THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI W.P.NO. 4297 OF 2025

ORDER:

In this writ petition, the petitioner is seeking a writ of mandamus declaring the Proceeding bearing No.16/D/2023-11, dated 27.11.2024 issued by the respondent No.3 as illegal, arbitrary, violative of principles of natural justice and unconstitutional and contrary to G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries-II Development, dated 21.10.2011 and consequently to set aside the same 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 registered in the year 1981 and since then it has been operating and its area of operation consisted of two tanks namely Choudhary Pond (Ac.161.10 gts.,) and Mamidikunta Sikam (10 Acres), situated at Kottalla Village, Kowdipally Mandal, Medak District. Initially the petitioner society was registered with 67 members of different castes including Bestha, Mudiraj and several other communities mentioned in G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries II Department, dated 21.10.2011. However, 22 members died thereafter, and the society is functioning with only 45 members. It is stated that though the petitioner society can admit the legal heirs of its deceased members, it is not in a position to extend its services to them, as the usufruct of the said two tanks is not sufficient for the livelihood of the existing 45 members. Therefore, the petitioner society passed a resolution dated 29.04.2024 in its General Body Meeting informing the respondents that it could not admit the legal heirs of the 22 deceased members as the members of the society and further requested the respondents not to give any membership to any other person and if the respondents intend to fill up 22 members, the said members should be filled up with the legal heirs of the deceased 22 members only. Thereafter, the petitioner society made another representation dated 08.09.2024 complaining that without considering the cases of the legal heirs of the deceased 22 members of the society and without issuing any notice or advance intimation to the society, the respondents are trying to admit new members. The petitioner society representation dated 21.01.2025 was submitted to the Commissioner Fisheries Department, Telangana, stating that without following the procedure prescribed in G.O.Ms.No.74, Animal Husbandry, Dairy Development and Fisheries II Department, dated 21.10.2011, the authorities have conducted the skill test and without permission of the society and without any advance information, the said test was conducted and therefore, the same has to be cancelled. Instead of considering the representations of the petitioner society, the respondent No.3 has issued the impugned Proceedings bearing No.16/D/2023-11, dated 27.11.2024 stating that on the strength of skill test and the committee report, the Director of Fisheries Telangana has accorded permission and requested the President of the Fishermen Co- operative Society of Kottalla Village of Kowdipally Mandal of Medak District, to admit the respondents No.5 to 19 into the society. Stating that the operational area of the society is not sufficient to meet the requirements of the 45 of the respective families and that the society is not in a position to admit any new members including legal heirs of 22 deceased members, the present writ petition is filed.

3. Learned counsel for the petitioner has annexed the copy of the resolution as well as the representations made by the petitioner society to the respondents and also G.O.Ms.No.74, dated 21.10.2011, to the writ petition. He further submitted that under G.O.Ms.No.74, a three men committee shall be formed to conduct the skill test and that the committee comprising of the (1) Divisional Cooperative Officer (official member); (2) President, District Fishermen’s Cooperative Society (non-official member); (3) District Fi