ORDER :

This writ petition is filed seeking Writ of Mandamus declaring the order passed by the respondent No.3 in letter No.355/D/2012 dated 16.01.2014 as illegal, arbitrary and without jurisdiction.

2. Heard Sri Chakravarthy, learned counsel representing Sri O. Manoher Reddy, learned counsel for the petitioner, learned Assistant Government Pleader for Fisheries appearing for respondents No.2 to 4, learned Assistant Government Pleader for Cooperation appearing for respondent No.1, and Sri D. V. Shrikanth, learned counsel appearing for unofficial respondents No.5 to 22.

3. Learned counsel for the petitioner submits that the petitioner’s society is registered under provision of Co-Operative Society Act. All the members of the petitioner’s Society are fishermen by profession and are eking out their livelihood by doing fishing in the tanks located within the area of operation of the Society. He further submits that one D. Vital Muddi Raj also is claiming himself to be the Chief Promotor of Muddi Raj Fishermen, Mardi Village, Kalher Mandal, Medak District, filed W.P.No.29919 of 2011, before this Court seeking a direction to the 3rd respondent to form new Fishermen Co-operative Society in Mardi Village, Kalher Mandal, Medak District. The said writ petition was disposed of on 10.11.2011, directing the respondent No.3 therein to take appropriate decision on the representation dated 14.07.2011, in accordance with law, within a period of three (03) months from the date of receipt of a copy of the order.

3.1. Thereafter, respondent No.3 passed order vide Lr.No.355/D/2011, dated 28.07.2011, directing the petitioner’s society to admit the members mentioned in the said letter as a members of the petitioner’s society, by duly passing resolution on or before 24.08.2012. Questioning the said order, the petitioner’s society filed writ petition No.30252 of 2012 and the same was disposed on 26.09.2012. He further submitted that D. Vital Muddi Raj filed another W.P.No.1308 of 2013, questioning the action of the respondents No.2 and 3 therein, in not re-conducting the skill test for formation of a new Fisherman Cooperative Society in Mardi Village, Kalher Mandal, Medak District for the remaining members of the Fishermen community. During the pendency of the of the writ petition, the skill test was conducted and the said writ petition was dismissed as infructuous.

3.2. He further submitted that respondent No.3 without following the due procedure as contemplated under the provisions of Telangana Cooperative Society Act, 1964 (hereinafter referred to as ‘the Act’ for brevity), passed the impugned proceedings vide Lr.No.355/D/2012, dated 16.01.2014, directing the petitioner’s Society to provide membership to the unofficial respondents and the same is contrary to the provision of Section 19 (2-A) (2-B) and 3 of the Act.

4. Per contra the learned Assistant Government Pleader for Fisheries, submits that respondent No.3 after following the due procedure as contemplated under the provisions of the Act, issued the impugned proceedings dated 16.01.2014 directing the petitioner’s society to provide membership to the unofficial respondents as they are qualified to get membership in the Petitioner’s Society. She further submits that the total water spread area of the existing tanks of Sultanabad is 520.30 Hectares, whereas the total membership of the petitioner’s society is only 170 members. As such there is availability for inclusion of qualified fishermen as members in the petitioner’s society.

5. Learned counsel appearing for the unofficial respondents submits that when the petitioner’s society refused to consider the request of the unofficial respondents to provide membership, the unofficial respondents have rightly approached the official respondents by invoking the provisions of the act and 3rd respondent rightly issued the impugned proceedings on 16.01.2014, holding that unofficial respondents are eligible to include as a members in the petitioner’s socie