2024 Supreme(Online)(TEL) 16212
HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITIONS No. 39110, 41764 OF 2017
5547, 14758, 17384, 18692 OF 2020
2261, 12734, 16001, 27999, 28353, 30793, 31090, 31098, 36292 OF 2021
6480, 7076, 10251, 10836, 24584, 33027, 33071, 34337, 44994 OF 2022 AND
11005, 5578 OF 2023
COMMON ORDER:
In Writ Petitions No. 41764, 39110 of 2017, 14758, 17384 of 2020, 28353 of 2021, 5578, 7076, 24584, 44994 of 2022, grievance of petitioners is that their request to the Government for constituting an Expert Committee/referring the matter to Telangana Commission for Backward Classes constituted under G.O.Ms.No.9, dated 16.11.2021 in order to evaluate and decide the fishing occupation which is meant for fishermen of Bestha/Bhoi, Gangaputra and Goondla communities was not considered.
2. In Writ Petitions No. 18692 of 2020, 16001, 31098, 31090, 30793, 27999 of 2021, and Writ Petitions No. 10251, 6480, 10836, 33027, 34337, 33071 of 2022, grievance of petitioners is that in Fishermen Cooperative Societies exclusively occupied by the members of Bestha / Bhoi, Gangaputra and Goondla, petitioners, who belong to Mudiraj, Muthrasi and Tenugollu community are not getting membership.
3. Writ Petitions No. 2261, 36292, 12734 of 2021 are filed questioning the proceedings of the District Fisheries Officer to conduct skill test, duly mis-interpreting the order of this Court in Writ Petition No. 22803 of 2020, dated 24.03.2021.
4. The issue involved in all these cases boils down to the point ‘whether a direction is required to the Government of Telangana for constituting an Expert Committee/referring the matter to Telangana Commission for Backward Classes constituted under G.O.Ms.No.9, dated 16.11.2021 in order to evaluate and decide the fishing occupation by the respective communities as claimed’.
5. The erstwhile State of Andhra Pradesh adopted Cooperative Societies Act and enacted A.P. Cooperative Societies Act, 1964 to facilitate the fishermen of the State to form Societies under the provisions of the Act after its amendment now Telangana Cooperative Societies Act, 1964 (for short, ‘the Act’). Petitioner Societies (Bestha/Bhoi, Gangaputra and Goondla communities) have registered themselves under the Act, 1964 and getting the leasehold rights to carry out fishing operations in the respective tanks from the competent authorities, as per G.Os. issued by the government from time to time and the practice in vogue.
6. Government registered Societies under the Act, 1964 with an avowed object to do fishing operation in the respective tanks to eke out livelihood. In the first batch of Writ Petitions, the contention of petitioners is that the communities of Bestha/Bhoi, Gangaputra and Goondla are real fishermen, whereas the communities of Mudiraj, Muthrasi and Tenugollu who belongs to BC ‘D’ group are meant for garden work.
7. Whereas the contention of petitioners (Mudiraj, Muthrasi and Tenugollu) is that in terms of G.O.Ms.No.98, dated 26.01.1964 issued by the Revenue Department facilitating some 29 communities which include Gangaputra and Muthurasi as fishermen to do fishing in the tanks, as such they are also entitled for membership in the Societies being run by the communities of Bestha/Bhoi, Gangaputra and Goondla.
8. In all these Writ petitions, counters have been filed by the respondents therein for which replies have also been filed by the respective parties.
9. Heard learned counsel for petitioners Smt. M. Vidyavathi, Sri. D.L. Pandu, Sri T.P. Acharya, Sri V.Veda Vikas, Sri Ponnam Mahesh Babu, Sri P.V.V.D. Rajeswari, Sri M.
Rupender, Sri Vijay B. Paropakari, Sri L. Bhargav Krishna and learned Special Government Pleader Sri Swaroop OOrilla appearing for learned Additional Advocate General for respondents. Perused the entire record.
10. The composite State of Andhra Pradesh vide G.O.Ms.No.98 (Revenue Department), 22.01.1964 issued a list of 29 communities, who are engaged in fishing as under:
1) Agnikula – Kshatriya
2) Bageti. 3) Bantu.
4) Besta or Bhoi.
5) Boyee.
6) Ghomabadi.
7) Dhiwar. 8) Goondla.
9) Gullavallu.
10) Jalarulu.
11) Kandra.
12) Keviti.
13) Kharboi.
14) Kondadoralu.
15) Marakallu.
16) Meela.
17) Muthurasi.
18) Noyyalu or Neyyillu.
19) Oda. 20) Palli.
21) Pattapu Kapu.
22) Sadur Boyee.
23) Teegu.
24) Telanga(Goli).
25) Tenugu(Koli Muthuraaji)
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