The formation of a new Fishermen Cooperative Society is mandated by resource subsumption, and previous societies cannot claim separate rights due to loss of operational water bodies.

ORDER :

T.MADHAVI DEVI, J.

W.P.No.1071 of 2012 was filed seeking a Writ of Certiorari to call for the records in C.T.A.No.79 of 2009 dated 29.01.2011 passed by respondent No.1-the Cooperative Appellate Tribunal, arising out of proceedings No.515/B/2006 dated 02.02.2009 of respondent No.2-the Assistant Director of Fishermen/Ex-Officio-Deputy Registrar of Fishermen Cooperative Societies, Nizamabad, and to quash the same as illegal, arbitrary, mala fide and violative of the principles of natural justice and consequently to allow C.T.A.No.79 of 2009 on the file of respondent No.1 and to pass such other order or orders.

2. Brief facts leading to the filing of W.P.No.1071 of 2012 are that the petitioner-Fishermen Cooperative Society of Abhangapatnam Village was formed in the year 2003 and had two tanks, namely Kadi Cheruvu and Yerrakunta, under its operation for fishing. The Fisheries Department leased out Kadi Cheruvu to the petitioner-society for fishing purposes. Another society, namely the Fishermen Cooperative Society of Abbapur Village, Navipet Mandal, Nizamabad District, wanted to be formed and some members belonging to Fishermen community of Abbapur Village, requested to give share in the fishery wealth of Kadi Cheruvu tank and they filed a petition before respondent No.2 seeking formation of a separate society. Respondent No.2 rejected the proposal of the fishermen of Abbapur Village for a separate society on the ground that it was not feasible to form a separate society due to scant water resources available to them, but directed the petitioner-society to admit the fishermen of Abbapur vide proceedings No.515/B/2006 dated 02.04.2007. Aggrieved by the same, the petitioner-society filed C.T.A.No.34 of 2007 before the Cooperative Tribunal, Hyderabad, and vide order dated 03.10.2008, the Tribunal had set aside the order dated 02.04.2007 passed by respondent No.2 and remanded the matter to respondent No.2 to pass fresh orders after giving opportunity to both sides.

2.1 Pursuant to the orders of the Tribunal, respondent No.2 passed order in proceedings No.515/B/2006 dated 02.02.2009 amending Bye- law No.1 of the petitioner-society, which prescribes the area of operation of the society by extending it to both the villages, namely Abhangapatnam and Abbapur, thereby facilitating the fishermen of Abbapur Village also to join as members of the petitioner-society. Challenging the same, the petitioner-society filed C.T.A.No.79 of 2009 before respondent No.1.

2.2 While disposing of C.T.A.No.79 of 2009, the Tribunal observed that Abhangapatnam Village has Kadi Cheruvu under its operation, which consisted of water spread area of Acs.84.36, out of which Acs.44.28 belonged to Abbapur Village. It was further observed that Abbapur Village has seven tanks with a total water spread area of only Acs.35.76, and that the water in these bodies is seasonal not perennial. The Tribunal also noted that Abhangapatnam Village has another tank, Yerrakunta, with a water spread area of Acs.22.14. Observing that the fishermen of Abbapur Village were making efforts to form a separate society and considering the contention of the petitioner-society before respondent No.2 that the fishermen of Abbapur Village cannot be made as members of the petitioner-society and that the petitioner-society was reluctant to admit them as members, the Tribunal felt that a separate society has to be