THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.27472 OF 2024

O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring the action of the respondents in rejecting the petitioners’ representation dt.11.07.2023 for formation of new Fishermen Cooperative Society, Narayanpalli for the fishermen belonging to Boyavalmiki community by allotting the water tanks at Eligedu village and Narayanpalli Village for the purpose of fishing operations as illegal, arbitrary and unjustified or in the alternative to join the petitioners and the fishermen belonging to Boyavalmiki community, Eligedu into respondent No.6 society as its members and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioners claim to be belonging to Boyavalmiki community and are residents of Eligedu Village and Mandal of Peddapalli District. It is stated that around 200 families of Boyavalmiki community are residing in this village and are suffering from shortage of livelihood and are also eligible for fishing rights. It is submitted that Narayanpalli was the Hamlet of Eligedu and after formation of the State of Telangana, the Government of Telangana had formed new districts and villages and Narayanpalli, being the Hamlet of Eligedu, has been formed as a Village and also as a separate Gram Panchayat. Ever since, both the Villages of Narayanpalli and Eligedu have been separate and independent in their existence in all legal and other aspects.

3. It is submitted that prior to formation of separate Village of Narayanpalli, people belonging to Mudiraj community and residents of Narayanpalli formed a society under the name and style of ‘Fisheries Industrial Cooperative Society, Eligedu’ and used to do fishing in the ponds located within the limits of Eligedu and after formation of the Village Narayanpalli, it is for them to fish in the ponds within the limits of Narayanpalli. However, they have been continuing fishing in the Village of Eligedu as well, and thus, the petitioners allege that the natives of Eligedu are losing their livelihood. Therefore, they have made a representation for separate Cooperative Society in Eligedu as well, vide representation dt.11.07.2023. Thereafter, they filed W.P.No.24217 of 2023 and respondent No.5 filed a counter affidavit therein stating that FCS (Fishermen Cooperative Society), Eligedu was registered on 16.08.1982 with the area of operation of 6 water tanks in Eligedu and 3 water tanks in Narayanpalli and it has exclusive jurisdiction over all the water tanks and it is not desirable to have a separate fishermen cooperative society. It is further stated in the counter affidavit that the society has a total membership of 105, out of whom, 94 members are from Eligedu and 11 members are from Narayanpalli and that the General Body of FCS, Eligedu has to pass a resolution for change of FCS, Eligedu to FCS, Narayanpalli or for bifurcation of the society. The said Writ Petition was, however, withdrawn with liberty to file a fresh Writ Petition as and when required and the petitioners have since filed this Writ Petition after their representation has been rejected by the respondents vide letter dt.16.06.2023.

4. Learned counsel for the petitioners reiterated the submissions made in the writ affidavit and prayed for consideration of the case of Boyavalmiki community in the Village of Eligedu also as members of the Fishermen Cooperative Society.

5. Respondent No.5 has filed a counter affidavit stating that there are only 9 water tanks under the villages Narayanpalli and Eligedu and that Narayanpalli was once Hamlet of Eligedu Village and Mandal and the present membership of the society is 105 and the water spread area is 131.03 acres which is sufficient for 105 members, i.e., at the rate of one acre per one member as all the tanks are canal fed tanks. It is submitted that at present there is a proposal for enrolment of 16 new members of Eli