This Writ Petition was filed challenging the show cause notice of the Assistant Director of Fisheries, Bhimavaram, West Godavari District, issued vide letter No.12/A2/2008, dated 08.10.2009.

2. The petitioner’s society was registered with registration No.11-B, Kalipatnam (East) under the provisions of A.P. Cooperative Societies Act, 1964 (for short ‘the Act’). It was formed with 16 members including the members of the Managing Committee. The Managing Committee consists of 5 members and they are President, Secretary and three Directors. The 16 members are doing fishing with gill net, basket tramps and by erection of garikattus into drains and gurlachader natural drain. The society was formed on the recommendation of the Fisheries Development Officer, Mogalturu. The Assistant Director of Fisheries issued license to the society as per the rules and regulations framed in G.O.Ms.No.50, Agriculture, dated 18.01.1963 and as amended vide Government Memo No.324/Fish/70-3 dated 07.12.1970. While so, the Assistant Director of Fisheries issued proceedings No.12/A2/2008, dated 10.08.2009 removing all the 16 members from the primary membership of the society. Challenging the same, some members of the society filed W.P.No.18159 of 2009 and the same was disposed of on 07.09.2009 directing the 2nd respondent, Assistant Director of Fisheries to give an opportunity to the Writ Petitioners by putting them on notice, receive the objections, if any, afford an opportunity of hearing and decide the matter afresh in accordance with law. After receipt of the said directions, the Assistant Director of Fisheries issued a show cause notice No.12/A2/2008, dated 08.10.2009 for removal of the members from the primary membership of the society on the ground that the members were not having necessary equipment for fishing operations and they have no knowledge about the fishing activity. It was also stated therein that there is no consent of the Sarpanch of the Gram Panchayat for registration of the society and other grounds. The said order of the Assistant Director is challenged in the present writ petition.

3. A counter affidavit was filed admitting the fact of the registration of the society on 18.06.2008 with 16 members as per the permission issued by the Commissioner of Fisheries, A.P., Hyderabad vide proceeding No.1309/I1/2008, dated 01.05.2008 basing on the proposals submitted by the then Fisheries Development Officer, Mogalturu. But the local M.L.A. of Narsapuram and resident fishermen of Kalipatnam raised objection in awareness meeting held on 18.06.2009 stating that the members of the society did not belong to fishermen community and they are not in the fishing profession and the society was bogus. It was also stated that Sri Srirama Murthy and others of Kalipatnam (East) submitted a representation to dissolve the society as the members were unskilled in fishing and they belong to Kapu community and S.C. community. On the said allegations, the Fisheries Development Officer, Mogalturu was instructed to enquire into the matter. He submitted a report stating that the members did not attend the enquiry on 25.06.2009 except two S.C. members of the society and they stated that they were not aware of the membership of the society. In the said report, it was also stated that the members did not have Navas and nets which were mentioned in the proposals submitted for registration of the society and the society was meant for sea going fishermen and the act of laying of garikattus etc., in drains is an activity of inland fishermen but not marine fishermen. The garikattus permitted to the society by the department were leased out to others violating the provisions of G.O.Ms.No.50, Agriculture, dated 08.01.1963. Thus, the Fisheries Development Officer, Mogalturu reported that all the members of the society were unskilled in fishing and they are not sea going fishermen. The counter further states that the required norms were not fulfilled for registration of