The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.36592 of 2014 Dated 01.12.2014 Between:
The Fishermen Co-operative Society B.Yaleru rep. by its President Sri Kondapalli Nanjappa …Petitioner And The State of Andhra Pradesh rep. by its Prl.Secretary, Animal Husbandry, Dairy Development and Fisheries dept., Hyderabad and 139 others.
…Respondents Counsel for the petitioner: Mr.Amancharla Satish Babu Counsel for respondent Nos. 1 to 5: AGP for Fisheries (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside two separate proceedings, dated 26-08- 2014 and 20-10-2014, bearing common number i.e., No.1185/D/2013, issued by respondent No.4, whereby he has directed the petitioner- Society to admit the private respondents as its members.
A perusal of the proceeding, dated 26-08- 2014, shows that instead of forwarding the applications of private respondent Nos.6 to 71 to the petitioner- Society for being considered, respondent No.4 has gone a step further and straight away directed the petitioner- Society to admit them as its members. However, after the said order was passed, a further order was passed by respondent No.4 on 20-10-2014 wherein he has sought to justify his earlier direction to admit private respondent Nos.6 to 71 into the petitioner- Society and directed the petitioner- Society to admit private respondent Nos.72 to 140 as its members.
The aforesaid decisions of respondent No.4, in my opinion, are traceable to Section 19 (2) (b) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act’). Under Section 76 of the Act, any person or Society aggrieved by any decision taken inter alia under Section 19 of the Act is entitled to file an appeal before the Andhra Pradesh Co-operative Tribunal. In view of availability of this effective alternative statutory remedy, it is appropriate for the petitioner to avail the same. Therefore, without adjudicating on the legality or otherwise of the impugned proceedings issued by respondent No.4, the Writ Petition is dismissed with liberty to the petitioner to avail the remedy of appeal.
As a sequel, WPMP.No.45802 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 1st December, 2014
LUR