The Fishermen Cooperative Society v. 1. State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Writs, Order or Direction, more particularly one in the nature of writ of Mandamus declaring the proceedings of the 3rd Respondent vide No. 6lEt2o21 daled 211112021 and the consequential intimation in Lr No 1gOtEt2O21 dated 3t12t2o21 as arbitrary, contrary to the provisions of T'C S' Act, 1964 and the provisions of Go Ms No. 74 dated 21 10 2011 besides offending Arts. 1 4, 19(1 Xg) and 21 ol the Constitution of lndia. NO: 1 OF 202 1 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 suspend the operation of the order issued by the 3rd Respondent in No.6tEl2oz1 dated 211112021 , pending disposal of the above Writ petition. lA NO: 1 OF 2022 Between: 1 2 .) i!q!9 gf ,Telangana, represented by its principat Secretary, Department of Anrmal Husbandrv. Dairv Development and Fisheries,- at 'secretariat, Hyderabad The commissioner of Fisheries/ Ex officio Registrar of Fishermen Cooperative Societies, at Matsya Bhavan, Shanti Nag#,-Vijry f.l"gr;C"of;;rl, Hyderabad The District Fisheries Officer, yadadri Bhuvanagiri District ...PETITIONERS/RESPONDENTS AND The Fishermen Coope_rative Society, lskilla, lskilla Villag Yadadri Bhuvanagiri District, represented 6y its presid Llamodar e, Ramannapet Mandal, ent, Nuthi Ramesh S/o ...RESPONDENT/PETITIONER 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 vacate the interim order Dated: 27t121202'l in l.A.No.'l ot 2o2i in w.p.No.35792 ot 2021 and dismiss the Writ petition. Gounsel for the Petitioner : M/s. M.VIDYAVATHI Counsel for the Respondents: Gp FOR FISHERIES W.P.No.20102 OF 2022 Between: 1 2 Peddaboina Sattaiah. S/o Tirupathaiah, aged 54 years, occ Fisherman. r/o lskitta vittase, Ramannapet Ma;'d;i, V;ii;JiE-rril-,is"i;i oirtri.t. Gudise Sattaiah. S/o Ramakistaiah,. aged about 57 years. occ Fisherman. r/o I s k i I ta vi I I a s e, R a m a n n a p et Ma ;d ;i :' %-d a d i -du"u#, 6 iri o t.t r. t I

3. Peddaboina Anand, S/o Sattaiah, Aged about 29 years, occ Fisherman, r/o lskilla vil lage, Ramannapet [\ilandal, Yadadri Buvanagiri District.

4. Butti Sriram, S/o Shivaiah, aged about 32 years, Occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri District.

5. Peddaboina Shiva Kumar, S/o Allaiah, Aged about 24 yearc, Occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri Diskict.

6. Gudise Naresh, S/o Bikshapathi, Aged about 32 years, Occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri District.

7. Peddaboina Pavan Kumar, S/o Allaiah, Aged about 23 years, Occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri District.

8. Peddaboina Srisailam, Sio Jaihind, Aged about 37 years, occ Fisherman, rio lskilla village, Ramannapet tVlandal, Yadadri Buvanagiri District.

9. Gudise Machagiri, S/o Sattaiah, Aged about 34 years, occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri District. '10. Gudise Shiva Kumar, Sio Srinu, Aged about 22 years, occ Fisherman, r/o lskilla village, Ramannapet Mandal, Yadadri Buvanagiri District. '1 1. Peddaboina Venkanna, S/o Jaihind, Aged About 39 years, occ Fisherman All are r/o lskilla village, Ramannapet Mandal Yadadri Bhuvanagiri District. ,,.PETITIONERS AND

1. The State of Telangana, Rep. By its Principal Secretary, Animal Husbandary, Fisheries Department, Secretariat, Hyderabad.

2. The Commissioner, Fisheries Department Matsya Bhavan, Shathinagar, 4th Lane Masab Tank, Hyderabad.

3. The District Fisheries Officer, Yadadri Bhuvanagiri District. 4. The Fishermen Co-op. Society, lskilla village, Ramannapet Mandal, Yadadri Bhuvanagiri District, rep. by its President Nuthi Ramesh s/o Damodar. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent No.4 in admitting the petitioners herein as members inspite of the Procs. No. 6lEl2O21 dt.21-1-2021 followed by another Lr.No. '136/E/2O21 dl.3-12-202'1 issued by the 3rd respondent herein, as being Melia. arbitrary, unjust and unconstitutional, and consequently direct the 4th respondent herein to implement the orders of the 3rd respondent bearing Procs No 61E12021 dl .21-1-2021 followed by another Lr.No. 1 36 I El 2021 dt. 3- I 2-2021 . NO :1 0F 2022 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 3rd respondent herein to stop the 4th responoent herein from conducting fishing operations, till admitting the petitioners herein as members, pending disposal of the main Writ Petition. Counsel for the Petitioners: SRI c. MADHUSUDHAN REPRESENTTNG SRI SRINIVAS KUDUMULA Counsel for the Respondents No.1 to 3: GP FOR FISHERIES Counsel forthe Respondent No.4: SMT. M. VIDYAVATHI The Court made the following: COMMON ORDER THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI IV.P.NO. 35792 0F 2021AND W.P.NO. 20ro2 0F 2022 COMMON ORDER: ' In both these writ petitions, the common issue involved is (i) granting admission of membership to the petitioners in W.P.No.2O 1O2 of 2022 and others into the petitioner's society i.e., the petitioner in W.P.No.35792 of 2O2l and;, (ii) the procedure adopted in holding the skill test for the same'

2. Learned counsel for the petitioners submitted that the petitioners are seeking admission of membership into respondent No.4 society in W.P.No.2O102 of 2022 (Petitioner in W.P.No.35792 of 2O2ll on the basis of a skill test which was conducted on 18.O1.2021 and communicated to the petitioners on 03.72.2021 and the stand of the society in W'P'No'35792 of 2O2l was that the skili test has to be ccinducted in the presence of the Three Man Committee which should include the President of the Society as per the G.O.Ms.No.74, dated 21' 1O'2O 1 1' I I

3. Learned counsel for the respondents have filed their respective counter affidavits and according to the learned government pleader for fisheries, the skill test has been .) conducted in accordance with the guidelines issued in G.O.Ms.No.74, dated 2l.t0.20l 1.

4. In view of the above and since it is submitted that the skill test has not been conducted in respect of the eligible persons who have made applications for the same, this Court deems it fit and proper to direct the respondents to conduct a skill test afresh to all the eligible candidates who made applications, strictly by following the rules and guidelines issued under G.O.Ms.No.74, dated 2l.l}.2}ll which includes, that the skill test has to be conducted in the presence of the President of the societ5r. The skill test shalr be conducted within a period of fwo (2) months from the date of receipt of a copy of this order.

5. Accordingly, these writ petitions are disposed of There shall be no order as to costs.

6. Miscellaneous petitions, if any, pending in these writ petitions, shall stand closed. To, //TRUE COPY// Sd/. A.V.S. PRASAD TA.NT REGISTRAR A SECTION OFFICER jI"J,',[:ffi x".?t[:]?*:.8,T31fl"";l,J"',1g31",;"l3ib,ii jy,;03,,v I z. lhe Commissroner of. .FisherieV Ex Officio Registrar of Fishermen So ciet i es, ailr,latsva Enar?i, s"r; III Na ga r, Vija y Nasa r corony, Hio"3,.?31'J" I

3. The District Fisheries Officer, Yadadri Bhuvanagiri District 4. One CC to M.VIDYAVATHI, Advocate. [OPUC] 5. One CC to SRI SRINIVAS KUDUMULA, Advocate. [OPUC] 6. Two CCs to GP for FISHERIES, High Court for the State of Telangana at Hyderabad. [OUTI

7. Two CD Copies. BSK w MP \ \ HIGH COURT DATED:0610212025 ( A o,) 1 t\E STAtef )^ 1r ttB 2$6 ! .t* 't, I O€Sp,1-f gvi t COMMON ORDER WP.No.35792 of 2021 & WP.No.20102 of 2022 DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS *fl 10 & ,l ) I I I