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2025 Supreme(Online)(Tel) 53624

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI
The Fishermen Cooperative Society – Appellant
Versus
The State of Telangana – Respondent
WP 6035/2021



THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.6035 OF 2021, WRIT PETITION NO.10852 OF 2023, WRIT PETITION NO.8247 OF 2025 AND WRIT PETITION NO.12409 OF 2025

COMMON ORDER

W.P.No.6035 of 2021 W.P.No.6035 of 2021 was filed challenging the proceedings No.1235/E2/2018 dt.29.03.2019 as illegal, arbitrary and violative of principles of natural justice.

2. Brief facts leading to the filing of W.P.No.6035 of 2021 are that the petitioner is the Fishermen Cooperative Society of Pillalamarri Village, Suryapet Mandal and District and all its members are fishermen by profession and are eking out their livelihood by conducting fishing operations. The society is having two tanks under its operation, i.e., Shobha Samudram and Kethavani tank. The fishermen of Pillalamarri Village therefore approached the 3rd respondent for registration of the society under Section 8 of the Telangana Cooperative Societies Act, 1964 (for brevity, ‘the Act of 1964’) and the same was registered vide Registration No.01/QFC/2018 dt.09.04.2018 and a certificate of registration was also issued by the 3rd respondent. Thereafter, the petitioner society paid lease amount of Rs.26,980/- for the Fasli year 2018 to the Fisheries Department on 18.04.2018 in respect of the two tanks and also deposited the fish seed in the two tanks with their own expenses and the authorities also issued fish seed certification and stocking certificate. The members of the petitioner society have therefore been requesting the authorities to permit the petitioner society to pay the lease amount and also to grant permission for conducting fishing operations in respect of the said two tanks and the society passed resolutions and submitted representations. However, when there was no decision taken by the respondent authorities, the petitioner filed W.P.No.21679 of 2020 and this Court has disposed of the said Writ Petition on 07.12.2020 directing the 3rd respondent to consider the representations of the petitioner society and to take action in accordance with law within a period of four weeks from the date of receipt of a copy of the said order. In the meantime, the 4th respondent society filed a petition under Section 77 of the Act of 1964 before the 2nd respondent to revise the certificate of registration granted in favour of the petitioner society on the following grounds:-

(1)“Pillalamarri village is in the limits of Suryapet fisheries cooperative society.

(2)From the formation of Suryapet fisheries cooperative society fishing activities are going on in Pallalamarri village.

(3)There are six members from Pillalamarri village.

(4)The Cooperative Act provisions were not followed for the formation of Pillalamarri village cooperative society and the present Suryapeta cooperative society has been formed.

(5)This society has been formed by violating the acts.

The 2nd respondent observed as under:-

1. “Fisheries Cooperative society, suryapet has been formed as per the provisions of the 1952 on 17.09.1958 under registration No.297/T/H.

2. In by-law it is mentioned as Suryapet taluk.

3. It is came to know that as per CF-106 suryapet cooperative society ramagudem and pillamarri village ponds are under lease.

4. The by-law of suryapet cooperative society has been made as per the 1952 Act, and no changes were made to the same after the enforcement of Amendment 1964 cooperative act. It is noticed that no officer has taken steps to rectify By-law, N-Block.

5. Present the membership details of suryapet cooperative society Suryapet – 183, Pillamarri – 06, Rayanagudem – 52.

6. It is noticed the above said issues are pending before court, human rights.

7. The persons earlier worked one district officer gave reply to Rti letter stating that the pillalamarri village is in the suryapet limits.”

Thus observing, the 2nd respondent, vide the impugned orders dt.29.03.2019, has informed the petitioner society that the petitioner society is within the limits of Suryapet Fisheries Co-operative Society as there are 6 member

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