni Clreruvu and a GP tank with an extent of 215 acres / 86.07 hectares water iplead area and the represer(ation seeking to organise a society in I )illalamarri Village has ber:-t forwarded to the concemed FDC) .o cxplore possibilities for the organisation of the proposed so<:iety iLt l)illalamarri and to subrnit a lt,asibility report in the matter for ta.king fluI'ther course of action and in r;ompliance therewith, the FDO, Suryapet ha; submitted a detailed vrabilirl,and feasibility report in the matter and the skill test in pursuance of C.f.Ms'No.74, AH DD & Fisheries tFislrII) Dept'' d1.21.10.2011 hzLs, been conducted in the presence of the Ihree Man Committee constjtuted in the Govemment Orders ior id,:nr if-rcation of genuine and skilted fishermen and out of 70 applicants, 40 persons attended the skill test conducted on 08.11.2017 ard 35 pt'rsons were identihed as gerrrine fishermen having the fishing ';kills anC therefore, W.P.Nos.6035 of 202t, I OE52 of 2023, 8247 of 2025 and 12409 ot 2025 7 the registration of pilralamarri Fishermen cooperative Society was recommended. He has also referred to the order dt.07.12.2020 of this Court in W.P.No.2i679 of 2020 filed by the petitioner society, wherein the 3'd respondent therein was directed to consider the represenLations of the petitioner society and take action in accordance with lav' within a period of four weeks from the date of receipt ofa copy of the order.

5. It is noticed that the former president of the Fishermen cooperative society, suryapet had submitted a revision petition under Section 77 of the Act of 1964 dt. 16. I 0.20 1 g in respecr cf which. a notice dt.25.02.2019 was issued and the report of the Fisl.remren cooperative Society, Pillalamarri, Suryapet District dt.25.03.2019 was also considered and the Registrar of cooperative societies had obsened thar Pillalamani Fishories cooperative society vr'as formed v,ithout considering the present situation and therefore, the District Fisheries officer, Suryapet was directed to fcirn the piilalamani Fisheries cooperative Society as per the pro'isions of the Act of i964 and that the process shall be finished rvithi, a period of45 days fiom the date ofthe order and submit the proposals a,rl Suryapet Working Comn:ittee was direc-txl to cooperate as per the i.,.ries of the cocperaii...e scciet.,,. In the - ---r- / W.P.Nos.6035 of 201 i, 0852 o12023' 824'l of 2(t25 ar d 124X9 of2o25 8 impugnedorder,itw'asobservedthatPillalamarriVilrageisir'thelimits of Suryapel Fisll:ries Cooperative Society members from that village who are members of the SurvaLpe t Fisheries Cooperative Society and therefore, the society watel bodiils are part of _ and that tller e are six SuryapetFishericsCooperativeSocietyandthebifur.catiorrIastobein accordance with rtre provisions of the Act of 1964'

6. Leameci S cnior Counsel appealing for the petitioller society submitted that the registration of the society was done by the Registrar of the Coopelaiive Societies and therefore, he camot also be the revising authori .". The revision ought to have been dc'ne by the Govemment and not by the Registrar himself and therefor:' he revision order itself is nrr maintainable. In support of his r;ontentitrns that the certificate ol re6,istration dt.09.04.2018 issued by tlre Distri,:t Fisheries Ofhcer/Ex-Offici:r Deputy Rgistrar . of Fishermen Co-operative Societies, Suryapet is under tlre delegated power crf the R':gistrar and therefore, it has to be considered as issued by the Regislra', he placed reliance upon the clecision of the Delhi High Court in tht: crrse of Alok Kalia Vs. Char,r Agrawalr. 'reo los) a8r:,):1. cl\1 APPL. 18126/2023 dt.2'l.09 2024 /.;-* W.P.Nos.6035 of 202t, t0852 of 2023, E247 of2025 and 12409 of 2025 9 7' As regards the contentio, that pilraramani village is a free village and therefore, no bifurcation of the society from Suryapet Fisheries Cooperative Society is required, he placed reliance upon the.oun,", affidavits filed by rhe DFo in w.p,No.4r9 47 of 2017 and w.p.1.Io.6725 of 2018. It is submitted that the DFo, after following the due process of law as per G.O.Ms.No.6 dt.24.03.20i6, has foi-med the petitioner societl. and the.efore, the impugned order is not sustainable. He submitted that the society was registered by the commissioner cf Fisheries/E*-offi"in Registrar and therefore, he iacks jur-isdiction to revise his own order though such a power is exerciscd under delegated por.rers of the Government under section i of the Act of 1964 by trre Sub-Registrar- cum-DFo on the principles of agency. He placed reliance upon the the <iecisicn of the Delhi High Court in the case cf Alok Kalia Vs. Charu Agrarvsl (1 supra). He further subraitted tiiat the power ma;,, not be exercised under Section 77 in the r)vent of an appeal remedl, available under Section 75(l) of the Act oi i96.i acd therefore, rhe 4th responcrent ought to have filed an appeal under Section 76(l) oflhe Act of 19d4. I 'Ihird!1,, it is submitted that any Cecree oi- cr.iier pitsseci ivi.&out jiiriedicticr is a aullity and that ir,.ralidi;v cor-rld be set L;p wheae,.,er.an{ W.P.Nos.603 i o12021. 10852 o12023, 8247 of2C25 and i2'1 )9 of2025 10 wherevel it is sotLl;ht to be enforced or relied upon. In strppo( of his contention, he p aced reliance upon the judgmer.rt ot' tht I Flon'ble Supreme Coun in the case of Kiran Singh Vs. Chaman Paswan2' lt is further submitted t'tat the Fishermen Cooperative So<:iety, Suryapet has deliberately rot fled the certificate of incorporation and liled copy of oniy their b1'r:-lavrs reflecting Suryapet Taluk consis:ing ol'l8 villages under its area of c,peration and Pillalamarri was shown asi p a;t village and therefort:, the order passed by the Ex-officic Regist'ar' is uot sustainable

9. The 3'r rer;pondent, the District Fisheries Olficer. has filed a counter affidavit stating that there are no details of th': villages under its operarion mentioned in the bye-la'ws of the Fishermen C coperative Society, Suryapet rtnd the mention was oniy- Suryapet TaltLk ,rnd on the basis of the same, the 3'd respondent has declared Pir lalamar i as a free village and sent p,roposals to the 2nd respondent for {brmatiorr of a new society at Pillaltunarri Village and accordingly, tne llnd 'espondent permitted formaticn of the society consisting of Pilla.lamarli fishermen. It is further submitted that Fishermen Cooperative So<;iety, Surlapet was ' 1954 AtR Sup,'er.,e Corut 340 W.P-Nos-6035 of 202 t, 10852 of 2023, 8247 of 2025 ar.d 12409 of 2025 formed in the year 1958 and Suryapet Taruk was the area of operation as mentioned in the bye-laws and 6 members from pillalamarri were also pan of the society as per the records of the society and therefore, the tanks/water bodies in Pillalamarri village are also part of Fishermen Cooperative Society, Suryapet and hence, the revision petition filed by the 5th respondent society has been allowed.

10. Learned Govemment pleader for Fisheries reiterated above subrnissions.

11. Having regard to the rivai contentions ancr thc nraterial on reccrd, this corul finds that the registration .i the petitio,er societl, vide proceedings dt.09.04.2018 is after follor.ring due procetlure, i.e., after obtaining 'iability report ancl aiso aftei coirductii.rg thc skill rcst. The certificate of tegistration is issued by the District F-isheries ofi-lcer/Ex- officio Deputy Registrar of Fishe,nen co-operative societies, Suryapet. Section 6 of the Act of 1964 provides fcr the procedure fcr iegistraticn c'f a co-operative .society and section 6 provides that the Registrar shall issue a certificate cf .egistration signed and sclrled by hinr. tratfiis case, it appears thar the Depury Registrar of Fishenirerr co- cperative societies has issued tiie certifica-te oi registiatiori under W.P.Nos.603 5 of ilo:ll, 0852 of 2023, 8247 of 2025 ard t2t 0(.t of 2025 12 delegated powers. Therefore, the certificate has to he decm':c[ to have been issued by'the Registrar of'Co-operative Societies onil 'n the case of Aloli Kalia !s. Charu Agrarval (1 supra), the DivisLoi' Bench of DelhiFligh(]outlrasconsidereditsearlierdecisioninthe;al,eofRajul Gupta Vs. Pratap Singh and anothers, wherein it was ob:;erved thus: '' 22. A:; an ordinary rule' deiegation of powers or .,'unclion's hv an autlbrily or a persot't to nnotlrcr authcrity does not im,aly lhar tl'e soid principrtl ot tkority is comPletely tienuded of its pott'cr" 7'lis l's so' becattsLt lhe delegate in exercise of the delegated p()rlter'\ tt-t; as a princiital. 'llus, while the d-eiegate can exercise the ,ott""'tr' lhe principal too c(tn exercise the same pot"ter unless there is tnysx:cific :;tatut()r) pr tt'ision which bars the sante- The Supretne C'o'ffl in the case ol Gocltrttari S. Parulekar v. State of Maharashno AIR Il'66 SC l40J also er,oressed a similar view and cited the /ollov ittg pLSSdge' .from lttlh v Clarke: 25 Q.B.D. 39], tvith approval'-' " Deleg,arior', as lhe tqord is generally used, does not impl)' o ltarting u)ilh powert by the person who grants the delegation' itut points rather lo th", conferring of an authority to do things v'hich otl entise thot pelson v'ould have to do himself. " " Therefore.even:houghthecertificateofregistrationisis.lu'edbythe Deputy Registrar of Fishermen Co-operative Socielier , Suryapet r 120 l3:DHC;rrt,7o-otl W.PNos.6035 of 202t, 10852 af 2023, E247 of 2025 and t241g of 2025 l3 dt.09.04.2018, it has to be held to have been issued by the Registrar only. 12' The next question to be considered is whether the registration certificate can be challenged under Section 76 of the Act of 1964. This court finds that only the procedure to be followed under Section 6 ofthe Act of 1964 is appealable under Section 7f of the Acr of I 964. Section g is not provided as appealable under Section 7d of the Act of 1964. I'herefcre, the only option available to an aggrieved ltarty by the certificate of registration, is to hle a Revision befcre the Govcrmnent. Section 77 of the Actof 1964 reads as under.:_ "77 (1) The Registrar mcy of his oyvn niotion or o,t applicalion made to him. call for and exctninc the recortl of cryt oth_e:. subordinote to him and the Government mqy of theit. otvn titotion or on applicallott made to thcm. "ait .1or an,j exantittc ;!te rccord of tirc Registrcr,.ht respect of any proceeding not being c proceedutg in respect of u,hich an appeai to thc Tribunal is protideel by sub section(l) o.f section 76 to sati,;/.t himself or themseh,es os lo thc regularity of such proceeding, cr lhe correctness. legality or propriery of any clecision passed or order mede tlterein; und, if, ;n any case, it appedrs ta the Registror or thc Goternmdnr hai any suclt tlecision ci order should be modi.,fied, annt !ed, rcvcr.scd or rrmillcLl lor reconsiCeralion, he or they may pass orders accitrclingly;. I t W.P.Nos.6031r of 202I , I \852 <f 2023, 824'1 of2025 and l2'1( 9 of2025 t4 Proticld thct every application to the ReEislrar or the Governntenl J')' lhe exercise af the powers under this s:ction tht"ll he preferrt'Ll vit'1 tt ninely days from the date onihich tlte pro':eeiing' decision ot' oider to which the application relates was commttni:aled lo lhe anplicanl. Q1 No otder prejudicial lo any person shall be pa\s('d 'mder sub-section (t.' trnless strch person has been given an opportunit'v of nakin.q hts \ | t c\enlLtlion. i3 t Tl'L Registrar or the Government, qs lhe ca;e miq be may stLepetlri the aecisktn or order pending the exercise of h';s or their power tmdet suh-sectiott (l) it respect thereof' i4 T he Registrar or the Government may (ttltard ':o;t\ itt . proceetlings u4der this section to be paid either out of the 'fttr'ds of the liociett or 1,1 nrch party to the application for te.,isiott ts tlte Regislt'tlt or l,1e Government may deemfiL Explualion:- For the purposes of this section lhe e :prssioit 'Regi.strctr' r'r:ans lhe Registrar ofCo-operative Societies itr tht Stule appoinrcd a-, .;uch under sub-section (t) of section 3' " It goes to show that power of revision is vested both with the Registrar as well as the G() vernment to exercise the power either szlo motll ot oi an application; ald the Registrar may call for and examincr tl e record of any officer subcrdinate to him and the Govemment ma./ t all for and examine the reco:d of the Registrar. In this case, ttie order of revision dt.2g.6.U)19 h,is been passed by the Ex-Officio Reg,islrar of Co- W.P.Nos.6035 of 2021, t0852 of2023, E247 of 2025 ar,d t241g of 2025 15 operative society/Tisheries commissioner, Govemment of relangana. Therefore, the very same authority who has issued the certificate of registration has passed the order of revision which clearly is not maintainable. The Hon'ble Supreme Court in the case of Kiran Singh Vs. Chaman Paswan (2 supra) has held as under: "6. The answer to these contentions must deperul on what the pasilioti in lau, is when a Cotrt entertain a suit or an appeal over which it has no jurisdiction and what the effect of Sectiott l l of the Suit Valuation Act is on that position. It is a fundamentot principle v,ell-established that a decree pas,sed b1t a Court without iurisdiction is a nullity and that its invalidity could be sct ttp talvncvcr and v,itcrever it is sought tc be erl{orcctl or rclied upon, e.ren at lhe stage of execution and even in ccllatera! proceeding;. A deJbct of jurisdiction. whether it is pecuniary or territori or .ryhcther. it i,,; i,*t resoec! of the subject-matter o.f the aclrcn, strikes ot tlie very r;uthcrity oJ the Court to pose an1, tjecrea, anC s:rclt tr tleJbct ca:unt be cttre4 tt,cn by, ccnsent of parties. If the qui,sticn nat, unde;. lorlriderdtia ,feli tc be cl_etet mined onl;t on ihe qpDlication of ge neroi prittcipie;; govening lhe natter, tkere can be no doubt lhci the D.islrict Court cJ. Mcnghyr ryas coram non judice, and that its jrtdgmenr ancl clecreb ',l.otrld be nullities. The questlttt is vlzat is the e/Ject of Section I of the Sults l/alucatio'n Act on this p<-tsitiort.., ,rheiefcre, r.hc cuestion of .lurisdicticn c:rn be raised befcre this cour.t, e\ cr) t: rr. \,.,ils nol raised belore the itcgrsii.ar while hc was passing the orier r.rn.iei Seoticn 77 of the Ar:t of i964. / -.-"" W.P.Nos.603 5 of202l. 10852 of2023, 8247 of2('25 and I24 )9 of2025 16

13. Further, ev3n on merits, this Court finds that the stl'nd of the Departn:entliom'hebeginningwasthatPilla-lamariislLf.eevillage and tlle basis fbr llch a stand has been that while issuing rhe ceitificate of registration to lrishermen Cooperative Society, Suryapet' the names of the water bodLcs ot' the villages of thc water borlies hav': not been mentionecl therein Though it is a fact that 6 villagels frorn ["i]lalarnarri wer.c aiso mcntb : rs of Fishermen cooperative Society. S ur;'apct. it is not in dispute thi- the r.equests of the other villagers fiom l'iilalamarri havenevet.beent:onsi<leredfcrmernberslripinFisher.lnen(lcoperative Society, Sturyapel Since the stand of the Department all alorrg was that Pillalamani villtlre is a free village, but it has chanrger I its stand subsequentll', thrs Court is of the opinion that unless it is ;pecifically mentionedrnthebye-lawsofthecertificateofregistration':tcannotbe held to be part oI Suryapet Fishermen cboperative Societ'r. 'lhe leamed counsel for the 5,r, respondent has relied upon the Adit rerpc,rt of the 5th respondent socie ty lor the Assessment Year 2008-09, whrer'lin the area of operation of tl'e society is mentioned as Suryapet, RayanLgudem and pillalamarri. E,v,:r if the same were to be taken into r:ons ideration, it cannot be said tlat Pillalamarri was part of Suryapet. 'fhelefore, there W.P.Nos.6035 of 2021, 10852 ot 2023, 8247 of 2025 afi I24Og of 2025 t7 was no requirement for bifurcation of the Fishermen cooperative Society, Suryapet to form a separate society, i.e.,-Fishermen Cooperative society of Pillalamarri. In view thereof, the revision order dt.29.03.2a19 is set aside and the petitioner society shall be considered to be in existence from the date of its registration, i.e., 09.04.201g. t4. !V.P.No.6035 of 202l is accordingly allowed. W.P.No.t 0832 of2023

15. W.P.No. 10852 of 20?3 has been filed by the Fishernr.en Co_ operative Society, Suryapet and others ehallenging the procecdings of the District Fisheries officer/Ex-officio Deputy R-egistrar of Cooperative Societies (Fisheries), Suryapet dt.D.l2.2l2lreeistering tlie amerrctiitent to the Bye-law Nc.l (area of operation) of Fishermen Coopeiative Society, Suryapet uirder Section l6(5) of the Act cf 1954 rvithout follorving the procedure as contemplated uncer sectioo i5-A of the Act of 1964, as illegal, aibitrary and contrary to lavr.

16. l his Court finds that prirsuant to the .evisio:.r cr.cer rrt.29.c 3.2org holding that Pillalamarri Fishernre, cooperative Society rvas formed w'ylwttdeleting I'itlalamarri',,ilrage from tn" ri.rr"r:n"n cooperative w.P.Nos.6o3:i of 2021, 11852 0f 2023' 824'l of2025 and 24 )9 of2025 18 Society, Suryapet z.nd without follorving tlie procedure under [he Act of 1964 which is thr subject inalter of W'P'I"lo'6035 of 202'l' t re District Fisheries Officer, liuryapet has passed the order undt:r Seclicn 16(5) of tlreActoflg64arrendingtheBye-lawNo.lofthesocietyiin,lreducing the area cf operation of Suryapet' Rayanigudem and f'illalamarri Villages by deieLing Pillatamarri Village from its area of operation' Clrallenging the same, W.P'No' 10852 of 2023 has ber:n filed'

17.W]rilethelearnedcounsellortlrepetitionershasreiieratedtlre submissions macje in the rvrit affidavit, respondents 4 to 3l have t-rled their countcr a1fi rlavit stating that Pillalarnarri Village is a tiee village aird dici not requ' re bifurcation. However, pursuant to the revision order dt.2g.03.2029 urtler Section 77 of the Act of 1964' the am':ndment of rnade. The leamed counsel for the unofficial b ::n Bye-law has respondents furt.rer submitted that there is a provision o1' ailpeal under Section 76 of the Act of 1964 to the Tribunal against th': c'rder passed under Sectirtn 15 and therefore, the Writ Petition is nrll n aintainable' Further, in the counter affidavit filed by the 3'd resp'rndt'nt' i'e'' the District Fisl.reries officer also supported the contentions rtrised by the unoffi cial resPorr,lents. I W.P.Nos.6035 of 202t, 10852 of 2023, 8247 of 2025 and t24og of 2025 l9

18. Having regard to the fact that W.p.No.6035 of 2021 has been allowed, this court is of the opinion that the consequentiar amendment of Bye-law pursuant to the revision ord,er dt.29.03.2019 is not necessary and even otherwise, the amendment under Section l6(5) is appealable to tlre Tribunal under Section 76 of the Act of 1964. Therefore, W.P.No, 10852 of 2023 is dismissed r.vith liberty to the writ petitioners to clrallenge the impugned procecdings dt.lg.I2.2O22 under Section 16 of the Telangana Cooperative Societies Act, l964,if required. W.P.No.8247 of 2A25

19. W.P.No.8247 of 2025 is filed b1i the Fishennen Cooperative societi'. Suryapct seeking a writ of r\4sndarnus decraring the retter. dt.1203.2025 issued by the 4'h respor:deut issuarg leasehoid i-ights for coducti,g fishing operations in respect of Shobha samudrarn tank situated at Piilalamarri, Suryapet in fe,rour of thc -5d, rcsocndent, r,,,hich. according to tl-rern, is a non-existing entitv under larv.-rnd as arbitrary, illegal arC uncc:rstitutional and conseb,uelitl;z 1s set asi,je tlie sari-re and to direct the 4th.espondent to iss;:e lease holcl rights to trre petiiicrer i, respect of shobha samudram ta!'rk situated at pirai=eerri, srir-yai:et a,ri to pass such ottrer order or orCers W.P.Nos.60l5 of ilOilt, 0852 of 2023, 8241 of2t')25 and )2; 09 of2025 20

20. This Court. ,,ideinterimordcrs dt'18.03.2025it1,I.A.]..Io 1 of 2025, hasclir.ectedlhepartiestonraintainStatllsquoasontllecatec,ftheorder and that the petiti,lner as well as the 5'h respondent shal I Ilc t have any fishingrightsovr:r'thesubjectwaterbodytillthen':xtd:Lteofhearing and tire interitt-r orrler has been extendcC from time to timc' 2i. In vieu' o' the allowing of W.P'No 6035 of 2021 a rd that the Fishermen coopt:r.alive society, Piilalamarri is to be conside cd to be in existence from .Ie date cf its registration, the interim o'dei siauds vacated and the \\'rit Petition is tiabie to be dismissecl'

22. W.P.No.81117 of 2025 is accordingly dismisse<l' w.P. No.12409 of 2 025

23. W.P.No.1:1109 of 2025 is filed by Fish':rmen rlooperative Society, Suryap,:- to consider their representations dt'l1'A4'2025 and

15.o4.2025forgrantofleaseholdrightsforconductlngfishing operations in reslrect of Shobha Samudram tank in thvour o ' Fishermen Cooperative Soci :ty, SuryaPet. W.P.Nos.6035 of 2021, IOB52 of 2023, E247 of 2025 arld 12409 of 2025 2t

24. In view of the finding of this Court in W.p.No.6035 of 2021, rhis Writ Petition is also not maintainable. W.p.No. 12409 of 2025 is accordingly dismissed.

25. In the result,- (i) \1/.P.No.6035 of 2021 is allowed (ii) W.P.No. 10852 of 2023 is ciisrnissed with liberry (iii) W.P.No.8247 of 2025 is disrnissed (iv) W.P.No. 12409 of 2e25 is ciisnrisscd. (v) There shail be no order as to coils i, all these writ petitio,rs (n'i) i)enriing miscellanecus pctiticns, if any, ir, all the Wr.it Pcti!"ions incluciing i.^^..Nlos.2 anJ 3 of 2025 it rl,j.p.|ic.g247 of2025 shaii stand cicsed //TRUE copyil SD/. MOHD.ISMAIL DEPUTY REGISTRAR / I i SECTION OFFICER Suryapet District. Secretariat, State of Telangana, Hyderaba-d

1. The Princip{.S9creJ1V, Animal Husbandry and Fisheries Department, 2. The commissioner of Fisheries/ Ei officio Reqistrar, State of reranoana. . Matsya Bhavan, Shanthinagar, Vijayanagar cSlony, At HyOerabiO. -- -' 3. The District Fisheries Officer, Assisiant director of Fisheiies Survapet, 4. One CC to SRI IM.AMARNATH, Advocate. tOpUCl 5. One CC to SRI P LAKSHMA REDDY, Advo'cate. tOpUCl 6. Tw-o CCs to GP FOR FISHERIES, High Court for the Stdte of Tetangana louTI 7. Two 0D Cooies. BSK q(D/ \ To, HIGH COURT DATED:0 210512A25 COMMON ORDER W.P.NO: 6035 OF 2021' W.P.NO.10852 0F 2023, W.P.NO.8247 0F 2025, & W.P.No.12409 of 2025 \l' sC) s* \ :tri t. ALLOWING THE W-P.No'6035 o12021 DISMISSING THE W.P.Nos'10852 of 2023' 8247 of 2025 & 12409 of 2025 WITHOUT COSTS +d 1l ?r