THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 16103 OF 2025

ORDER:

In this writ petition, the petitioner society is challenging the notice issued by the respondent No.4 dated 12.05.2025 to pass a General Body Resolution for bifurcation of Gopayyapalli of Peddapally Mandal from its area of operation without considering the resolution passed by the petitioner society on 20.05.2025 requesting the respondent No.4 not to bifurcate of the village Gopayyapalli of Peddapally Mandal from the petitioner society, as illegal and arbitrary and to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that the petitioner society was formed as a Primary Fisheries Cooperative Society Limited about forty years ago. It is submitted that its members are eking out their livelihood through the fishing activities carried on in the ponds of Peddacheruvu and Potharaju Cheruvu under the jurisdiction of Palitham Society. It is submitted that earlier Palitham, Gopayyapally and Kasulapally villages formed one society with forty three members and were carrying on fishing activities in (i) Peddacheruvu; (ii) Potharaju Cheruvu; (iii) Chintal Cheruvu; (iv)

Jangam Cheruvu and (v) Boorakunta Ponds/Tanks of Palitham Fisheries Society. It is submitted that the water in all the tanks other than Peddacheruvu, totally dried up in summer and only Peddacheruvu would have water even in summer for fishing activities and therefore, other tanks are low yielding fishing ponds. It is submitted that one Nerella Mondaiah filed W.P.No.20719 of 2023 seeking a writ of mandamus declaring the action of the respondents No.2 to 4 to consider his representation and to bifurcate the fishermen society and assign the Peddacheruvu in Gopayyapalli village for their fishing rights and the respondent No.4 herein had filed a counter affidavit to the effect that if Peddacheruvu is removed from the jurisdiction of the petitioner society, then the members of the society would lose their livelihood and therefore, it is not possible to bifurcate both the societies. It is submitted that this Court without going into merits of the case had disposed of the writ petition i.e., W.P.No.20719 of 2023 on 23.04.2025 directing the respondents to consider and dispose of the representation of the petitioner in accordance with law within a period of one month from the date of receipt of a copy of the order and pursuant thereto, the respondent No.4 issued the impugned notice dated 12.05.2025 directing the petitioner society to pass a General Body Resolution for the bifurcation of Gopayyapali village from its area of operation. It is submitted that upon receipt of notice, the petitioner society had conducted a General Body Meeting on 20.05.2025 and again resolved not to bifurcate the petitioner society on the ground that the petitioner society will lose the livelihood of their society members. However, without considering the said resolution, the respondent No.4 is trying to proceed with bifurcation of the society under the premise of implementation of the orders of this Court inW.P.No.20719 of 2023 and if the same is done, the members of the petitioner society would lose their prospects of livelihood. Therefore, the present writ petition has been filed.

3. Learned counsel for the petitioner has drawn the attention of this Court to the resolution of the General Body of society dated 20.05.2025 and also the averments of respondent No.4 in his counter affidavit in W.P.No.20719 of 2023, to the effect that the fish production is available only in Peddacheruvu of Gopayyapally village and that the other four tanks of Palitham village have less or no water in Summer and are therefore low yielding tanks and that all the members are dependent upon Peddachervu for their livelihood and there will be no viability to the parent society if it is divided. According to the learned counsel for the petitioner, the action of the respondents in trying t