THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.35375 of 2014 Between:
Dated 20th November, 2014 Fishermen Cooperative Society B.Yaleru And …Petitioner Government of State of Andhra Pradesh, rep.by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Secretariat Buildings, Andhra Pradesh, Hyderabad and others …Respondents Counsel for the petitioner: Ms.Kesavi Kumari Nemala Counsel for the respondents: AGP for Fisheries The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside proceedings bearing No.1185/D/2013, dated 20.10.2014, of respondent No.4.
A perusal of the record shows that by the impugned order, respondent No.4 has directed the petitioner-Society to admit 69 persons whose names are mentioned therein as its members. If the impugned order is set aside, interests of these 69 persons will be adversely affected. However, the petitioner failed to implead these persons as respondents. The legality or otherwise of the impugned order cannot be adjudicated behind the back of the said persons. Therefore, writ petition suffers from serious vice of non-joinder of necessary parties.
The writ petition is therefore dismissed, however, with liberty to the petitioner to file a fresh writ petition by impleading the said persons.
As a sequel to dismissal of the writ petition, W.P.M.P.No.44246 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 20th November, 2014
VGB