Primary Fishermen Cooperative Soctety v. '1. The State of Telangana

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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in initiating steps for the formation of illegal Primary Fisherrnen Cooperative Society in Kothapeta Village, Chandurthi Mandal, Rajanna Sircilla District on Theegalakunta tank wherein the said tank is already existing in operational area of the petitioner Society as arbitrary, illegal and against the principles of natural justice and in violation of provisions under Telangana Cooperative Societies Act, 1g64 and consequently direct the respondent No.2 to 4 not to initiate any steps for formation of new primary Fishermen Cooperative Socie Chandurthi Mandal, Rajanna Sirci lia District on Theegalakur .a tank IA NO: 1 0F 2025 in Kothapeta Village, Petition under Section 151 CpC praying that in the cir the affidavit filed in support of the petition, the High Cou 1 direct the respondent No.2 to 4 not to initiate any steps Primary Fishermen Cooperative Society in Kothapeia Villag: Rajanna Sircilla District on Theegalakunta tank by consirl, representation dated .l 9_09-2025, pending disposal of the m I rumstances stated in may be pleased to cr formation of new Chandurthi Mandal, ring the petitioner,s n writ petition Counset for the petitioner: SRl. M. SAILA KRUPA Counsel forthe Respondent Nos. 1to4: Gp FOR ANIMAL HL Counsel for the Respondent Nos.5tog: Gp FOR REVENUE Counsel for the Respondent No.9: Gp FOR IRRIGATION DI: The Court made the following: ORDER SBANDARY ,ARTMENT I I | -l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION N0.30870 0F 2025 DATED .18.12.2025 Between: Primary Fishermen Cooperative Society, Thurthi rep. by its President Matkam Ushalu AND ... Petitioner The State of Telangana rep. by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad and 8 others .. Respondents ORDER In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the 4'h respondent in initiating steps for formation of illegal Primary Fishermen Cooperative Society in Kothapeta Village, Chandurthi Mandal, Raj anna Sircilla District on Theegalakunta tank, as illegal and arbitrary. 1 , \ E:rirQ't ar. t 2 W.P. No.30870 oi2025 -

2. According to the petitioner, Theegalakunta tar k is in the village of Thurthi, Kathalapur Mandal, Jagtial District and th petitioner society has got exclusive rights of fishing over the said tarl and according to the inlormation received by the petitioner, some ur (nown persons of neighbouring village, i.e., Kothapeta Village, Ct andurlhi Mandal, Raj anna Sircilla District are trying to stop the society members who are catching flsh and they are also trying to make a clairr: over the said tank by registering another fishennen society. The petitio rer claims to have made several representations to the authorities and on the ground that no action has been taken on the said representationr,. the present Writ Petition has been filed.

3. The 3"1 respondent has filed a counler affid:.'it confirming that the petitioner society is a registered society and is raving two tanks, Pedda Cheruvu and Theegalakunta Cheruvu under it, operation and its total water spread area of operation is 75.08 acres rvir -r 37 tnembers and it is also stated that the petitioner society is making payment of lease amounts for both the tanks regularly to the Fisher r s Department and their fishing rights are being issued to the petitionel ociety. It is stated that the authorities have received the representati<,r of the petitioner 3 W.P. No.i0870 of 2025 dt.19.09.2025 that some persons of Kothapeta village, chandurthi Mandal are obstructing to catch the fish in Theegalakunt4 Cheruvu. It is I \ further submitted that the petitioner society is having exclusive rights for I tishing in Theegalakunta tank and that the claim of any other person is not tenable unless the said tank is deleted from the area of operation of the Primary Fishermen cooperative Society, Thurthi, i.e., the petitioner society and also that it is not possible to register a new society on the sarne wa(er body. i.e.. Theegalakunta.

1. Learned Govemment pleader for Fisheries submitted that the writ Petition is filed on mere apprehension and there is no material whatsoever about registration of any other society on the same water body.

5. In view of the specific averment in the counter affidavit of the 3.d respondent that the petitioner alone is having excrusive fishing rights over the water body of Theegalakunta unless the said water body is deleted from its area of operation, no further orders are necessarv in this Writ Petition.

6. The Writ Petition is accordingly closed. No order as to costs I I I I t, G .I\ 4 *r.P. No.30870 o12025

7. Pending miscellaneous petirions, if any, in this ! f.it petition shall also stand closed To, SDr- JI. OSMAN ALI BAIG-- ASI; ST NT REGI -1 //TRUE COPY// S TION OFFICER

1. One CC to SRl. M. SAILA KRUPA , Advocate [OPUCI i. i;; ccri"-cp non nr'ir'rii,|Ai HusaAr'lbAnV,High ct urt for the State of :. rwo ctsio ci ron REVENUE High Court for the St I e of Telangana, at 4 Tft;-bC;6'-op Fon IRRIGATION DEPARTMENT, H t h court for the state 5. Two CD CoPies of Telangana, at HYderabad [OUT] Hvderabad [OUT] BtV GJP HIGH COURT DATED:1811212025 j i_ t) ORDER WP.No.30870 of 2025 --r=: : ::'- - t' - I l:.: L ,"-'<ttr ..;3 "',,'i".\,. 'I-)i j I i :tll2r .J0 -rl t/ '^..;i" '-. I ) CLOSING THE WRIT PETITION WITI'I )UTCOSTS c I la.t