HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.36988 of 2013 Date: 16-06-2014 Between:
The Fishermen Cooperative Society, represented by its PResident R. Pedda Ramulu, Turkapalli, Sharmirpet Mandal, Ranga Reddy District .. Petitioner AND The Government of Andhra Pradesh, represented by its Principal Secretary, Animal Husbandry Department, Secretariat, Hyderabad and 3 others .. Respondents HON’BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.36988 of 2013 ORDER:
The writ petition is filed for a mandamus declaring the action of the respondents in including the Malka Cheruvu into the area of operation of the 4th respondent Fishermen Cooperative Society, Lalgadi Malakpet, instead of the petitioner-Fishermen Cooperative Society, Turkapally as illegal and arbitrary and for a consequential direction to delete the Malka Cheruvu from the area of operation of Fishermen Cooperative Society, Lalgadi Malakpet.
2. The case of the petitioner is that one Malka Cheruvu in Survey Nos.235, 236, 238, 239, 240, 242 and 243 admeasuring Ac.58.08 guntas situated at Turkapally village, Shamirpet Mandal, Ranga Reddy District is in the area of operation of the petitioner Fishermen Society and as per the guidelines given by the Fisheries Department, the fishermen residing within the area of operation of the tank are only eligible to do fishing in the tanks and not the persons residing outside the area of operation of the tank. It is stated that though Malka Cheruvu is within the area of operation of the petitioner society, the adjoining Fishermen Cooperative Society, Lalgadi Malakpet, the 4th respondent is being leased out the said tank every year for doing fishing. The petitioner society made several representations to the authorities regarding the fact that the Malka Cheruvu is within the limits of the petitioner society, as such, inclusion of Malka cheruvu within the area of operation of the 4th respondent society is illegal. The Assistant Director of Fisheries, Ranga Reddy, addressed to the Mandal Tahsildar, Shamirpet Mandal, Ranga Reddy District on 09- 08-2011 to verify the position of Malka Cheruvu and the petitioner society came to know that Tahsildar, Shamirpet submitted report holding that the tanks are situated at Turkapally village, Shamirpet Mandal, Ranga Reddy District and thereafter, notices were issued to the 4th respondent on 25-02-2012 to show cause as to why Malka Cheruvu should not be included into the petitioner society by deleting it from the 4th respondent society, for which no reply was given by the 4th respondent and no further action was taken. Aggrieved by the same, the present writ petition is filed.
3. The respondents 1 to 3 filed counter admitting that the major area of Malkacheruvu in Survey Nos.235, 236, 238, 239, 240,241, 242 and 243 admeasuring Ac.58-08 guntas of Turkapally village comes under the area of operation of Turkapally village, Shamirpet Mandal, Ranga Reddy District and is submerging and the same is liable for transfer to the control of the Fishermen Cooperative Society, Turkapally, Shamirpet Mandal, Ranga Reddy District by deleting from the Fishermen Cooperative Society, Lalgadi Malakpet, Shamirpet Mandal, Ranga Reddy District. It is also stated that the major submerged land into the Malkacheruvu pertains to Turkapally village, Shamirpet Mandal, Ranga Reddy District, so the petitioner society have rights over Malkacheruvu and the share from the above tank to the petitioner society have to be provided as per the letter given by the Tahsildar, Shamirpet. It is also admitted that the petitioner has submitted representation to the 2nd respondent for inclusion of Malkacheruvu into the area of operation of the petitioner society, in response to which, the 2nd respondent issued notice vide Lr.No.667/C/11 to the 4th respondent for deletion of the said tank from the area of operation and requested to submit the objection if any, but the 4th respondent society has not submitted any objection till date and action will be initiated for amending the bye law No.1 of the 4th respondent society under Section 16 (5) of the A.P. Cooperative Society Act, 1964 and tank of Malkacheruvu will be deleted from the 4th respondent society and included into the area of operation of the petitioner society.
4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Fisheries. Though notice was served to the 4th respondent society, none appeared for the 4th respondent.
5. Having regard to the admissions made by the respondents in the counter that Malkacheruvu falls within the area of the petitioner society and basing on the representation of the petitioner society, notices were issued to the 4th respondent society for which the 4th respondent society has not replied to the same and that action will be initiated for amending the bye law No.1 of the 4th respondent-Fishermen Cooperative Society, Lalgadi Malkpet under Section 16 (5) of the A.P. Cooperative Societies Act, 1964 and tank of Malkacheruvu will be deleted from the 4th respondent society and included into the area of operation of the petitioner society, I deem it appropriate to direct the 2nd respondent to take appropriate action under Section 16 (5) of the A.P. Cooperative Societies Act for amending the bye-law No.1 of the 4th respondent society by deleting Malkacheruvu from the operation of the 4th respondent society and inclusion of the same within the area of operation of the petitioner society, after considering objections, if any, by the 4th respondent, as expeditiously as possible, preferably within a period of two (2) weeks from the date of receipt of a copy of the order.
6. With the above direction, the writ petition is disposed of. No costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
A. RAJASHEKER REDDY, J Date: 16-06-2014 Ksn