The formation of a new cooperative society does not necessitate the forced removal of members from an existing society or the amendment of its bye-laws, provided the new society is formed with its own members.

(Special Original Jurisdiction)

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ. Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the 2nd respondent in issuing Memo Rc.No 21339/1/2025 dated 25-11-2025 directing to submit proposals for Organization of new Marine Fishermen Cooperative society Ltd at Neelagaddapeta Village, Pusapatirega Mandal ,Vizianagaram District and the consequential Letter Lr No 58/8/2025 dated 26-11-2025 issued by the 7th respondent directing to amend the bye laws of the petitioners society as illegal ,arbitrary and violative of Article 14 and 19(1) ( C) of the Constitution of India, and contrary to the Provisions of the A.P. Cooperative Societies act and rules made there under and consequently set aside the Memo Rc.No 21339/1/2025 dated 25-11-2025 and Lr No 58/8/2025 dated 26- 11-2025 and direct the respondents to follow the Procedure established under the Provisions of the A.P. Cooperative Societies act and rules made there under and to pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings in pursuance of the Memo Rc.No 21339/1/2025 dated 25-11-2025 issued by the 2nd respondent and the Lr No 58/8/2025 dated 26-11-2025 issued by the 7th respondent pending disposal of the above writ petition and to pass

IA NO: 2 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to implead the Petitioner Society Respondent No.8 in the main Writ Petition No.33690 of 2025 and also in all Miscellaneous Petitions, and pass

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to Vacate the Status Quo orders passed on 04-12-2025 in W.P.No.33690 of 2025 and pass

IA NO: 2 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to vacate the interim order dated; (04.12.2025 passed in W.P.No. 33690 of 2025 and dismiss the Writ Petition and pass

Counsel for the Petitioner: L V S NAGARAJU

Counsel for the Respondents: GP FOR FISHERIES

WRIT PETITION NO: 34208 OF 2025

Between:

1. The Marine Fishermen Cooperative Society,, Neeligaddapeta, Rep. by its Chief Promoter, M. Simhachalam, S/o. Kondaiah, Aged about 45 Years, Occ- Fisherman, R/o. D.No.3-5, Neeligaddapeta, Chintapalli Gram Panchayat, Pusapatirega Mdl., Vizianagaram District.

...Petitioner

AND

1. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Animal Husbandry Dairy Development and Fisheries, AP Secretariat, Amaravathi, Guntur District.

2. The Commissioner of Fisheries, Vijayawada, Andhra Pradesh.

3. The Joint Director of Fisheries, Vizianagaram, Vizianagaram District.

4. The District Collector, Vizianagaram, Vizianagaram District.

5. The District Fisheries Officer, Vizianagaram, Vizianagaram District.

6. The Deputy Director of Fisheries, Vizianagaram, Vizianagaram District.

7. The Assistant Director of Fisheries and Ex Officio, Deputy Registrar of Fishermen Cooperative Society, Vizianagaram, Vizianagaram District.

8. The Jalaputra Marine Fishermen Cooperative Society Limited, Rep. by its Vice President. Barri Polayya. VN45, Chintapalli Vil