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2026 Supreme(AP) 86

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY, J.
Vattikala Venkataramanaiah, S/o. Venkateshwarlu
Versus
The State Of Andhra Pradesh, Rep.By Its Principal Secretary, Fisheries Department
WRIT PETITION NO: 35665 of 2025
Decided on : 16-02-2026

Advocates Appeared:
For the Appellant : K NARSI REDDY

Governmental bodies must act expeditiously on membership applications for societies, especially when vacancies exist, to avoid arbitrary inaction.

Headnote:(A) G.O.Ms.No.74, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 21.10.2011 - Writ petition was filed to declare the non-admission of Petitioners as members of the Fishermen Co-operative Society as illegal and arbitrary - 137 Petitioners applied for membership concerning the existence of vacancies. (Paras 1, 2)

(B) The Respondents are directed to consider the admission of Petitioners within four months post receipt of this order, ensuring decisions are not kept in abeyance. (Paras 4, 5)

Facts of the case:
Petitioners, being fishermen, assert their right to membership in a society with vacancies, having made representations for admission according to the governing G.O.Ms.No.74.

Findings of Court:
The court mandated that actions be expedited regarding the admission claims of the Petitioners.

Issues: The legality of the Respondents' inaction on the representation for membership was scrutinized.

Ratio Decidendi: The court emphasized the necessity for timely decisions concerning the admission to the society, indicating that governmental delay without decisive action could be deemed arbitrary.

Result: Writ petition disposed of with directions.

Table of Content
1. petition challenging membership denial (Para 1 , 2)
2. government's recognition of representation (Para 3)
3. request for a timeframe on decision (Para 4)
4. order for prompt action on membership (Para 5)

ORDER :

NYAPATHY VIJAY, J.

1. This writ petition is filed declaring the action of Respondents in not admitting the Petitioners as members of Respondent No.4-Soceity by considering their representation dated 01.10.2025 in terms of G.O.Ms.No.74, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dated 21.10.2011 as illegal and arbitrary.

2. The facts leading to filing of the case are as follows:

Respondent No.4 is a Fishermen Co-operative Society registered on 03.01.1976 with Registration No.F.25. It is stated that the area of operation of the society extends to Chinakraka and Annavaram Revenue Villages which comprise of one irrigation tank of an extent of 1600 acres (640 hectares). It is stated that as the Petitioners are also fishermen and as of now there are 300 vacancies in the society and the 137 Petitioners herein had applied for the membership in the society and to admit them after conducting the requisite skill test in terms of G.O.Ms.No.74, dated 21.10.2011. As the representation is not being considered, the present writ petition is filed.

3. Learned Assistant Government Pleader, passed on signed instructions of Joint Director of Fisheries, SPSR Nellore District dated 12.02.2026, wherein the facts are not in dispute with regard to area on lease of Respondent No.4-society. However, it is mentioned that Respondent No.3 had positively considered the representation of the Petitioners and appropriate action in accordance with law would be taken after receipt of feasibility and viability report from the Fisheries Development Officer and the Assistant Director of Fisheries, Kavali.

4. Learned counsel for the Petitioners submits that certain time frame be fixed for the Respondents to take decision rather than keeping the issue in abeyance on one ground or other.

5. Considering the submissions, the writ petition is disposed of directing the Respondents to take further action with regard to the claim of Petitioners for admission as members of Respondent No.4-Society in terms of G.O.Ms.No.74, dated 21.10.2011, as expeditiously as possible, preferably within a period of four months from the date of receipt of a copy of this order. No order as to costs.

As a sequel, pending applications, if any, shall stand closed.

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