THE HON’BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.6168 OF 2023

ORDER:

This Writ Petition is filed seeking a writ of mandamus declaring the Lr.No.12/D/2022, dated 19.01.2023 issued by the 3^rd respondent, as illegal, arbitrary and contrary to the provisions of the Telangana Co-operative Societies Act, 1964 (for short ‘the Act’) and Rules made there under and to set aside the same and to pass such other order or orders.

2. Heard the learned counsel for the petitioner, learned Government Pleader for Fisheries, appearing for respondents No.1 to 3 and the learned counsel appearing for respondents No.4 to 20.

3. Brief facts of the case are that respondents No.4 to 10 belonging to Mudhiraj community, have made a representation to the Registrar of the Society i.e., 3^rd respondent for membership into the petitioner’s Society and the said request was considered by the Registrar and after conducting skill test on 11.05.2022, directed the petitioner herein to hold a general body meeting and pass a resolution admitting respondents No.4 to 20 as members of the Society.

Challenging the same, the present writ petition is filed.

4. The main ground raised by the learned counsel for the petitioner is that the official respondents have not followed the procedure contemplated under G.O.Ms.No.74, dated 24.10.2011 i.e., they have not followed the procedure prescribed under Section 19 of the Act. According to the petitioner, the persons who are desirous to become the members of a Society have to approach the President/Secretary of the Society and thereafter, the matter has to be referred to Registrar for conducting skill test and only such persons who are qualified in skill test would be admitted as members of the Society. It is contended that in the present case, the persons who are desirous to join as the members of the Society have approached the Registrar directly.

5. The official respondents have filed a counter affidavit stating that the respondents have followed the prescribed procedure for admission of respondents No.4 to 20 as members into the petitioner’s Society. It is stated that the fishermen of Mudhiraj community of Sanugula (V) of Chandurthi (M) have submitted a representation to the District Fisheries Officer, Rajanna Sircilla District for enrolment as new members into the existing Fishermen Cooperative Society on 04.02.2022 and that the No Objection Certificate has been issued by the Sarpach & Panchayat Secretary of the said village on 19.02.2022 and the Gram Panchayat also passed resolution dated 28.03.2022 and caste certificates were also issued by the concerned Tahsildar. Thereafter, skill test was conducted on 11.05.2022 on advance intimation to the members of the Skill Test Committee along with intimation to the Panchayat Secretary to ‘tom tom’ in the village on 02.05.2022 and as per the guidelines issued in G.O.Ms.No.74, dated 21.10.2011 and out of 31 applicants, only 19 members qualified and Form-J of the applications under Rule 12-A of the Act were sent to the petitioner’s Society by the District Fisheries Officer on 25.10.2022 and a letter dated 19.01.2023 was also addressed to the President of Fishermen Cooperative Society, Sanugula to pass a resolution to admit the proposed members who qualified the skill test. It is further stated that there are four tanks with water spread area of Ac.149.65 gts with only 31 members in the petitioner’s Society and as per existing feasibility norms another 43 members can be enrolled into the petitioner Society.

6. Learned Government Pleader for Fisheries has relied on the above averments and submitted that the unofficial respondents 4 to 20 can be admitted into the petitioner Society.

7. Learned counsel appearing for unofficial respondents No.4 to 20 has relied on the averments of the official respondents in their counter affidavit and has further placed reliance on the judgment of the Division Bench of this Court in W.A.No.1431 of 2001 dated 04.03.2004 wherein it was observed that perso